Posts for December 22, 2016
These are the posts
that are accumulated in our weekly newsletter which goes out throughout the
school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook.
Educating about
Immigration [CRF, 12/21/16]: During the
recently completed presidential campaigns and election, significant issues
about national immigration policy and its enforcement have been raised and
debated. These issues and debates will continue as we transition into the new
Trump Administration and in the months and years to come. Constitutional Rights
Foundation offers two resources to help teachers and students address these
important issues in the classroom.
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:
Dusting Off the
Constitution's Obscure Clauses [Bloomberg, 12/21/16]: This became the year of the obscure, unlitigated
constitutional clause. The First and 14th Amendments usually
hog all the glory, and each did get a few big moments over the last year. But
much more important were ignored and unheralded provisions like the
"advice and consent" clause, the Electoral College clauses, and most
improbably, the emoluments clause, which since the election has featured
prominently as one of the only defenses against conflicts of interest in the
Trump White House.
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:
Ruling backs Montana's
right to Wyoming water for reservoir [AP, 12/21/16]: A special master appointed by the U.S. Supreme Court in a long-running
dispute over state water rights says Wyoming is obligated to provide enough
water to fill a reservoir in Montana.
The
American Presidency [TOPIC 15]
What happens if Trump
tries to abuse his power? Look to the court system [LA Times, 12/21/16]: Donald
Trump is moving into a White
House that has seen presidential powers markedly expanded by its previous
two occupants. Trump has promised to write a new chapter in presidential power
as a strong executive who will get things done. “I alone can fix it,” he said
at the Republican convention.
Wanted: Top Court Justice
Who's Solid Conservative, No Surprises [Bloomberg, 12/22/16]: F or his
first Supreme Court pick, Donald Trump wants someone with deep conservative
credentials to avoid the sort of surprises that have beset past Republican
presidents. Someone young enough to ensure a long tenure. And maybe even a
state court judge or someone without an Ivy League pedigree.
Obama bans offshore drilling in portions of Arctic and
Atlantic [Jurist, 12/21/16]: US President
Barack Obama on Tuesday announced a ban on offshore drilling in almost 120 million acres
of federally owned Arctic and Atlantic waters.
Change the system, or game it? Supporters and critics
read Trump cabinet picks differently [LA Daily News, 12/21/16]: They
are billionaires and generals. Seven of the 23 named so far have no government
experience. At least six oppose key policies of the agencies they’ve been
nominated to run.
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:
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
This Holiday Weekend,
Try Not to Be Penn State [Justia, 12/22/16]: Professor Hamilton points out that for many victims of child
sexual abuse, the holiday season is a time of torture of revisiting painful
memories, rather than joy. Hamilton calls upon us to address the problem of
child sex abuse directly by changing the laws, teaching the adults, reforming
the institutions, and supporting the victims.
Gov. Brown forgives more felons in past 6 years than were
pardoned in previous 30 [CalMatters, 12/21/16]: He has granted more
than 700 pardons since 2011, many for drug crimes—a stark contrast to his
recent predecessors. Between 1991 and 2010, three California governors granted
a total of just 28 pardons.
Judge: Reporters, witnesses must be allowed to see
entire execution in Arizona [Ariz.
Republic, 12/21/16]: When it took two
hours to kill prisoner Joseph Wood, witnesses could not see executioners
pumping multiple doses of drugs into the killer.
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:
Montana Towns Grapple With Rise in Racist Hate Speech [CNS, 12/22/16]: Swastikas appeared on a bridge over
the Clark Fork River in Missoula, Montana, this week. But it wasn’t long before
the swastikas were covered with more graffiti: in the shape of a heart.
First Amendment News 2016: The Year in Review, including
“the best of” [Concurring
Opinions, 12/21/16]: This is the 43rd and last
FAN post for this year. All the hyperlinked posts for this year are listed
below by month. Also below are some highlights of the past year along
with a few “best ofs” of 2016.
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:
North
Carolina Senate Fails to Pass ‘Bathroom Bill’ Repeal [CNS, 12/21/16]: The North
Carolina Senate on Wednesday night failed to pass a bill to repeal the state’s
controversial ‘Bathroom Bill,” a state law seen as stripping the state’s
LGBT community of discrimination protections.
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