Thursday, December 15, 2016

Posts for December 15, 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:

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:

Court upholds California's gun purchase waiting period [SF Chron / CNS / Trial Insider, 12/14/16]: A federal appeals court Wednesday upheld California’s 10-day waiting period and background check for existing gun owners and those with concealed-weapons permits, ruling that it did not violate the Second Amendment.

Oklahoma top court strikes down abortion restrictions [Jurist, 12/14/16]: The Oklahoma Supreme Court on Tuesday struck down a law requiring abortion providers to have admitting privileges at a hospital within 30 miles. 

'We're ready to fight.' Gov. Jerry Brown unloads on Trump and climate issues [CPR / KQED, 12/14/16]: In perhaps his most fiery comments since Donald Trump won the presidency, Gov. Jerry Brown said on Wednesday California will push back against any effort to stop or reverse policies fighting global climate change.

The American Presidency [TOPIC 15]

No transition honeymoon for Trump [Politico, 12/14/16]: Donald Trump is struggling to win over Americans who spurned him in last month’s election — a significant departure from past presidents-elect who enjoyed broad support even after controversial victories.

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:

Incumbent Reelection Rates Higher than Average in 2016 [Sabato’s Crystal Ball, 12/15/16]: With Republican Sen.-elect John Kennedy’s triumph in the Louisiana runoff last weekend, victories by two other Republicans in Louisiana House races, and Gov. Pat McCrory’s (R) concession last week to Gov.-elect Roy Cooper (D) in North Carolina, the winners of 2016’s House, Senate, and gubernatorial races are now set.

How Clinton lost Michigan — and blew the election [Politico, 12/14/16]: Across battlegrounds, Democrats blame HQ’s stubborn commitment to a one-size-fits-all strategy.

Partisan Geographic Sorting [Sabato’s Crystal Ball, 12/15/16]: Where you live can change your partisan preferences.

Why Electors Should Not Make Hillary Clinton (or Anyone Else Besides Donald Trump) President [Justia, 12/15/16]: Amar argues that the presidential electors should not elect anyone besides Donald Trump when they cast their ballots on December 19. Amar points out that while there are better ways to elect a president than the electoral college, it would be unwise to switch rules after the end of the election and allow independent, unaccountable electors to make decisions based on what they think America wants.

Democrats stake Pruitt fight on climate change denial [Politico, 12/14/16]: They see a chance to mobilize their base, although blocking the EPA nominee will be very difficult.

Legislation and the Legislative Process (TOPIC 20)

With Biden in the chair on Jan. 3, the Senate can confirm a renominated Merrick Garland. Here's how [Daily Kos, 12/6/16]: Here’s an idea to ponder as a sort of closing act for the Obama administration and/or and opening salvo from Senate Democrats: a mechanism for confirming Merrick Garland to the Supreme Court. 

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

Closing Arguments Begin in Charleston Church Shooting Trial [CNS, 12/15/16]: Closing arguments are expected to begin on Thursday in the federal trial of Dylann Roof, the man charged in the shooting deaths of nine parishioners at the Mother Emanuel AME church.

iPhone user can be forced to produce the passcode to his phone, court rules [Volokh Conspiracy, 12/14/16]: Florida case State v. Stahl holds that the government can force an iPhone user to hand over the passcode to unlock the phone so long as the government can show that the user knows the passcode.

Should non-lawyer judges be sending people to jail? SCOTUS asked to review [“Pleading the Sixth” blog, 12/12/16]: Though it may seem surprising that judges in all of America’s courts do not necessarily need to be lawyers, the practice is fairly common. Thirty-one states have some courts where judges do not have to be a lawyer. In nine of these states that allow non-lawyer judges, along with the 19 states and the District of Columbia that require all judges to be a lawyer, the non-lawyer judges are banned from taking a defendant’s liberty in a criminal proceeding.

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:

“Protect the Flag Act” Introduced in Congress [Concurring Opinions, 12/15/16]: On December 2, 2016, Congressman Michael R.  Turner (R-OH) introduced the “Protect the Flag Act” (H.R. 6433).  

Read the ACLU and WSJ blogs [ACLU, daily]: It is always good to keep up with what the ACLU  and the Wall Street Journal are thinking in their law blogs.

Keep “A Charlie Brown Christmas” poster out of classroom, Killeen ISD board says [Dallas News, 12/11/16]: Texas Attorney General Ken Paxton took Killeen Independent School District to task for ordering the removal of a holiday decoration depicting a scene from “A Charlie Brown Christmas” that included a Bible verse.

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]

Cherokees' Gay-Marriage Law Is Traditional [Bloomberg, 12/14/16]: The Cherokee Nation, one of the largest registered Native American tribes in the U.S., has officially decided to recognize same-sex marriage. The tribe, as a separate sovereign, isn’t bound by the U.S. Supreme Court’s landmark 2015 gay-marriage decision, Obergefell v. Hodges. But its judgment relies in part on evidence of historical recognition of same-sex relationships among Cherokees -- a basis for contemporary gay rights that is different from, and in some ways deeper than, the equality and dignity rationales that the Supreme Court used.


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