Posts for February
19, 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:
A “view” from the
Courtroom: “I’m Scalia” and other quips [SCOTUS blog, 2/18/16]: Justice Scalia was known for his sharp-elbowed
writing, which is preserved for posterity in his opinions. But his many
memorable quips from the bench, usually during oral argument, are also an
important part of his legacy. Play these for your students as they prepare their
own oral arguments.
Advertising war over Scalia successor begins [USA Today, 2/18/16]: It's on. The conservative Judicial
Crisis Network announced Thursday that it is spending at least $1 million
on a radio, TV and digital advertising campaign that urges the Senate to block
anyone President Obama nominates to replace Justice Scalia, whose death
last week has roiled the political world.
Constitution Little Help to Obama Bid for Vote on
Scalia Vacancy [Bloomberg, 2/18/16]: President Barack Obama suggested that even the late
Justice Scalia would have thought the U.S. Senate was duty-bound to consider
whether to confirm his successor on the Supreme Court. The problem for Obama:
The Constitution doesn’t say that, at least not explicitly.
Scalia’s Seat Could
Become Much More Liberal [“The Upshot” in
the NY Times, 2/18/16]: Any nominee more liberal than Justice Anthony Kennedy
would make the justice at the center of the court more liberal than in nearly
50 years. Share the interesting graphic here with your students!
Sandra Day O'Connor: Obama should name Scalia's replacement
[CNN, 2/18/16]: O'Connor, a nominee of President Ronald Reagan who
became the court's swing vote until she retired from the bench in 2006, broke
with Republicans who say they plan to block Obama's nominee, and want his
successor to name the next justice.
Democrats shouldn't rob voters of chance to replace
Scalia [Wash Post essay by Mitch
McConnell and Bob Grassley, 2/18/16]: It may be a consequential
challenge, but we think it’s one the American people are more than equipped to
tackle.
Some want to limit
justices to 18 years on Supreme Court [AP, 2/18/16]: Scalia
had been on the court for nearly 30 years, longer than any of the current
justices and all but 14 of the 112 men and women who have served on the court.
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:
Reflecting on
“originalism”: Scalia: the Most Influential Justice Without Influence
in Supreme Court History [David Cole
in The Nation, 2/18/16]: He was on the losing side during much of his tenure,
and his theory of originalism never attracted majority support.
Why originalism will fade [Eric Poser,
2/18/16]: Supreme Court litigants must now decide whether to fill
precious space in their briefs with originalist arguments. Maybe they will do
so, to get Thomas’ vote. But Thomas’ originalism is, by all accounts,
idiosyncratic and unpredictable. And the other justices are unlikely to make
originalist arguments in their opinions to attract a vote from Thomas, who
increasingly goes his own way.
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:
Scalia's absence could shape election rules [Politico, 2/18/16]: In redistricting cases and voter
ID challenges, a divided Supreme Court could let liberal rulings by lower
courts stand.
Clinton Or Sanders? California Legislative Women's Caucus
Split [CPR, 2/18/16]: When members of the California Legislative
Women’s Caucus announced their policy goals for the coming year at the state
Capitol last week, they spoke of equal pay, child care and family leave –
issues that Hillary Clinton and Bernie Sanders are campaigning on day after
day. Then, a reporter asked the room full of Democratic state lawmakers who
they support for president. And it got awkward.
Trump goes to war with the pope [Politico,
2/18/16]: The pontiff suggests that Trump is not a Christian. Trump responds
that the Vatican is Islamic State's 'ultimate trophy.'
Legislation and the Legislative Process (TOPIC 20)
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
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:
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:
Minn. Elementary
school bans Valentine’s Day celebrations [NSBA Legal Clips, 2/17/16]: The principal of Bruce Vento Elementary School (BVES)
in St. Paul, Minnesota has imposed a ban on Valentine’s Day celebrations.
BVES is predominantly a minority and immigrant school.
Apple vs. the federal government is not a partisan issue [SF
Chron / Newseum, 2/18/16]: National security hawks such as Sen. Dianne
Feinstein of California, a Democrat, want stronger government tools to combat
terrorism, while liberal Democrats and libertarian-minded Republicans,
including some in the Tea Party wing, support stronger privacy protections on
constitutional grounds.
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