Thursday, February 9, 2017

Posts for February 9, 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.

Record Audience for Appeals Court's Hearing on Trump Travel Ban [WSJ’s “Washington Wire” blog, 2/8/17]: At its peak, about 135,000 simultaneous users tuned in late Tuesday to the live YouTube feed from the Ninth U.S. Circuit Court of Appeals, which broadcast a stream of its oral arguments on whether to reinstate President Donald Trump’s travel ban.  A court representative said the online audience was, by far, the largest the court has enjoyed since it began live streaming all proceedings about two years ago. By comparison, a hearing Wednesday morning had just 50 live viewers.

Worsening teacher shortage puts more underprepared teachers in classrooms, report says [EdSource, 2/8/17]: The number of underprepared teachers working in California’s public school classrooms has more than doubled in just three years, a key indicator that the teacher shortage continues to worsen, according to a new report from the Learning Policy Institute.

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 travel ban hearing: an important legal battle in a larger constitutional war [The Guardian, 2/8/17]: Whichever side loses will almost certainly seek immediate review in the US supreme court -- the implications for the US and the world are extraordinary.

What’s at Stake in a Supreme Court Ruling in the Trump Immigration Battle? [“Empirical SCOTUS” blog, 2/8/17]: The Supreme Court’s role as a co-equal branch of the federal government may soon be put to the test.  

The 8th man on the bench? [AP, 2/8/17]: History of Scalia’s actual seat goes back more than 150 years. On the night Judge Neil Gorsuch was nominated to fill Justice Antonin Scalia’s seat on the U.S. Supreme Court, he was thinking about history."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:

Trump suggests yanking fed dollars if California's a 'sanctuary'—can he do that? [CalMatters, 2/8/17]: with President Donald Trump issuing an executive order to defund sanctuary jurisdictions, and San Francisco suing to have the order declared unconstitutional, a number of questions remain—not the least of which is “can the President really defund an entire state?” Here’s what we know and don’t know.

The American Presidency [TOPIC 15]

Trump's own words a factor on immigration ban's legal fate? [Constitution Daily, 2/8/17]: Lyle Denniston says Donald Trump’s comments on Muslim immigration were considered as a factor as three federal appeals judges pondered the fate of his immigration ban executive order on Tuesday. 

Gorsuch calls Trump's judge attacks 'demoralizing' and 'disheartening' [Reuters / CNN, 2/8/17]: The Supreme Court nominee breaks with the president who selected him eight days after he was nominated.

Calbuzz: A Quantitative Look at Dawn of Trump Regime [CalBuzz, 2/9/17]: Some Actual (not Alternative) Facts about the start of the Trump Reich Era: 109. The number of people affected by President Trump’s travel and immigration ban, according to his Twitter account. 60,000. The minimum number of people actually affected by the travel ban. 1 in 1.34 billion. Chance of a U.S. citizen being killed in a terrorist attack caused by a refugee.

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:

House 2018: Crossover Appeal [Sabato’s Crystal Ball, 2/9/17]: Assessing the districts where voters split their tickets, and also the Democrats’ odds of winning back the lower chamber

Legislation and the Legislative Process (TOPIC 20)

A Filibuster on a Supreme Court Nomination Is So Rare It's Only Worked Once [TIME, 2/8/17]: Whether as a type of payback for Republicans’ refusal to approve president Obama’s pick, Merrick Garland, or because they have concerns regarding Gorsuch’s ideological and legal background, if Senate Democrats follow through on that threat it would be, by some counts, only the second-ever SCOTUS nominee filibuster.

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:

Good News for the Future of the First Amendment [Newseum, 2/8/17]: There’s good news from the new “Future of the First Amendment” survey being released today: High school students nationwide show greater support for First Amendment freedoms that at any time since the survey began more than 10 years ago.

The Religious Liberty Draft Executive Order, or Wish List, and the Risks to Children [Justia, 2/9/17]: Professor Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how extremely broad President Trump’s draft executive order on religious liberty, explaining how its breadth could have huge negative effects on children, LGBTQ individuals, and many others. Hamilton argues that the executive order is even broader than RFRA and that it poses both known and unknown risks to children.

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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