Thursday, March 2, 2017

Posts for March 2, 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:

Outsourcing the Constitution [Linda Greenhouse in the NY Times, 3/1/17]: So the Trump administration is putting the welcome mat back out for private prisons, just as candidate Donald Trump said he would do, reversing the Obama administration’s policy of phasing them out for federal prisoners. But a decision on Feb. 21 by the federal appeals court in Chicago came just in time to remind us that privatization is a really bad idea.

Jacksonian Ideas That Would Make America Great Again [Daily Signal, 2/27/17]: Andrew Jackson is back in the White House—or at least his portrait is. Following President Trump’s inaugural address, his chief strategist, Steve Bannon, noted that the speech was modeled after Jackson’s and that it contained the “basic principles of [Trump’s] populist and nationalist movement.” Thanks to Professor Courtney Goen for the contribution of this article.

Why Gorsuch could lead court in wrong direction [Rick Hasen on CNN, 3/1/17]: It's no big deal, the thinking goes, that the Senate seems likely to confirm Judge Neil Gorsuch for the Supreme Court, as President Trump urged in his speech Tuesday night.

Texas Senate Calls for a Constitutional Convention [CNS, 3/2/17]: In Texas’s latest and most wide-ranging effort to try to rein in what it sees as “abuses of power by the federal government,” the state Senate passed a resolution Tuesday calling for a Convention of States to amend the U.S. Constitution and allow states to override Supreme Court decisions.

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:

Scalia’s Absence Felt in Federalist High Court Battle [CNS, 3/2/17]: Justice Scalia’s seat on the U.S. Supreme Court remains empty over a year after his death, but former colleagues of the conservative stalwart noted Wednesday that he would have relished the federalism battle underway this morning.

An Oklahoma Bill Would Require a Father’s Consent for Abortion [Justia, 3/2/17]: Professor Colb comments on a bill currently under consideration by the Oklahoma legislature that would require a woman who wants to have an abortion to first obtain the written consent of the father of the pregnancy. Colb argues that not only is the bill plainly unconstitutional, but it is also outright misogynistic.

Trump signs bill relaxing gun restrictions on mentally ill [Jurist, 3/1/17]: During the Obama administration, individuals who received social security checks for mental illnesses and were deemed unfit to manage their own finances were added to the national background check database. HJ Res 40 was backed by the National Rifle Association.

The American Presidency [TOPIC 15]

George W. Bush warns against 'isolationist tendency' in US [AP, 3/1/17]: Former President George W. Bush on Wednesday warned against an "isolationist tendency" in the U.S. that he called dangerous to national security, at a time when the current president has faced questions about its commitment to the country's international partnerships.

CNN features clock counting how long Trump goes without a Twitter attack [The Hill, 3/1/17]: CNN is featuring a running clock on its politics Twitter feed that is tracking the last time President Trump has "attacked someone on Twitter."

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:

How midterms do (and do not) differ from Presidential elections [Sabato’s Crystal Ball, 3/2/17]: What recent history tells us about the likely size and makeup of next year’s electorate.

With a single speech, Trump rattles 2018 landscape [Politico, 3/1/17]: The call to Steve Stivers, the chairman of House Republicans’ campaign wing, came on Tuesday evening, roughly an hour after President Donald Trump ended his speech to a joint session of Congress. On the other end of the line was a former candidate wanting back in on the action.

Supreme Court Revives Gerrymander Challenge to Virginia Legislative Districts [WSJ / Reuters / Jurist, 3/1/17]: Critics say state’s General Assembly packed black voters into a handful of state House districts

California legislative leaders deluged with gifts, including foreign trips, sports tickets and liquor [LA Times, 3/1/17]: Senate leader Kevin de León (D-Los Angeles) accepted 60 gifts worth $24,381, the largest amount of the four lawmakers, including travel expenses to Morocco, El Salvador, Mexico and Puerto Rico.

Legislation and the Legislative Process (TOPIC 20)

Republican Health Care Bills Fuel Partisan Bickering [CNS, 3/1/17]: Three health care bills sponsored by Republicans – none of which would replace President Obama’s maligned health care law – nonetheless inspired impassioned debate Wednesday at the House.

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

Wisconsin Supreme Court rules police can take blood from unconscious drivers in certain circumstances [Jurist, 3/1/17]: The court stated that these circumstances include when delaying would lead to the destruction of evidence, such as blood alcohol levels.

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:

First, They Came for the Sex Offenders . . . We must speak up for the rights of those on the fringes of society [Slate, 3/1/17]: The Supreme Court's ruling on sex offenders' First Amendment rights will signal how much protection we can all expect.

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:

Treat same-sex couples the same as others, Texas Supreme Court told [Texas Tribune / Houston Chron / Austin American Statesman, 3/2/17]: Same-sex couples are entitled to the same treatment as opposite-sex couples, a lawyer for the city of Houston argued before the Texas Supreme Court on Wednesday in a case challenging the city's benefits policy for married same-sex couples.


Is Same-Sex Marriage Safe? [Slate, 3/1/17]: The Texas Supreme Court takes on the first major effort to roll back marriage equality in the age of Trump.

Both Sides Urge Supreme Court to Decide Transgender Case Despite Trump Move [School Law blog / BuzzFeed, 3//1/17]: A Virginia school board and the ACLU urge the justices to decide if Title IX requires schools to permit transgender students to use restrooms corresponding to their gender identity.

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

Trump still wants wall, but is he softening on immigration? [LA Daily News, 3/1/17]: Karthick Ramakrishnan, a UC Riverside professor and associate dean of the university’s School of Public Policy, said there does appear to be a slight softening in Trump’s position. But he said the U.S. is still likely to see more deportations than it did during the Obama administration.

How Immigrants Make Communities Safer [Marshall Project, 2/28/17]: Immigrants may actually bring down crime in areas where they live.


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