Posts for February
10, 2016
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:
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:
Constitution Check: Should
gun control laws have to pass the toughest constitutional test? [Constitution Daily,
2/9/16]: Lyle Denniston, the National
Constitution Center’s constitutional literacy adviser, looks at a federal
appeals court decision that requires the strictest constitutional test for a
law that restricts assault weapons ownership.
Supreme Court blocks Obama's climate change plan [USA Today / SCOTUS blog /
ThinkProgress / Jurist, 2/9/16]: The Supreme Court dealt a blow to
President Obama's signature climate change initiative Tuesday by halting the
administration's effort to reduce pollution from coal-fired power plants
while a legal battle rages on. The move by the court's five conservative
members was a shock to environmentalists, who had hoped the justices would deny
-- as a federal appeals court did last month -- a petition filed by
29 mostly Republican-led states and industry leaders.
What Would Founders Say
About Assault Weapons? [Bloomberg View, 2/9/16]: The U.S.
Court of Appeals for the 4th Circuit has struck down Maryland’s law regulating
assault weapons, creating a split with the 2nd Circuit, which upheld similar
laws in New York and Connecticut. That split could, and probably should, lead
the U.S. Supreme Court to take up and decide the issue. It’s time therefore to
ask: How should the justices treat the question? In particular, what does the
right to bear arms, created to preserve a “well-regulated militia,” say about
assault weapons today?
The American Presidency [TOPIC 15]
How Much Care Do Presidents Have to Take? [The Atlantic, 2/9/16]: In United States v.
Texas, the Supreme Court has put forth a question on the definition of the
take-care clause, which in the past been difficult to decipher.
Ted Cruz Is Not Eligible to Be President [Slate, 2/8/16]: At least according to the most
plausible constitutional interpretation, according to essayist Eric Posner.
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:
What War is Good For [Justia, 2/10/16]: Professor Dorf reviews Sidney
Tarrow’s new book, War, States, and Contention. Dorf considers how Tarrow’s
view of the role of contentious politics applies in the current political
campaign and examines the relation between national security and domestic
social movements.
New Tool for Tracking
California Political Contributions [PowerSearch, 2/9/16]: Keep abreast of
spending in California elections.
And keep tabs thanks to the Center for Responsive Politics as well at their site:
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
Rarely Seen Images of the
Real San Quentin
[The Marshall Project, 2/10/16]: Thousands of photos, unearthed after decades,
from an archive of daily life at the prision.
The Most Promising
Return [Justia, 2/9/16]: Professor Margulies
reflects on the devastating toll solitary confinement can take on those who are
already part of a vulnerable demographic, as witnessed during his time as a
criminal defense and human rights attorney. The story Margulies describes
offers compelling support for criminal justice reform as it currently exists in
the United States.
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:
9th Circ. Wrestles
Over Calif. Handgun Ad Ban [CNS, 2/9/16]: Whether
California may continue banning advertisements depicting handguns ultimately
comes down to free speech versus public safety, attorneys told a Ninth Circuit
panel on Tuesday.
James Madison Would've
Backed Phoenix's Satanists [Bloomberg View, 2/9/16]: The
Phoenix City Council has voted to
no longer to begin its meetings with a public prayer. Sounds like a victory for
the separation of church and state, right? Maybe even the influence of Justice
Elena Kagan’s dissent in the Town
of Greece case, in which the court’s majority allowed such prayers to
continue?
Court: No First Amendment Right to View Porn in Public [David L. Hudson of the Newseum, 2/8/16]: A public library patron does not have a First
Amendment right to view pornography, a Wisconsin appeals court ruled recently.
Instead, the court said such action, at a library on the campus of the
University of Wisconsin-Eau Claire, was disorderly conduct.
Middle School Boy
Told to Take Off "Elsa" Dress on Spirit Day, Raising Free Speech and
Sex Discrimination Issues
[EdLawProfs blog, 2/9/16]: According to a local news outlet, Ethan
Chase Middle School in Menifee in South California held a spirit day last week
and students were encouraged to wear Disney costumes. One
boy, Austin Lacey, dressed up as Elsa from the movie "Frozen."
Apparently, he was a big hit with his friends and several asked to have
their picture taken with him. The school principal, however, told him to
take the costume off.
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:
Transgender issue roils high school [SD
Union-Trib, 2/9/16]: A transgender
student who changes in a boys’ locker room at Rancho Bernardo High School has
triggered a dispute over a two-year-old state law that seeks to accommodate
such students.
http://www.sandiegouniontribune.com/news/2016/feb/09/transgender-restrooms-locker-rooms-high-school/
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