Wednesday, October 19, 2016

Posts for October 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:

The Case for Shrinking the Supreme Court [Nat. Rev., 10/19/16]: Congress should strike a blow against judicial activism and for political comity by reducing the size of the Court.

Constitution Check: Could the Supreme Court handle a long-term vacancy? [Constitution Daily, 10/19/16]: Lyle Denniston, Constitution Daily’s Supreme Court correspondent, looks at how the Supreme Court may be confronted with a more challenging situation if its current vacancy continues through the term that runs through late next June.

Ruth Bader Ginsburg Versus Colin Kaepernick [Justia, 10/19/16]: Dorf discusses Justice Ruth Bader Ginsburg’s recent public criticism (which she has since retracted) of San Francisco 49ers quarterback Colin Kaepernick for his protesting against police brutality and racial oppression by kneeling during the playing of the national anthem. Dorf distinguishes criticism ex cathedra from criticism given while off the bench and concludes that while Justice Ginsburg was within her right to speak her mind, she was also correct to subsequently take back her comments.

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:

State Judge: Congress trusts the public to handle assault rifles [Constitution Daily, 10/18/16]: Lyle Denniston, Constitution Daily’s Court correspondent, examines a court decision in Connecticut related to the liability of a gun maker for the Sandy Hook shootings.

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:

Final Western Showdown for Trump, Clinton [CNS, 10/19/16]: The final presidential debate in Las Vegas Wednesday night may long be remembered as the coda to what has been one of the most bizarre presidential elections among two of the least popular candidates ever nominated.

The Supreme Court Questions Trump and Clinton Haven't Answered Yet [Bloomberg, 10/18/16]: The high court is one of six topics for the final presidential debate, where nominees may be asked about gun rights and gay marriage.

RNC members agree with Trump: It's rigged [Politico, 10/18/16]: “Should Hillary get ‘elected’ she is immediately delegitimized,” said California RNC Committeeman Shawn Steel in an email. “The 1% of Wall Street Bankers, Clinton Machine and [mainstream media] including your employer, Politico, is part of a massive Left Wing Conspiracy to rig this election.” 

Clinton plots mop-up of Trump’s global mess [Politico, 10/18/16]: The former secretary of state’s campaign is already crafting a plan to soothe foreign allies rattled by Trump’s candidacy.

Election Update: Clinton’s Big Lead Means A Steadier Forecast [538, 10/17/16]: Clinton’s chances are up a bit — she’s hit 88 percent in our polls-only forecast, up slightly from 86 percent on Friday and 83 percent a week ago. In the polls-plus forecast, her chances are 85 percent, up from 80 percent a week earlier.
http://fivethirtyeight.com/features/election-update-clintons-big-lead-means-a-steadier-forecast/?ex_cid=538fb

Voter Fraud is Very Rare in American Elections [538, 10/17/16]: The 538 Elections podcast looks at how common voter fraud is in the United States and talks about the implications of Trump’s claims. The team also assesses what, if any, damage might come from WikiLeaks’ releases of Hillary Clinton campaign emails.

Clinton-Trump Probably Won’t Be The Next ‘Dewey Defeats Truman’ [538, 10/18/16]: We’re getting to that point in the presidential campaign — with one candidate leading by a lot — when the losing candidate’s supporters start to bring up the 1948 election — the one with the famous “Dewey Defeats Truman” headline when the polls were supposedly way off.

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

ACLU: DOJ must investigate police use of facial recognition technology [Jurist, 10/18/16]: The American Civil Liberties Union (ACLU), along with the Leadership Conference on Civil and Human Rights and 50 other interest groups, sent aletter on Tuesday urging the US Department of Justice to investigate the increasing use of facial recognition technology. 

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:

Ten States Buttress High School Students’ Press Rights — Extend Protection Beyond Hazelwood Ruling [Concurring Opinions, 10/19/16]: Many who follow free speech law probably think a student journalist’s rights begin and end with the Court’s ruling in Hazelwood v. Kuhlmeier (1988). Here’s an update.

Threats of Murder, Injury Are not “Politics”--Nor Patriotism [Newseum, 10/18/16]: Patriotism does not involve threatening others with injury or death, no matter how dire you believe the results of voting on Nov. 8 will be for you or your fellow citizens. 

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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