Wednesday, November 9, 2016

Posts for November 9, 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:

Trump's victory has enormous consequences for the Supreme Court [Wash Post / Bloomberg, 11/8/16]: In the short term, Republican Donald Trump’s victory means that at some point next year, the nine-member court will be restored to full capacity, once again with a majority of Republican-appointed justices.

Access this blog's earlier coverage of President-elect Donald J. Trump's lists of potential Supreme Court justices [Howard Bashman’s ’How Arrpealing’ Blog, 11/9/16]:

What Donald Trump's 'ultra-conservative' Supreme Court will look like [NY Daily News, 11/8/16]: Donald Trump has pledged to appoint what some have called "ultra-conservative" constitutionalists to fill vacancies on the Supreme Court.

Here are 5 Supreme Court judicial lessons that Trump and Clinton won't tell you about [McClatchy DC, 11/8/16]: Here, then, are five takeaways from one pre-election morning in the life of the Supreme Court.

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:

California voters approve gun-control measure [AP, 11/8/16]: Voters approved Proposition 63, banning large-capacity ammunition magazines, requiring background checks for ammunition sales and speeding the seizure of firearms from owners who are no longer allowed to own them.

California, Nevada, Washington voters approve gun control measures [Jurist, 11/8/16]: Gun control ballot measures were approved by voters Tuesday in California, Nevada and Washington while failing in Maine. California's Proposition 63 would require individuals to obtain a permit before purchasing ammunition. It would also eliminate several exemptions to the state's large-capacity magazine ban and increase penalties for possessing them. 

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:

Mea Culpa, Mea Culpa Mea Maxima Culpa [Sabato’s Crystal Ball, 11/9/16]: Well, what can we say -- we blew it. We thought the signs pointed to Hillary Clinton winning the White House. We thought that even if she lost Florida, North Carolina, and Ohio, her Midwestern “firewall” of states that not only had voted for Barack Obama twice, but hadn’t voted for a Republican since the 1980s, would hold for her. It didn’t -- Trump blew a hole in what we dubbed “Fortress Obama.” Remarkably, this all happened while Clinton was winning Virginia by a larger margin than Obama did in 2012 and almost certainly winning the national popular vote.

The USC/L.A. Times poll saw what other surveys missed: A wave of Trump support [LA Times, 11/9/16]: For most of the last four months, the USC/L.A. Times Daybreak tracking poll has been the great outlier of the 2016 campaign -- consistently showing a better result for Donald Trump than other surveys did.

How did everyone get it so wrong? [Politico, 11/9/16]: Everybody was wrong. Again. When Election Day dawned, almost all the pollsters, analytics nerds and political insiders in the country had Hillary Clinton waltzing into the White House.

Donald Trump Is Elected President in Stunning Repudiation of the Establishment [NY Times, 11/9/16]: Donald John Trump was elected the 45th president of the United States on Tuesday in a stunning culmination of an explosive, populist and polarizing campaign that took relentless aim at the institutions and long-held ideals of American democracy.

Inside the Loss Clinton Saw Coming [Politico, 11/9/16]: Publicly they seemed confident, but in private her team admitted her chances were 'always fragile.'
"We have some news. It’s not good.” Hillary Clinton’s communications director Jennifer Palmieri filled the candidate in as the plane landed in Iowa, with campaign manager Robby Mook in the huddle.

States' Supreme Court Election Results a Mixed Bag [Governing.com, 11/9/16]: Judicial elections weren't a clear sweep for either party.

Kamala Harris makes history as California's first black and Asian U.S. Senator [Politico, 11/9/16]: California voters elected Kamala Harris, the daughter of immigrants from India and Jamaica, to the U.S. Senate on Tuesday, tearing down a color barrier that has stood for as long as California statehood.

More on Faithless Electors [Gerard Magliocca in Concurring Opinions, 11/9/16]:Let’s hope that the election does not yield any weird problems or results, but before the vote is complete let me explore one or two issues about the Electoral College.”

In a First, Maine Electoral College Votes Will Be Split [CNS, 11/9/16]: For the first time since adopting an alternative method of distributing its allotted electoral votes in 1972, Maine has split its four electoral votes among two candidates.

Legislation and the Legislative Process (TOPIC 20)

California Legislature will have to pass bills under new transparency rules set by Proposition 54 [LA Times, 11/9/16]: California voters have approved a significant change of the rules in how proposed laws are approved by the Legislature, overwhelmingly supporting a new mandate for public review of legislation before any final vote.

GOP's Senate Victory Sets Stage for Trump High Court, Agenda [Bloomberg News / The Hill / , 11/8/16]: Republicans shocked Democrats by keeping control of the Senate, setting the stage for President-elect Donald Trump to enact a broad conservative agenda and ensure a Republican Supreme Court for a generation. That’s provided he can work with a GOP establishment he spent most of the campaign attacking.

Republicans, Buoyed by Trump's Performance, Keep Control of Senate [NY Times, 11/9/16]: Republicans maintained control of the Senate on Tuesday, fending off numerous Democratic challengers who polls showed were leading going into Election Day, as incumbents were pulled along by Donald J. Trump’s unanticipated strength in several key battleground states.


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

Law and Order Trumps Reform [The Marshall Project, 11/9/16]: There’s a new sheriff in town.

Californians vote to legalize recreational use of marijuana in the state [Politico / East Bay Times, 11/9/16]: Voters on Tuesday approved Proposition 64, making California the most populous state in the nation to legalize the recreational use of marijuana.

Californians reaffirming death penalty in early returns [AP, 11/8/16]: California appears poised for a historic change to its death penalty system – but not the one that opponents of capital punishment have spent decades pushing for. An initiative that aims to speed up the state’s byzantine execution process led late Tuesday, while a rival effort to abolish the death penalty trailed by even more than a similar measure did four years ago.

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:

Facebook-Threat Conviction Upheld, Even After Reversal [CNS, 11/8/16]: Dissecting free-speech precedent, the Third Circuit upheld the conviction of man who posted rap lyrics on Facebook threatening to murder his wife, shoot up a school and bomb the police.

Georgia High Court Invalidates Law Prohibiting the Insulting of School Officials [Newseum, 11/7/16]: A Georgia law prohibiting any non-student from upbraiding, insulting, or abusing a public school official in the presence of a minor infringes on too much protected speech, the Georgia Supreme Court.
Read West v. State:

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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