Posts for December 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:
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:
The
American Presidency [TOPIC 15]
Trump’s Business
Conflicts: Total Divestiture Is His Only Answer [Justia, 12/9/16]: John
Dean explains why President-elect Donald Trump
must divest himself from ownership in any property or entity that his actions
or decisions as president might benefit. Dean draws upon his experience in the
Nixon White House to argue that anything less than complete divestiture will
not suffice; such is the price of public service.
Trump
‘originals’ say they're getting frozen out [Politico, 12/8/16]: They’ve been with him from the
beginning — when no one believed he could win, and when the Republican Party
establishment wanted absolutely nothing to do with him.
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:
2018 Senate: Democrats are very exposed [Sabato’s Crystal Ball, 12/8/16]: But potentially counteracting forces -- partisan polarization & the negative midterm effect on the president’s party -- complicate the midterm picture.
The States that Vote
Most Often for Presidents [Sabato’s Crystal Ball, 12/8/16]: Ohio has retained its title as the state that has most
often voted with the presidential winner over the last 120 years, even though
it took a strong turn toward the Republicans this year.
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
Ninth Circuit's Constitutional Detour in Mohamud [Just Security
blog, 12/8/16]: The Ninth Circuit’s decision in United
States v. Mohamud continues a trend of
disappointing decisions by lower courts on the constitutionality of FISA Section 702
surveillance. There are many bones to pick with these decisions but the most
glaring flaw is the fundamental misunderstanding and misapplication of the
“incidental overhear” doctrine. The courts are attempting to turn this doctrine
into an exception to the warrant requirement, thus creating a hole in the
Fourth Amendment that the Supreme Court has never sanctioned.
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:
Social media continue
to find balance between free speech and ugly expression [FAC, 12/8/16]: With online fake news, terrorist
propaganda, hate speech and harassment, social media companies are struggling
to preserve free speech but keep excesses at a minimum.
Fake news poses challenge here and abroad [FAC, 12/8/16]: A survey of adults in the U.S. showed
that 75 percent thought fake news headlines they had encountered were accurate.
Those using Facebook as a major source of news were particularly vulnerable to
news scams.
Trump school voucher plan would face huge obstacles in
California [EdSource, 12/8/16]: President-elect Donald Trump’s selection of
Betsy DeVos to be his secretary of education virtually guarantees that his
administration will try to promote a “school choice” agenda, which includes
giving vouchers to low-income children that could be used to help pay for,
among other things, private school tuition.
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:
Arkansas Supreme Court
blocks birth certificates for same-sex couples [Reuters / Huff Post,
12/8/16]: Birth certificates issued in Arkansas must identify the
biological parents even if the child is subsequently adopted by a same-sex
couple, a divided state Supreme Court ruled on Thursday.
Trump launches war on unions [Politico,
12/8/16]: Labor leaders said after the election they’d give him a chance to
deliver on his pro-worker agenda. But the ceasefire appears over.
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