Posts for December 9, 2015
These are the posts that are accumulated in our
newsletter which goes out every 4-6 days during the school year. The posts are
organized by the major units in our Con Law (5th ed.) student textbook.
I.
Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th edition of Constitutional
Law] Here are some recent articles that are relevant to
this unit:
Yes, the
Justices Read the Headlines [Bloomberg View, 12/8/15]: The court’s actions -- refusing to
hear the gun challenge while considering affirmative action -- are case studies
of judicial timing that raise a broader question: How is the court influenced
by day-to-day headlines and current events? The answer turns out to be more
complicated, and more interesting, than you might think.
II.
Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th
edition of Constitutional Law] Here are recent articles that are
relevant to this unit:
An Opening for States to Restrict Guns [NY Times’
editorial, 12/9/15]: To
listen to the insistent harangues of many gun-rights advocates, one might
imagine that the Second Amendment prohibits almost any regulation of firearms.
Constitution
Check: Can guns used in mass shootings be banned?
[Constitution Daily, 12/8/15]: Lyle Denniston, the National Constitution Center’s
constitutional literacy adviser, analyzes the Supreme Court’s refusal to take a
case about banning assault weapons.
Mixed Record in
Sacramento on Gun Control Laws; New Calls For Further Limits [KQED, 12/9/15]: The Golden State is known for
having the strongest gun restrictions in the nation — but efforts in the state
Capitol to push those laws even further in recent years have ended with mixed
results.
III. The Political System: Voting and
Campaigns [See TOPICS 16-20 in the 5th edition of Constitutional
Law] Here are some recent articles that are relevant to this unit:
Supreme
Court Hears Arguments Testing 'One Person, One Vote' [Nina
Totenberg on NPY, 12/8/15]: The U.S. Supreme Court once again is weighing into a fraught elections
case — a case with enormous potential political repercussions. At issue is the
meaning of the "one person, one vote" principle.
Argument analysis: The choice -- be bold or
practical [SCOTUS blog / Slate,
12/8/15]: The Supreme Court does not shy away from being bold, at least
some of the time, but sometimes the temptation is overcome by real-world
practicality. That’s the way the Court seemed to be leaning on Tuesday
when it considered throwing out the basis for drawing election districts for
thousands of state and local legislative seats across the country, and starting
over with a new standard. The problem: no one had a solid idea of how to make
an alternative approach actually work.
Politics Are Dominating The Supreme
Court This Week [Huff
Post, 12/8/15]: That's Not Good; If a majority of the justices get their way,
the rules of the democratic process could get tougher than ever before.
Trump's Anti-Muslim Plan Is Awful. And
Constitutional. [NY Times,
12/9/15]: Would such a proposal be
constitutional? The answer is not what you might think — but it also raises the
issue of what, exactly, we mean when we say something is “constitutional” in
the first place.
The Republican Candidates Show Their Weakness as They
Try to Look Strong [Justia,
12/9/15]: Professor Buchanan argues that the
Republican presidential candidates fear doing anything risky or unpleasant,
such as criticizing the extreme views of Donald Trump or failing to enact
meaningful gun control reform.
Republicans condemn Trump but won't rule out backing him if
he becomes the nominee [Politico, 12/8/15]: Facing a hail of criticism from
Democrats and Republicans alike, Donald Trump on Tuesday reiterated his call
for a religious test barring Muslims from entering the United States as a way,
in his view, to prevent future terrorist attacks.
Ted Cruz Brings Climate Skeptics to the Hill [CNS, 12/8/15]: As world leaders
grapple with the threat of climate change in Paris, scientists skeptical of the
human impact on climate change made their case to senators at a hearing on
Capitol Hill Tuesday.
Legislation and the Legislative Process (TOPIC 20)
Congress poised to bury
No Child Left Behind [Oak Trib,
12/8/15]: After 13 years of Uncle Sam serving as the national superintendent of
public schools, the education pendulum is about to swing back, returning
control to states and local school districts.
IV. Criminal Law and Procedure (4th,
5th, 6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of Constitutional Law] Here are some recent
articles that are relevant to this unit
U.S. response to Mohamed Mohamud's
appeal sets up surveillance showdown
[Portland Oregonian, 12/8/15]: Government
lawyers have boldly defended a controversial surveillance law that allows U.S.
agents to track phone calls from suspected foreign terrorists to Americans who
communicate with them.
You can see the brief for
the U.S. in U.S. v. Mohamud here:
V. 1st
Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th
edition of Constitutional Law] Here are some recent articles that are relevant to
this unit:
Fear and loathing in America [Newseum Op-Ed by
Charlie Haynes, 12/8/15]: “Trump’s outrageous, un-American and unconstitutional
proposal is the latest escalation of his ongoing campaign to demonize Islam and
Muslims. He has already informed us that, if elected, he will consider closing
mosques and registering American Muslims.”
VI. 14th
Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional
Law]
Here are some recent articles that are
relevant to this unit:
Diversity Makes You Brighter [Op-Ed in NY Times / CNN / NPR,
12/9/15]: This is in anticipation of todays Fisher v. Univ. of Texas
oral arguments.
Promising Practices in School Integration [EdLawProfs blog, 12/8/15]: For those who
missed the National Coalition on School Diversity's recent conference,
"21st Century School Integration: Building the Movement for Diversity,
Equity, and Inclusion," the Poverty and Race Research Action Council has
published a set of articles and essays that further detail the major research
and practical experiences revealed at the conference.
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