Posts for December 23, 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.
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:
The Trump Court: SCOTUS
Could Stand Some Disruption [“American Greatness” blog, 12/22/16]: To tame the modern administrative state—the metastasized product of too
many unaccountable administrative agencies exercising powers far exceeding
those granted to the federal government by the Founders—will require a radical
transformation of constitutional law as we currently understand it. President
Trump can achieve this only by appointing the right justices to the U.S.
Supreme Court.
Moving ahead without a ninth Justice [Constitution Daily, 12/22/16]: Lyle Denniston
reviews how the Court is handling its docket with only 8 justices.
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:
Ohio governor signs 'campus carry' bill into law [Jurist,
12/22/16]: Ohio Governor
John Kasich has signed the "campus carry" bill into law. Senate
Bill 199, one of 17 bills Kasich signed Monday, makes it legal to carry
concealed weapons at daycare facilities and onto college campuses. College
boards will have to vote to permit concealed weapons, but child care centers
must post notification if firearms are not allowed.
The
American Presidency [TOPIC 15]
Trump Picks Kellyanne
Conway to Serve As Counselor [CNS, 12/22/16]: Conway, a long-time pollster
who has helped advise Republican candidates on how to better appeal to women,
originally worked for a political action committee supporting Sen. Ted Cruz
before joining Trump’s campaign after the Texas senator dropped from the race.
Two Predictions
(Maybe Rants) About Donald Trump’s Presidency [Justia, 12/23/16]: John Dean makes two predictions about Donald Trump’s presidency: (1) Trump will
cut off access from the White House press corps, (2) and (2) he will violate
his oath of office as president. In this column, Dean elaborates on the first
of these predictions.
https://verdict.justia.com/2016/12/23/two-predictions-maybe-rants-donald-trumps-presidency
Trump Tweet
Raises Alarm [Reuters, 12/23/16]: President-elect Donald Trump on Thursday
called for the United States to expand its nuclear arsenal, after Russian
President Vladimir Putin said his country’s nuclear potential needs fortifying,
raising the specter of a new arms race that would reverse decades of efforts to
reduce the number and size of the two countries’ nuclear weapons.
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:
4 Washington state electors to be fined $1,000 for vote [The Olympian / AP, 12/23/16]: Four Washington state
electors who cast their vote for someone other than Democrat Hillary Clinton
will each be fined $1,000 next week, the secretary of state's office said
Thursday.
November’s presidential election broke records in California [LA
Daily News, 12/21/16]: About 14.6 million Californians — roughly the population
of the six states in New England and more than the population of all but four
U.S. states as of 2015 — cast ballots in the Nov. 8 presidential election,
according to results certified by Secretary of State Alex Padilla.
This Judge Lost His Job For Defying The Law. Now He
May Become A Senator [Huff Post /
AL.com / Montgomery Advertiser, 12/21/16]: Chief Justice Roy Moore's suspension
did not stop the governor from considering him.
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
Two 'deadliest' police departments in US to be
investigated in Calif. [The Guardian / KQED, 12/22/16]: The two largest law
enforcement agencies in Kern County, California, labeled the deadliest police
departments in America following a Guardian investigation, will be investigated
by state authorities, California attorney general Kamala Harris announced on
Thursday.
U.S. executions hit 25-year low as capital punishment wanes:
study [Reuters / Jurist, 12/21/16]: The number of U.S. executions in 2016 was 20, the lowest since
1991, according to the study from the Death Penalty Information Center, which
monitors capital punishment.
Florida Supreme Court: Death penalty cases
finalized before 2002 will stand [Tampa
Bay Times, 12/21/16]: Some of the nearly 400 prisoners waiting on Florida's
death row will not be allowed a re-sentencing under new death penalty laws, the
state Supreme Court ruled Thursday.
Ohio Supreme Court says
'functional life sentences' for juveniles are unconstitutional [Cleveland Plain Dealer /
AP, 12/22/16]: A divided Ohio Supreme
Court on Thursday said that "functional life sentences" -- or
sentences long enough that the inmate would likely not live to see his or her
parole date -- were unconstitutional to impose on juveniles not convicted of
homicide.
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:
First
Amendment Freedoms Need “Breathing Space” [David L. Hudson of the
Newseum, 12/22/16]: “Breathing space” remains one of the most important
concepts in First Amendment phraseology and jurisprudence. Government officials
should not create an atmosphere or pass laws where individuals are chilled from
speaking out and expressing their ideas. Oftentimes, more questionable speech
is protected in order to provide “breathing space” for other expression.
Climate
scientist’s libel case against conservative critics gains steam [FAC,
12/22/16]: A federal appeals court ruled that
statements about climate scientist Michael Mann were potentially libelous. The
judge wrote that the statements attacked “the personal integrity and reputation
of a scientist important to one side…a tactic [used] to gain advantage in a
no-holds-barred debate over global warming.”
Texas Attorney General says new
bar association rule violates free speech rights [FAC,
12/22/16]: A Texas Attorney General Ken Paxton
claims a new American Bar Association rule violates lawyer's free speech rights
in making it "professional misconduct" to engage in behavior that
"is harassment or discrimination on the basis of … sexual orientation,
gender identity, marital status, or socioeconomic status in conduct.”
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:
Michigan man's case
against American Bar Association & LSAT could go to U.S. Supreme Court [Michigan radio, 12/20/16]:
A Michigan man wants blind people to be able to opt out of taking the
Law School Admissions Test, or LSAT. And now, he’s taking the case to the
U.S. Supreme Court.
Bathroom law battles loom in more states after North Carolina
controversy [Reuters, 12/22/16]: The storm over legislation seen
as targeting transgender people is set to intensify in 2017 with several U.S.
states proposing measures similar to a bathroom restriction statute in North
Carolina that has prompted protests, lawsuits and economic boycotts.
International Law, Citizenship
and Immigration [TOPIC 40-42]
UN approves resolution to probe Syria war crimes [Jurist, 12/22/16]: The resolution, approved by a vote
of 105 to 15 against, with 52 abstentions, will establish the International,
Impartial and Independent Mechanism to Assist in the Investigation and
Prosecution of Those Responsible for the Most Serious Crimes under
International Law Committed in [Syria] since March 2011.
Will Guantanamo Bay's Prison Ever Close? [The Atlantic, 12/21/16]: President Obama campaigned
on the promise of shuttering the detention facility, but the task proved more
difficult than anticipated.
European Court of
Justice rules against government electronic surveillance [Jurist, 12/22/16]: The European Court of Justice ruled Wednesday that
"[g]eneral and indiscriminate retention" of e-mails and other
electronic communications by governments is illegal, in a decision that many
believe could create an opportunity for challenges to the UK's Investigatory
Powers Bill. The EU's highest court did, however, carve out an exception for
targeted interception of traffic and location data used in attempts to fight
crime.
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