Posts for February 8, 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.
Trump to judges: Even a
'bad high school student' would rule in my favor [CNN / BuzzFeed / Wash Post,
2/7/17]: President Donald Trump harshly criticized arguments against
his temporary travel ban on Wednesday, discounting a legal challenge to the
order as anti-security and lambasting the federal judicial system that's
weighing it as overtly political.
Federal appeals court skeptical of Trump's travel ban [USA Today / Reuters /
Politico / CNN / Jurist / Trial Insider, 2/7/17]: President Donald
Trump's order temporarily banning U.S. entry to people from seven
Muslim-majority countries came under intense scrutiny on Tuesday from a federal
appeals court that questioned whether the ban unfairly targeted people over their
religion.
You can watch a video or the
oral arguments on You Tube:
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 Gorsuch nomination:
What's next
[SCOTUS blog, 2/7/17]: The Constitution
barely sketches the process for making Supreme Court appointments. Article II
provides the president “shall nominate, and by and with the Advice and Consent
of the Senate, shall appoint … Judges of the Supreme Court.” Besides the fact
that Article I empowers each chamber of Congress “to determine rules” for its
internal governance, the Constitution confers discretion on the president and
the Senate over how to exercise their respective authorities.
Democrats question
independence of Trump Supreme Court nominee [Reuters, 2/7/17]: Democratic U.S.
senators on Monday sharpened a potential line of attack against Neil Gorsuch's
nomination to the Supreme Court by questioning whether he would be sufficiently
independent as a justice in light of President Donald Trump's vigorous use of
unilateral presidential power including his travel ban.
Gorsuch in the Mainstream [WSJ wsutorial,, 2/8/17]: He was upheld at the
Supreme Court in seven of eight cases.
Judge Gorsuch’s Misguided Quest to End Judicial Deference
to Administrative Agencies [Justia, 2/8/17]: Professor Dorf discusses the distinctive position taken by
Supreme Court nominee Neil Gorsuch with respect to the
so-called Chevron doctrine, under which courts defer to reasonable
agency interpretations of ambiguous federal statutes. Dorf explains why Judge
Gorsuch’s quest to end judicial deference to agencies not only contrasts with
Justice Scalia’s position on the issue, but it is also erroneous and based on a
misconception of how Chevron works.
'Justice Scalia's seat'
has a history going back 150 years [AP, 1/7/17]: "The
towering judges that have served in this particular seat on the Supreme Court,
including Antonin Scalia and Robert Jackson, are much in my mind at this
moment," Gorsuch said in the East Room of the White House following his
nomination by President Donald Trump.
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:
Former U.S. Atty. Gen. Eric Holder visits Sacramento to
meet with his clients: California's legislators [Politico, 2/7/17]:
With California’s relationship to President Trump growing increasingly
strained, Democratic lawmakers on Tuesday met in person with the high-profile
attorney tasked with shaping their strategy for upcoming clashes: former U.S.
Atty. Gen. Eric Holder.
The
American Presidency [TOPIC 15]
What is the Trumpian view
of the Constitution? [Eric Posner’s Blog, 2/7/17]: “I'm
looking for someone who will provide a legal or constitutional defense of
Trump's attack on the courts.”
Courts Have Pushed Back
During The War On Terror When The Executive Branch Asked Them To Butt Out [BuzzFeed, 2/7/17]: The Justice Department is arguing that a Seattle
federal judge was wrong to “second-guess” Trump’s travel ban, given the
national security concerns at play. Courts pushed back against similar
arguments in post-9/11 cases.
Betsy DeVos squeaks through as Education secretary after
Pence casts first-ever tie-breaking vote [LA Times, 2/7/17]: Phone
calls jammed congressional switchboards. Two Republican senators defected.
Democrats held a last-ditch, 24-hour Senate debate in hope of shaking loose one
additional vote. But the effort was not enough to prevent Betsy DeVos from
becoming U.S. secretary of Education.
Travel ban: Local attorneys say feds got
tough questions from judges, but so did the state [Seattle Times, 2/7/17]: A “hot
bench” put the federal government’s feet to the fire, several local attorneys
said after listening to the 9th Circuit hearing on President Trump’s travel
ban. But they noted Washington’s lawyer faced tough questions too.
Checks? Never Heard of Them. Balances? Forget About It
[Slate, 2/6/17]: Donald Trump's
unnerving belief that the judiciary's purpose is to stay out of his way.
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:
Blue-Collar Dems: a
Case Study of Party Defection [CNS, 2/7/17]: Unable
to fashion a golden ticket to the White House from Hillary Clinton’s
3-million-vote lead over Donald Trump, Democrats begrudgingly began the process
of introspection. Courthouse News spoke with four experts to figure out what
became of the blue-collar Democrat. This is the first of a 3-part series.
Legislation and the Legislative
Process (TOPIC 20)
GOP Invokes Obscure Senate Rule to Silence Warren During
Sessions Debate [CNS, 2/8/17]: Republicans on Tuesday night invoked a little-used
rule to prevent Sen. Elizabeth Warren from speaking out against the Sen. Jeff
Sessions, who the Senate is prepared to confirm as attorney general on
Wednesday.
Obamacare Debate Draws Critics Across the Aisle [CNS,
2/8/17]: Bernie Sanders and Ted Cruz – two of the country’s most
diametrically opposed senators – hit the debate floor Wednesday night to spar
over efforts to repeal the federal health care law.
A gang of 11 could end the madness of Supreme Court
confirmations [LA Times, 2/7/17]: The Supreme
Court confirmation process is broken. Republicans say Democrats
started it with their ruthless take down of Robert Bork three decades ago.
Democrats say Republicans crossed a line when they covered their ears and
pretended President Obama had not nominated Merrick
Garland to fill the seat left vacant by Justice Antonin
Scalia/s death.
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
AP Fact Check: Trump botches murder rate [AP,
2/8/17]: President Donald Trump's dark view of violent crime in America rests
largely on a bogus claim: that the murder rate is higher than it's been in
nearly half a century. Actually, the murder rate is down sharply in that time,
despite a recent spike.
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:
Judge Neil Gorsuch — the Scholarly First Amendment Jurist [Concurring Opinions, 2/7/17]: If
one scans what we now know of the arc of Judge Gorsuch’s views on the First
Amendment and free expression, it is readily apparent than he has long and
informed commitment to the First Amendment. Should that continue, and it seems
likely to, he could well become the First Amendment point-person on the Court.
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:
International Law, Citizenship
and Immigration [TOPIC 40-42]
Srebrenica massacre
trial begins in Serbia [Jurist, 2/7/17]: The
trial is seen as a litmus test on Serbia's pledge to move past the Bosnian war
which is still affecting the country almost two decades later.
No comments:
Post a Comment