Monday, February 27, 2017


Posts for February 27, 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:

President Trump, conservatives united on U.S. Supreme Court, Neil Gorsuch [Wash Times, 2/26/17]: The U.S. Supreme Court is proving to be a bonding agent between President Trump and conservatives, who despite their misgivings during the campaign say his pick of Judge Neil Gorsuch to join the high court has set the tone for this administration.

Trump budget plan boosts Pentagon, trims State Dept, EPA: officials [Reuters, 2/26/17]:  The White House will send federal departments a budget proposal on Monday containing the defense spending increase President Donald Trump promised, financed partly by cuts to the U.S. State Department, Environmental Protection Agency and other non-defense programs, two officials familiar with the proposal said.

Trump to lay out healthcare revamp details in speech to Congress [Reuters, 2/26/17]:  Republicans have yet to agree on a single detailed policy proposal to repeal and replace the Affordable Care Act. Some moderates want to revise the law and not abandon it entirely while conservatives want to repeal it completely.


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]

Father of dead Navy SEAL refused to meet Trump at ceremony [AP, 2/26/17]: The father of a Navy SEAL killed during an anti-terrorism raid in Yemen is demanding an investigation into its planning and criticized the Trump administration for its timing.

EPA Chief promises aggressive rollback of Obama regulations [Jurist, 2/26/17]: On Saturday the newly confirmed head of the Environmental Protection Agency (EPA) Scott Pruitt announced that they would be rolling back some Obama era regulations as soon as next week. 

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:

Talbot: Sleeping with frenemies: how moderates, progressives can coexist [SF Chron, 2/26/17]: Two titanic political battles are raging in America today. One, of course, pits the Democratic Party — and the majority of American voters who rejected Donald Trump — against his freakish presidency. The other battle pits the Democratic Party against itself, with progressives clashing with establishment forces for the soul of the party.

Supreme Court Upholds Disclosure Requirement for Issue Ads [AP, 2/27/17]: The Supreme Court has summarily upheld a requirement that forces groups to say who is paying for issue advertising directed at candidates in an approaching election.


The case is Independence Institute v. Federal Election Commission.
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

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:

North Carolina law banning registered sex offenders from social media faces challenge [McClatchy, 2/24/17]: Police arrested Durham, N.C. resident and convicted sex offender Lester G. Packingham, Jr. after he posted a message praising God on Facebook. Now, the Supreme Court will weigh Packingham’s challenge to the North Carolina law that bans registered sex offenders from visiting online social networking sites that could be frequented by minors.

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:

LGBTQ Advocates Fear 'Religious Freedom' Bills Moving Forward In States [NPR, 2/26/17]: There are renewed efforts at the state level to pass so-called religious freedom bills. LGBTQ rights advocates believe that's because local lawmakers are anticipating support from the Trump administration.

Rights organization announces boycott of North Carolina over 'discriminatory' legislation [Jurist, 2/26/17]: The NAACP asked other organizations, artists, religious groups, and sports leagues to follow suit and according to the NAACP, 200 organizations are already planning to join the boycott.

Federal rule dispute a key element of transgender case [Cabinet Report, 2/27/17]: On the surface, the suit pending before the U.S. Supreme Court over bathrooms and transgender students would seem to be a straight-forward conflict over civil rights. But some experts believe the case brings forward a far different argument over the limits of federal rulemaking.


International Law, Citizenship and Immigration [TOPIC 40-42]

US might consider leaving UN Human Rights Council: reports [Jurist, 2/26/17]: Two sources with contacts in the Trump administration suggested Saturday that the US might be considering leaving the UN Human Rights Council. One source explained that several requests had come from the US State Department regarding the Council, suggesting that Secretary of State Rex Tillerson might be reevaluating the US membership of the Council.

Immigration courts clogged with 2-year backlog [SF Chron, 2/26/17]: Immigration courts, an arm of the Justice Department, have a nationwide backlog of 542,000 cases. In the San Francisco court, one of four in California, the backlog is more than 39,000. Immigrants free on bond, the practice in most cases, typically wait more than two years for a hearing on whether they will be deported. That’s nearly double the waiting time in 2008.

Visas: The Historical and Legal Precedent [Justia, 2/27/17]: Professor Rotunda explains the legal precedent behind the executive’s power to restrict visas for non-U.S. citizens to enter the United States. Rotunda points out that the recent opinion by the U.S. Court of Appeals for the Ninth Circuit fails to mention almost any of the precedential cases on point when it struck down President Trump’s executive order limiting immigration.


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