Friday, March 18, 2016

Posts for March 18, 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 Beginner's Guide To The Inane Supreme Court Nomination Process [Jay Willis in the “Adequate Man” blog, 3/16/16]: With Judge Garland officially on the clock, here is your mostly legalese-free guide to how America makes a Court justice.

Constitution Check: What is the reason the Senate GOP won't act on Judge Garland? [Constitution Daily, 3/17/16]: Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, explains how the future of the court is very much on the line right now in the Merrick Garland nomination battle.

Ideological Imbalance [Slate, 3/17/16]: Why Democrats usually pick moderate-liberal justices and Republicans usually pick conservative ones. This article should be required reading in the ongoing discussion of Supreme Court appointees.

Obama Picked a Stellar Judge. He Could Have Done Better [Noah Feldman in Bloomberg View, 3/17/16]: The Supreme Court was one of the first institutions in American life where it was widely agreed that diversity counted – and that included diversity of background, experience, and viewpoint. Nearly a century ago, people were already speaking of the court as having a Western seat, a Catholic seat, a Jewish seat, and a scholar’s seat – evidence for the time of a fairly broad spectrum of desirable representation.

Merrick Garland Would Shift the Court Decisively Leftward [Eric Posner in Slate / Robert Barnes in the Washington Post, 3/17/16]: It's why Republicans are vowing to block him.

High-Court Nominee Merrick Garland Staked Out Differences With Liberal, Conservative Judges When Needed [wSJ, 3/17/16]: Judge parted with liberals on some criminal matters and conservatives on regulatory power, court access.

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:

ACA Accommodation: Slight Burden or Evil Means? [Bloomberg View, 3/16/16]: The Obama administration's work-around for religious nonprofits from the Affordable Care Act's so-called contraception mandate is either a slight burden on the groups' religious beliefs or a method to facilitate evil, depending on whom you ask.

The American Presidency [TOPIC 15]

Obama is increasingly involved in the 2016 presidential campaign [Wash Post, 3/17/16]: As Donald Trump and Hillary Clinton begin to tighten their grips on their respective party nominations, President Obama is plunging into the campaign fray, not only to help Democrats retain the White House but in defense of his own legacy in a political climate dominated by Trump.

Obama: Refusal To Consider Nominee Damages Public's Faith In Judiciary [NPR with Nina Totenberg, 3/18/16]: Just after President Obama and I concluded our interview — and after the microphones and cameras clicked off — he added a thought.

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:

Trump likely needs California triumph to win nomination [SJ Merc, 3/17/16]: The party that hasn't elected anyone to statewide office in a decade just might get the last word on whether Donald Trump should be the GOP's presidential nominee -- not to mention a front-row seat to a huge political spectacle that will likely trigger massive protests.

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:

Beyond left vs. right, Madison’s vision of religious freedom [Charlie Haynes at the Newseum, 3/15/16]: Madison, whose birthday the nation largely ignores every year on March 16, would be appalled to see the true meaning of religious freedom, the great cause of his life, lost in the din of charge and counter-charge in our increasingly ugly political arena.

Federal district court rules that California district’s policy of opening board meetings with an official prayer violates the First Amendment’s Establishment Clause [NSBA Legal Clips, 3/11/16]: The Court It rejected the school board’s argument that based on the U.S. Supreme Court decision in Town of Greece, N.Y. v. Galloway (2014), school boards fall within the legislative exception enunciated in Marsh v. Chambers (1983), which allows legislative bodies, including school boards, to open their sessions with a prayer.
Instead, the court applied the three-part test spelled out in the Supreme Court’s decision in Lemon v. Kurtzman (1971). It concluded that the policy lacked a secular purpose and conveyed a message of endorsement of Christianity.
The decision in Freedom From Religion Foundation v. Chino Valley Unified Sch. Dist. Bd. of Educ. can be found at:

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:


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