Wednesday, February 17, 2016

Posts for February 17, 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:

Scalia Was Almost Never The Most Conservative Justice On The Supreme Court [538, 2/17/16]: A careful analysis of his tenure shows that Scalia was almost never the most conservative justice on the court, and in fact moved leftward during the second half of his 30 years on the bench. 

How Supreme Court Justices Are Chosen [The Onion, 2/17/16]: Check out this infographic.

Before Supreme Court nod, an intrusive interrogation [AP, 2/17/16]: Did you ever buy porn, sniff glue, have sex in junior high? Exactly how many times?

Bring back Justice O'Connor [Baltimore Sun, 2/17/16]: To minimize the chances of a Senate filibuster, Obama should nominate Sandra Day O'Connor to SCOTUS.

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:

The Second Amendment Without Scalia [Reason, 2/17/16]: What will happen to gun rights if a Democrat picks his replacement?

The American Presidency [TOPIC 15]

Has the President Gone Too Far on Immigration? [Nat. Constitution Center, 2/17/16]: After the House declined to pass a Senate immigration bill, President Obama used his executive authority to defer the deportation of millions of immigrants living in the U.S. illegally. Is the President’s policy unconstitutional? Join us for this debate featuring celebrated constitutional scholars Josh Blackman.

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:

Legislation and the Legislative Process (TOPIC 20)


GOP keeps door ajar on SCOTUS consideration [Politico, 2/16/16]: Mitch McConnell’s message to the White House after Antonin Scalia’s death on Saturday seemed unequivocal: Don’t even bother sending a Supreme Court nominee to Congress, we won’t act on it.

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


The Second Circuit Honors the Threshold of the Home in a 4th Amendment Opinion [Justia, 2/17/16]: Professor Colb discusses a decision by the U.S. Court of Appeals for the Second Circuit holding that when police are outside the threshold of a home arresting a suspect who is inside the threshold, it is a “home arrest” requiring a warrant. 

Policing after Scalia [The Marshall Project, 2/17/16]: He thought the Fourth Amendment protected property, not people.

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:

The Roberts Court’s 5-4 First Amendment Rulings — Will They Survive? [Concurring Opinions, 2/17/16]: In light of the Justice’s passing, renewed attention is certain to focus on those First Amendment rulings in which the Roberts Court was divided by a 5-4 margin and in which Justice Scalia cast the deciding vote. Below is a list of the Court’s 5-4 rulings in which Justice Scalia was in the majority.

A Continuing Trend: Using the First to Interpret the Second [Newseum, 2/17/16]: Courts have reasoned that just as the First Amendment doesn’t protect all forms of speech, the Second Amendment doesn’t give one an unqualified right to possess any kind of weapon.

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:


International Law, Citizenship and Immigration [TOPIC 40-42]



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