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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