Posts for January 13, 2017
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 Supreme Court, the
Trump Transition, and the Future of the Constitutional 'Border [“Just Security” blog,
1/13/17]: With all due respect to the
Emoluments Clauses, perhaps the most important set of constitutional
questions implicated by the presidential transition involves
the individual rights of non-citizens, be they immigrants physically in the
United States (with or without lawful status, Muslim and otherwise), arriving
non-citizens stopped “at the border,” refugees seeking shelter from active war
zones or other inhumane conditions, or those on foreign soil who are
subjected to U.S. uses of force (whether through cross-border shootings, drone
strikes, or otherwise).
Donald Trump's other Supreme Court decision
[CNN, 1/13/17]: It's the most coveted legal post
in Washington, but few people outside of the Beltway know it even exists. And
now the plum job -- that of solicitor general -- is up for grabs.
Trump's second Supreme Court pick could be the real drama [CNN, 1/13/17]: President-elect Donald Trump is looking for a
surefire conservative for the Supreme Court, and Senate Democrats are vowing to
fight his choice. But
for all the escalating rancor, this round to replace the late Justice Antonin
Scalia could be the prelude to a more consequential battle.
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]
U.S. VP-elect Pence to be
sworn in by conservative Justice Thomas [Reuters, 1/12/17]: Thomas's role was
included in the official program for Republican President-elect Donald Trump's
inauguration posted online by the Joint Congressional Committee on Inaugural
Ceremonies.
Constitutional
Lessons from the Senate’s Quick Processing of President-Elect Trump’s Cabinet
Picks? [Justia, 1/13/17]: Professor Amar describes two lessons we should take
away from the Senate’s processing of President-elect Trump’s nominees for his
Cabinet. First, Amar explains the constitutional difference between executive
and judicial appointments. Second, Amar explains the relatively long time
between the end of the election and when the president-elect actually takes
office, and also proposes a way to reduce this period and ease transition.
A Deep Drive Into The
Department Of Justice Transition [“Above the Law” blog, 1/12/17]: With Sessions’ confirmation hearings complete, he can
now focus on the Department of Justice transition more generally — and it
sounds like it could use some help. Based on what I’ve heard from numerous
sources, things are… rather chaotic right now.
The Supreme Court Saved Obama's Legacy [Huff Post, 1/13/17]: His Legacy Changed The Court;
The law and the politics of justice will never be the same.
Trump's inauguration to shatter Washington norms [Politico,
1/13/17]: The city's hotels, restaurants and event spaces will be packed with a
potent mix of Trump’s supporters and protesters.
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:
Legislation and the Legislative
Process (TOPIC 20)
Not
one Kansas state senator is a lawyer, making compliance with obscure statute
impossible [ABA Journal, 1/11/17]: An
obscure Kansas statute requires at least one lawyer from the state senate to
participate in a committee that handles some claims against the state. Compliance is impossible,
however. For the first time ever, the 40-member Kansas Senate has no lawyers,
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
Prosecutor defends 22-year
sentence for theft of remote control [ABA Journal, 1/11/17]: A
suburban Chicago prosecutor is defending a 22-year sentence for a man convicted
of stealing a universal television remote from the common area of an apartment
complex in Wheaton, Illinois.
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:
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:
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