Posts for December 20, 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 (5^th ed.) student textbook.

I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

'Loser pays' rule in Idaho court system could make justice available only to those with deep pockets [Spokane Spokesman-Review, 12/18/16]: The Idaho Supreme Court has launched the state's entire court system on a new track that might be called 'loser pay' -- you lose a case, you pay the other side's attorney fees. No other state in the nation has gone this route, and the Supreme Court's 3-2 ruling, issued this fall, has Idaho's legal community in an uproar.

http://www.spokesman.com/stories/2016/dec/18/new-loser-pays-rule-over-idaho-court-system-could-/

Garland vote plea denied -- maybe for the last time [AP / Constitution Daily / BuzzFeed, 12/19/16]: President Obama’s Supreme Court nominee won’t be on the high court. Garland will, though, go back to hearing cases in his old court on Jan. 18.

http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_GARLAND

http://blog.constitutioncenter.org/2016/12/garland-vote-plea-denied-maybe-the-last-time/

https://www.buzzfeed.com/zoetillman/merrick-garland-will-be-on-the-bench-but-not-the-supreme-cou?utm_term=.xl8nQXq1y4#.utDAadkMBe

http://www.politico.com/blogs/under-the-radar/2016/12/merrick-garland-returns-dc-circuit-232826

II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5^th edition of Constitutional Law] Here are recent articles that are relevant to this unit:

The American Presidency [TOPIC 15]

Constitution Check: Can a violation of the Emoluments Clause be proven? [Constitution Daily, 12/19/16]: Lyle Denniston, Constitution Daily’s Supreme Court correspondent, says that unanswered constitutional questions about the president’s acceptance of financial gifts or things of value from foreign governments might reside in the White House itself.

http://blog.constitutioncenter.org/2016/12/constitution-check-can-a-violation-of-the-emoluments-clause-be-proven/

5 ways Trump could reshape environmental law [E&E news12/19/16]: Having Trump pick Scalia's replacement means "in some cases, the ... environmental side is going to lose," said Pat Parenteau, a professor at Vermont Law School. "But with two picks, two really far-right conservative picks, I think you've changed the institution for a generation."

http://www.eenews.net/stories/1060047400

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Trump Wins in Electoral College as insurgency fizzles / Electoral College yielded record number of defections against Hillary Clinton, Donald Trump [USA Today / Mass Live, 12/20/16]: In total, seven electors cast so-called "faithless" votes against the candidates to whom they were bound in Monday's Electoral College, breaking a record set in 1808 when six opposed James Madison.

http://www.usatoday.com/story/news/politics/2016/12/19/electoral-college-donald-trump-hillary-clinton/95605764/

http://www.masslive.com/politics/index.ssf/2016/12/electoral_college_saw_record-b.html

Four Washington electors break ranks and don’t vote for Clinton [Seattle Times, 12/19/16]: In an act of symbolic protest, three electors voted for former Secretary of State Colin Powell, and one cast a vote for Faith Spotted Eagle, a Native American elder from South Dakota.

http://www.seattletimes.com/seattle-news/politics/four-washington-electors-break-ranks-and-dont-vote-for-clinton/

California electors vote for Clinton, then urge investigation into Russian hacking [AP, 12/19/16]: The long, contentious presidential campaign – fraught with anger and the weight of history – came to an end in California on Monday with a final burst of emotion. 

http://customwire.ap.org/dynamic/stories/C/CA_ELECTORAL_COLLEGE_CALIFORNIA

Warrant Shines Light on FBI Election Antics [CNS, 12/20/16]: A second stab that the FBI took at Hillary Clinton’s emails, 11 days before the presidential election, drew new scrutiny on Tuesday as the bureau’s search warrant hit the public domain.

http://courthousenews.com/sunlight-shone-on-fbi-election-antics-as-warrant-revealed/

IV. Criminal Law and Procedure (4^th, 5^th, 6^th, and 8^th amendments) [See TOPICS 21-28 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit

Homer and Harold [The Marshall Project, 12/20/16]: In the United States, stories abound of present-day prosecutors who have lost their way, who do anything to win a conviction, who place politics above principle. Our history provides a counterpoint. This is an extraordinary story of justice done, and what came after. (In partnership with Smithsonian magazine and WBUR.)

https://www.themarshallproject.org/2016/12/20/homer-and-harold?ref=hp-1-100#.NyBVOQ46f

V. 1^st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

VI. 14^th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

North Carolina Lawmakers Ready to Repeal House Bill 2 [CNS, 12/19/16]: North Carolina Gov. Pat McCrory on Monday called for a special session of the state legislature to consider the repeal of the controversial House Bill 2, following a surprise move by the Charlotte City Council to rescind the anti-discrimination law that inspired the house bill.

http://courthousenews.com/north-carolina-lawmakers-ready-to-repeal-house-bill-2/