Posts for March 11,
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.
Proposed
history-social science tests raise concerns about testing burden [EdSource,
3/9/16]: California State Superintendent of Public Instruction Tom
Torlakson is recommending that California develop new annual standardized
history-social science tests, but several State Board of Education members
raised questions about the need for the test at their meeting in Sacramento
Wednesday, saying it could run counter to California’s efforts to lighten the
testing load on both students and their teachers.
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:
Calif. Supreme Court to
begin live streaming its oral arguments [“At the Lectern” blog / AP, 3/8/16]: In her just concluded State of the Judiciary speech,
Chief Justice Tani Cantil-Sakauye mentioned that the Supreme Court will begin
live streaming its oral arguments. There were many other more important
things in the speech, but, for appellate practitioners, this is a big deal.
Liberal groups drop criticism of potential
Obama Supreme Court nominee [MSNBC, 3/9/16]: When President Barack Obama nominated Sri Srinivasan
to the D.C. Circuit in 2013, his name was already being floated for a future
Supreme Court vacancy, a prospect that made some progressive groups uneasy.
Failed judicial nominees: It's 'no fun [Greenwire, 3/10/16]:
When former Interior Department lawyer William Myers was picked by President
George W. Bush for a federal appeals court seat, government investigators
grilled his family and friends about his personal habits and finances. He was
sharply criticized by hostile Senate Democrats during two grueling confirmation
hearings. His nomination languished for more than three years. He never got the
job.
Constitution Check: In the Supreme Court vacancy
fight, which election counts most? Constitution Check: In the Supreme Court
vacancy fight, which election counts most? [Constitution Daily,
3/10/16]: Lyle Denniston looks at the debate
over the next Supreme Court nominee and how the upcoming November presidential
and congressional elections may have different impacts on that process.
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:
Federal Judge: No Marriage Equality In Puerto Rico [BuzzFeed / Bloomberg View, 3/8/16]: As an
'unincorporated territory,' the judge ruled, the Supreme Court's ruling on
marriage bans doesn't automatically apply to Puerto Rico.
The U.S. Supreme Court Refuses to Adopt an Alabama
Ruling [The Atlantic, 3/8/16]: In a
unanimous decision, the justices struck down a state-level ruling on a same-sex
adoption case.
The American Presidency [TOPIC 15]
Obama narrowing list of
possible Supreme Court candidates [AP / NPR / Cedar Rapids (Iowa) Gazette, 3/10/16]: Despite calls to select a Supreme Court nominee from
outside the judicial monastery, President Barack Obama doesn't appear to be
ready to leave the faith.
Justice Elizabeth Warren?
The Supreme Court pick that would be the drama of all dramas. [CNN, 3/9/16]: The process of picking a Supreme Court justice is notoriously secretive. Late-night
meetings, myths of White House "shortlists" and trial balloons of
potential nominees coming from who-knows-where.
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:
A Specific Proposal
That Helps Give Us a Sense of What Getting Rid of Citizens
United Might Entail [Justia, 3/11/16]: Amar examines California’s Proposition 49—which seeks
the voters’ approval for the California legislature to ratify an amendment to
the federal Constitution to overturn the U.S. Supreme Court’s 2010 decision inCitizens United v. FEC—in
order to shine light on what might be required to overturn the decision on a
federal level. Amar argues that Proposition 49 highlights just how difficult it
would be to craft a workable constitutional amendment to overturn Citizens United.
Why Donald Trump is
Winning and Why His Nomination Could Shatter the Party [Sabato’s Crystal
Ball, 3/10/16]: There has never been a
frontrunner for a
major party nomination like
Donald Trump. Since announcing his candidacy, Trump has seemingly broken every
rule of political campaigning — at times disparaging women, racial minorities,
people with disabilities, and leaders of his own party — yet he has led the
national polls for nine straight months, won 15 of the first 24 caucuses and
primaries holding a presidential preference vote, and accumulated far more
delegates than any other candidate.
Are the Republicans
Going the Way of the Whigs? [Sabato’s Crystal Ball, 3/10/16]: Pundits like Lou Cannon and David Broder suggested that
the party hovered near its death-bed. And on several occasions that spring,
Maryland’s moderate Republican Sen. Charles Mathias warned that unless his
party mended its ways, it would “go the way of the Whigs.”
Sanders' Michigan win could serve as California template [CC
Times, 3/9/16]: Bernie Sanders' stunning upset in the Michigan primary
reverberated across the Golden State on Wednesday as his volunteer army marched
back into action and Democratic leaders braced for a bruising, costly
California nominating contest that could further weaken Hillary Clinton heading
into November.
Will Trump and Hillary Duke it Out? [Fox &
Hounds, 3/9/16]: “Vote the Crook—it’s important” read a bumper sticker in the
1991 Louisiana Governor’s race that pitted David Duke, a former Grand Wizard of
the Ku Klux Klan, against Edwin Edwards, a former Louisiana governor who had
been charged with bribery and was later convicted of 17 counts relating to
extortion and racketeering.
Legislation and the Legislative Process (TOPIC 20)
Does raising the smoking age to 21 keep more teens away
from cigarettes? [KPCC, 3/11/16]: The strongest evidence suggesting
this approach can succeed comes from the Institute of Medicine. It predicts a
12 percent drop among teens.
Senate Dems push for more
judges amid SCOTUS fight [Politico, 3/9/16]: Senate
Democrats on Wednesday ratcheted up their fight with Republicans over judicial
nominations, pushing for swift confirmations of two lower court judges even as
the outlook for a future Supreme Court nominee remained bleak.
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
Teacher resigns from
position at South Carolina high school after student accesses her cell phone
and sends out text messages with nude photo of teacher [NSBA Legal Clips, 3/8/16]: Leigh Anne Arthur, a teacher at Union County High
School (UCHS), has resigned after a student spread a nude picture of her
through text messages and social media. The school superintendent said a
student got hold of Arthur’s phone and took a picture of a nude picture that
was on her phone. He said the student then sent the picture out through
text messaging and social media. Read the full article to see the criminal
implications.
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:
First Five: The First Amendment’s future, Facebook’s insatiable
appetite, China versus Western media, the Turkish government takes over news
agency [Newseum, 3/11/16]: The Newseum’s 1st Amendment
update.
High school sophomore
spearheads campaign for student press freedom legislation in Rhode Island
[SPLC, 3/7/16]: With the help of high school
sophomore Yanine Castedo, Rhode Island state representatives have introduced
the Student Journalists’ Freedom of Expression Act, which would protect student
journalists’ right to free speech and of the press, regardless of whether the
publication is paid for by the school or produced as part of a class.
ACLU threatens lawsuit
against California district accusing school officials of allowing religious
endorsement in the classroom [NSBA Legal Clips, 3/9/16]: The American Civil Liberties
Union of Southern California (ACLU-SoCal) has sent a letter to Azusa
Unified School District regarding a high school science teacher’s “regular
endorsement of religion” in the classroom. ACLU-SoCal claims the teacher,
Michael Martinez, displays a large picture of Jesus Christ in the front of
the room, has Bible verses on the walls and regularly voices his doubts about
evolutionary theory during class.
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:
California district
asks students to remove anti-gay symbols from ID badges until superintendent
completes investigation [NSBA Legal Clips, 3/8/16]: Desert Sands Unified School
District (DSUSD) Superintendent Gary Rutherford has asked students
at Shadow Hills High School (SHHS), who affixed an anti-gay symbol to
their ID badges, to remove the symbol, says The Desert Sun, pending
further investigation by the school district. In a letter to SHHS staff, Rutherford said
“recently some information has been brought forward that requires additional
investigation and follow-up to determine a proper course of action.” the letter
continued, “Pending further investigation, we are going to ask students who are
displaying the symbol showing a rainbow pattern with a circle and a line, at
least for now, to remove symbols while at school.”
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