Posts for October 4, 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:
OT2016 #1: 'The
Satisfaction of Giving a Gift [“First Mondays,” 10/3/16]: In this inaugural episode of First Mondays, Ian
Samuel and Dan Epps raise the curtain on October Term 2016 at the Supreme
Court.
Supreme Court refuses to
rehear immigration case [Jurist / USA Today, 10/3/16]: The Supreme Court refused Monday to reconsider President
Obama's proposed overhaul of the
nation's immigration system following a tie vote in June that blocked its
implementation.
Constitution Check: Why
does the Supreme Court refuse to hear some big cases? [Constitution Daily,
10/4/16]: Lyle Denniston, the National
Constitution Center’s Supreme Court correspondent, looks at Monday’s denial of
a rehearing in the Obama administration’s immigration case and why it could
stand out in the court’s history.
2016 Term Preview [Slate’s “Amicus” podcacst, 10/3/16]: Reflections on the thin gruel of
a docket crafted in large part to avoid 4-4 ties; Plus, a conversation with the
latest judge to be personally insulted by Donald Trump.
Still Down A Justice,
Supreme Court Term Is Off To A Restrained Start [NPR / Reuters / C-SPAN,
10/4/16]: Technically, the court term
began on the traditional first Monday in October, but because it fell on the
same day as the Jewish New Year, the court's three Jewish justices were absent
and the remaining justices conducted only administrative business.
Court won't rehear
immigration case, Redskins case denied [Constitution Daily, 10/3/16]: Without comment, the Supreme Court on Monday turned
down the Obama administration’s request for a new hearing on the legality of
the President’s ambitious immigration policy. That sets the stage for the
case to move forward to a trial in a Texas federal courtroom. It likely
will mean that there will be no final decision before President Obama has left
office next January. Meanwhile, the policy remains on hold under lower
court orders.
Supreme Court, like the
country, struggles with race [CNN, 10/4/16]: Race has divided the Roberts
court like nearly no other issue. The justices have wrangled over how openly to
talk about their differences. And now, as a new session begins, the court is
delving into a set of racially charged cases in the explosive context of the
criminal justice system.
Justice Breyer talks
trust, rule of law [Yale Daily News, 10/3/16]: Supreme
Court Justice Stephen Breyer brandished a copy of the U.S. Constitution,
paraphrased Alexander Hamilton’s Federalist Paper No. 78 and affirmed the role
of the judiciary in front of his 130-strong audience at Yale Law School Friday
morning.
Merrick Garland's Lonely Road to Purgatory [Daily Beast, 10/2/16]: The outrage over the
obstruction of the Supreme Court nominee has cooled, leaving him to wander
largely unnoticed in the Capitol in hopes that a lame-duck session will bring
him deliverance.
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:
Oklahoma Supreme Court
invalidates law restricting abortion [AP, 10/4/16]: In a
unanimous opinion handed down Tuesday, all nine justices agreed that the
statute adopted by the Legislature last year "contains different and
unrelated purposes" in violation of the Oklahoma constitution's
requirement that legislation cover a single subject.
The
American Presidency [TOPIC 15]
Barack Obama on 5 Days That Shaped His Presidency [NY
Mag, 10/2/16]: The president shares with Jonathan Chait a very early draft of
his memoirs.
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:
Op-Doc: Supreme Court v. the American Voter [NY Times, 10/3/16]: This year's election will be the
first in over 50 years without the full protection of the Voting Rights Act.
View this interesting 10 minute video.
Trump Foundation ordered to cease fundraising in New York [Politico,
10/3/16]: New York Attorney General Eric Schneiderman's office says the charity
is not registered to solicit contributions.
Clinton Builds On
Leads in Virginia, New Mexico [CNS, 10/3/16]: According to
the latest Albuquerque Journal poll, released Sunday, Clinton enjoys a 10-point lead
against Trump in a head-to-head matchup, and a holds a 4-point lead when
Libertarian Gary Johnson and the Green Party's Jill Stein are factored into the
race.
Time To Cram: California's 17 Ballot Measure Propositions
Explained [CPR / KPCC, 10/3/16]:
There's a lot on the ballot, not least of all the 17 statewide ballot
measures certified by the California Secretary of State’s Office. You'll be
voting on a range of issues, including legalizing marijuana, the death penalty,
prescription drug costs, taxes and much more. This is a very valuable piece for
California students to read.
AP Fact Check: Trump distorts '90s economic downturn [AP,
10/3/16]: Donald Trump compared the 1990s to the Great Depression, split hairs
on his history with bankruptcy and equated his efforts to pay as little as
possible in personal income tax to a legal duty. These deviations from the
truth came Monday during a rally speech in Pueblo, Colorado, as Trump responded
to a weekend report in The New York Times that revealed the GOP presidential
nominee posted a loss of more than $916 million on his 1995 state tax
returns.
After Fiery
Clinton-Trump Debate, Would-Be VPs Gear Up in Virginia [CNS, 10/4/16]: The undercard in this year's
presidential brawl takes the stage tonight in what The New York Times called
the "least anticipated vice-presidential debate in history." Be that
as it may, there's a lot at stake: the country.
Legislation and the Legislative
Process (TOPIC 20)
California Politics Podcast: Legislative Hangover [KQED
/ Capitol Weekly, 10/4/16]: Gov. Jerry Brown wraps up work on the bills sent to
his desk by legislators as we put the wraps on the two-year session of the
California Legislature. We examine some of the final big bill decisions, as
well as some of the takeaways about the balance of power in Sacramento. These
are two different podcasts.
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
Supreme Court Begins Term
With Crime and Punishment [Bloomberg, 10/3/16]: And perhaps
it’s appropriate that on the day when, according to tradition, God sits in
judgment of his flock, the court will consider one case about crime and one
about punishment. The first is about whether it’s federal bank fraud to rip off
a customer rather than the bank itself. And the other, more subtle case is
about whether double jeopardy allows charges to be retried when the original
jury acquittal was logically irrational.
When the Cops Take
Your Urine by Force [The Marshall Project, 10/4/16]: Police want a sample. They can do it the easy way,
or they can do it the hard way. In the
United States there is a wealth of case law pertaining to the Fourth Amendment,
with the U.S. Supreme Court and the rest of the judiciary fashioning
jurisprudence on what constitutes an unreasonable search or seizure. But the
courts have yet to reach any kind of consensus about one particularly
cringe-worthy practice.
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:
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:
International Law, Citizenship and
Immigration [TOPIC 40-42]
Court rejects Pence’s rebuff
of Syrian refugees [Politico / CNN,
10/3/16]: A federal appeals court has rejected Indiana Gov. Mike Pence’s
attempt to stem the flow of Syrian refugees into his state, saying that his
actions were based on ‘nightmare speculation’ about possible terrorist attacks.
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