Friday, May 6, 2016

Posts for May 6, 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:

Civics Renewal Network: The First Congress [CRN, 5/5/16]: The Impact of Congress looks at the work of the First Congress, 1789-91, and its impact on the country over the years.

How goes the kids’ constitutional crusade against climate change? [Constitution Daily, 5/5/16]: Lyle Denniston, the National Constitution Center’s constitutional literacy adviser, looks at the public trust doctrine, an age-old concept about environmental protection, and some recent legal challenges related to it.

Cheerleaders' Uniforms as Art? Let's Ask the Supreme Court [Bloomberg View / SCOTUS blog, 5/5/16]: The Supreme Court has announced that it will decide a fascinating copyright case about cheerleaders’ uniforms. It's a big deal because the case isn’t just about cheerleaders -- it could determine whether many kinds of fashion designs can be copyrighted. The case, Star Athletica v. Varsity Brands, will be argued in the fall.

Behind the Merrick Garland Blockade [Brennan Center for Justice, 5/5/16]: How much is a business-friendly Supreme Court worth? As much as $835 million for at least one company. That’s the amount Dow Chemical agreed to pay in a class action settlement rather than continue an appeal to a Supreme Court in ideological flux after Justice Antonin Scalia’s death.

Bribery Tangles With Politics at the Supreme Court [Bloomberg View, 5/6/16]: Spend a million of your Super PAC dollars to elect a governor, and you can expect him to take your calls and set up meetings with state officials. Courtesy of the Supreme Court and its 2010 Citizens United decision, it’s all protected by the First Amendment. But give the same governor a Rolex before asking for the meetings – and both of you might be convicted of bribery.

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 American Presidency [TOPIC 15]

Senate Republicans Are Breaking Records for Judicial Obstruction [Mother Jones, 5/5/16]: As President Obama enters his final months in office, dozens of seats on the bench will remain unfilled.

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:

Win the White House Game [iCivics, 5/5/16]: Welcome to Win the White House: Run your own presidential campaign as you learn the electoral process through engaging game play. Win the White House helps you bring the election season into your classroom in a fun, nonpartisan, and meaningful way!

The Constitution Won't Stop President Trump [Bloomberg View, 5/5/16]: My 10-year old put it best: “First you said Trump wouldn’t win any primaries. Then you said he wouldn’t win the nomination. So why exactly are you so sure he won’t become president?” Given this reasonable question, it’s time to start asking: Is the Constitution in danger from a Donald Trump presidency? How far can he push the envelope of our constitutional structure and traditions?

Donald Trump's Ever-Shifting Supreme Court Goalpost [thinkProgress, 5/6/16]: In an apparent effort to placate conservatives back before he locked down the Republican Party’s presidential nomination, Donald Trump said he would release a list of 5-10 potential Supreme Court within the next week. That was 51 days ago.

How The Absence Of Cruz And Kasich Could Affect Other California Races CPR, 5/4/16]: The departure of Texas Senator Ted Cruz, Ohio Governor John Kasich and a competitive Republican primary in California could depress what was expected to be a surge in voter turnout. That could be a problem for Republicans in other state races, but an expert in voter turnout says it likely won't be.

House Speaker Paul Ryan refuses to back Donald Trump [AP, 5/5/16]: House Speaker Paul Ryan is refusing to support Donald Trump as the Republican nominee for president, insisting Thursday that the businessman must do more to unify the GOP. 

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

Amish beard-cutting convictions upheld by federal appeals court [Cleveland Plain Dealer / Reuters, 5/4/16]: A federal appeals court on Wednesday upheld the criminal convictions against more than a dozen members of an Amish community who orchestrated a series of beard-cutting attacks against its enemies.

How ‘The Good Wife’ Got the Law Right [The Marshall Project, 5/6/16]: ‘Don’t take the easy way out, don’t take shortcuts.’

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:

FIRE Launches Free-Speech Podcast [Concurring Opinions, 5/6/16]: Here’s how the folks at the Foundation for Individual Rights in Education (FIRE) are billing their latest free-speech undertaking: So to Speak: The Free Speech Podcast takes an uncensored look at the world of free expression through personal stories and candid conversations.

Louisiana reverses policy and allows native american students to display eagle feather in graduation cap [NSBA Legal Clips, 5/3/16]: The school board has vowed to work with Coushatta tribal leaders and school administrators to allow Native American students to recognize their heritage during graduation.

Federal Judge: Man OK to Distribute Literature at Park [Newseum, 5/5/16]: Judge ruled that the festival site was a traditional public forum, a type of public property most open to First Amendment expression.
The case is McMahon v. City of Panama City Beach and 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:

Federal government warns North Carolina that its restrictive public restroom law violates federal civil rights laws [NSBA Legal Clips / CNS, 5/5/16]: The U.S. Department of Justice (DOJ) has warned North Carolina Gov. Pat McCrory that his state runs the risk of losing hundreds of millions of dollars in federal funding unless North Carolina repeals its law requiring transgender people to use bathrooms that correspond to the gender on their birth certificates. DOJ officials assert that the law violates federal civil rights laws.
And here is the situation in Florida ]NSBA Legal Clip, 5/4/16]:
And in Virginia [NSBA Legal Clips, 5/4/16]:
And, now, Illinois [CNS, 5/5/16]:

High school student’s suit alleges Idaho district barred her from running for class president based on gender and religious affiliation [NSBA Legal Clips, 4/29/16]: Sierra Norman, who attended Declo High School (DHS), has filed suit against Cassia County Joint School District No. 151 alleging she was barred from running for 2014-15 senior class president because she is female and not a member of the Mormon church.

Anti-Trans Discrimination Is Sex Discrimination [The Atlantic, 5/6/16]: A decision written by Supreme Court Justice Antonin Scalia helps explain why North Carolina's H.B.2 bathroom bill is illegal.

Obama Administration's Outrageous War on North Carolina [Nat. Review, 5/5/16]: This is the final in Ed Whelan’s six-part series.


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