Posts for November 17, 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.
San Francisco teachers union offers Trump lesson plan [AP,
11/16/16]: San Francisco's public schools have been offered a classroom lesson
plan that calls President-elect Donald Trump a racist, sexist man who became
president "by pandering to a huge racist and sexist base."
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:
You Can't Shun a Supreme
Court Justice [Bloomberg, 11/16/16]: Lose one
election, get ready for the next. With the election of Donald Trump as
president, however, many on the left seem unwilling to wait for next time. They
want to do something now. And, as always, urgency creates bad ideas.
John Roberts's mission impossible for the Supreme
Court [CSM, 11/16/16]: Chief Justice
John Roberts has spoken of wanting to make the Supreme Court less political;
That could be needed in the year ahead.
The End of Genuine
Law and Order in the United States? [Justia,
11/17/16]: In the aftermath of the presidential election, Professor Buchanan
considers what it would mean on the ground for the rule of law to be eroded to
the point of obliteration. Buchanan describes how Trump and Republican might
play constitutional hardball in a manner that spells the end of the rule of
law.
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:
Missouri Court Rules Frozen Embryos Are Not Children [CNS, 11/16/16]: A divided Missouri appeals court
ruled Tuesday that the frozen embryos of a divorced couple must be treated as
marital property, not as children, even though state law defines life as
beginning at conception.
The
American Presidency [TOPIC 15]
Obama Can and Should Put Merrick Garland on the
Supreme Court [The New Republic,
11/16/16]: The outgoing president has one final trump card -- and he should
play it.
Confirmed: Trump Will Pick
From SCOTUS List [Bloomberg, 11/16/16]: President-elect
Donald Trump will choose the next nominee for U.S. Supreme Court justice from
the lists of 21 candidates released earlier this year by his campaign,
Kellyanne Conway, Trump’s campaign manager said on Wednesday.
Trump’s vast web of conflicts: A user’s guide [Politico,
11/16/16]: Here’s Politico’s guide to the uncharted waters Trump and his new
administration will be navigating:
Expect the Expected From
Trump's Supreme Court Pick [Bloomberg, 11/16/16]: President-elect
Donald Trump hasn’t yet chosen the people whose job it would be to propose a
U.S. Supreme Court nominee for him to choose. But that hasn’t stopped
speculation about who will be picked to replace the late Justice Antonin
Scalia. It would be a mistake to make a projection with any confidence at this
stage. Nevertheless, it is possible to identify the parameters and constraints
that will go into the decision, which yields some scenarios with names
attached.
Feinstein issues warning on Trump judicial nominees [Politico
Wash Times, 11/16/16]: California Sen. Dianne Feinstein, just named the ranking
Democrat on the Senate Judiciary Committee, warned Wednesday that the group
“will pay very close attention to proposed nominees” from President-elect
Donald Trump.
Alt-Right’s Arrival at White House Draws Warnings [CNS, 11/17/16]: Taking a closer look at former
Breitbart CEO Stephen Bannon’s future as a senior counselor in the incoming
Donald Trump administration, experts in extremism are voicing concern about how
hate crimes have risen along with the surge of the so-called alt-right.
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:
16 for ’16 [Sabato’s
Crystal Ball, 11/17/16]: Now that we’ve had a
week to digest the results of the 2016 election, here are some observations
about what happened and what the results might tell us about the future.
Clinton urges supporters to 'fight for our values' [Politico,
11/16/16]: Hillary Clinton urged her supporters on Wednesday night to persevere
in the face of her shocking electoral loss, speaking in Washington at her first
public appearance since she conceded the presidential election to Donald Trump
last week.
Pollsters: Election Results Show California Unlike Rest
Of America [CPR, 11/16/16]: It’s often said that “as California goes, so
goes the nation.” But that’s rarely been less true than in last week’s
election. Two of California’s most highly respected pollsters say the results
underscore just how different the Golden State is.
The White Working Class and the Prospects for a Progressive
Resurgence [June Carbone in Concurring Opinions,
11/16/16]: Today’s Democrats come to power often committed to racial and
gender inclusion, but not to economic transformation, at least not on
progressive terms.
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
Appeals Court Calls the
Torture and Botched Execution of an Inmate an 'Innocent Misadventure [AP
/ Slate, 11/16/16]: A federal appeals court has
upheld the dismissal of a lawsuit filed by the brother of an Oklahoma death row
inmate whose botched execution led to a moratorium while the state reconsidered
its lethal injection protocols.
Study finds Florida 'Stand Your Ground' law associated
with increased homicide rates
[Jurist, 11/16/16]: The number of
homicides in Florida has increased "significantly" since the passing
of the so-called Stand Your Ground law, according to a report from the Journal
of the American Medical Association released Monday.
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:
With bans of alt-right users, Twitter tests the limits of
free speech [KQED, 11/16/16]: Twitter Inc. launched 10 years ago
innocently enough with co-founder Ja ck Dorsey tweeting about having lunch and
grabbing tea after yoga.
Federal Appeals Court
Upholds South Carolina Anti-Profanity Law [Newseum, 11/16/16]: You better not curse
within hearing distance of a church or school in South Carolina.
That’s because the state has a law that specifically bans such
profanity.
I Know There’s Been a
Nuclear War, But Political Correctness is the Real Problem [The New Yorker,
11/16/16]: On college campuses across the country, students have been demanding
“safe spaces.” And I don’t mean lead-lined bunkers to protect them from deadly
radioactive fallout, which actually would have been pretty handy. I mean emotional safe spaces, so they don’t get their
precious little feelings hurt by challenging ideas. Sorry, kiddos, but the real
world is a tough place—a lesson you would have learned, if you weren’t all
dead!
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]
Anti-Trump groundswell erupts for colleges to become
immigrant sanctuaries [SJ Merc, 11/16/16]: As fear grows over the
possible drastic immigration moves by the incoming Trump administration, a
groundswell movement is spreading around the Bay Area and across the country
with petitions signed by students, faculty and alumni at colleges and
universities to turn the institutions into “sanctuary campuses.”
Russia announces
intentions to leave ICC [Jurist, 11/16/16]:
In its statement, the government expressed disdain over the ICC's current
investigation into possible crimes committed by Russian forces in South Ossetia
in 2008. The statement also condemned the ICC for its expenditures and alleged
ineffectiveness. Russia first signed the Rome Statute in 2000.
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