Tuesday, March 21, 2017

Posts for March 21, 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 Gorsuch hearings
Here’s the link to View the Supreme Court Justice Confirmation Hearing, Day 2 [C-SPAN, 3/21/17]:

Confirmation Hearing Begins For Supreme Court Nominee Neil Gorsuch [NPR, 3.20.17]: Listen to this audio segment.

Supreme Court nominee stakes out independence from Trump [Reuters, 3/21/17]: Neil Gorsuch, President Donald Trump's U.S. Supreme Court pick, said on Tuesday he would have no trouble ruling against the president as he tried to stake out his independence amid concerns by Democrats that he would be beholden to the man who nominated him.
Neil Gorsuch's confirmation hearings: 5 key things to watch for this week [USA Today, 3/20/17]:
How Dare You Question Our Precious Nominee? [Slate, 3/20/17]: Republicans broke every rule to block Merrick Garland. Now, they're outraged that anyone would challenge Neil Gorsuch.
Nine Questions for Neil Gorsuch [Bloomberg, 3/20/17]: Would these be your questions?

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:

What Does Originalism Mean to Judge Gorsuch? [Bloomberg, 3/20/17]: Confirmation hearings for U.S. Supreme Court justices are an occasion for a national conversation about constitutional law and interpretation.
Trump's Supreme Court Pick Is A Disciple Of Scalia's 'Originalist' Crusade [NPR, 2/2/17]: The late Justice Antonin Scalia may not have been the original originalist, but he popularized what had once been a fringe legal doctrine. He argued for it both on and off the U.S. Supreme Court and brought originalism into if not the mainstream then at least into the center of legal debate.

Another Federal Court of Appeals Attacks the Second Amendment [National Review, 3/20/17]: When Andrew Scott heard loud pounding at his door, he had the 'clearly established' right to answer it, with a gun at his side.

The American Presidency [TOPIC 15]

FBI’s Trump-Russia probe knocks White House on its heels [Politico, 3/21/17]: The White House was knocked on the defensive ahead of its biggest week yet on Capitol Hill after FBI Director James Comey confirmed the existence of an active investigation into Russia’s meddling in the presidential election, including whether there was any coordination with now-President Donald Trump’s team.

With the Travel Ban, Federal Courts Face a New Legal Issue [The Atlantic, 3/20/17]: Should judges consider a president's statements when attempting to understand the meaning of an executive order?

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)

Conservative senators disappointed after White House health care meeting [CNN, 3/20/17]: House Republicans are preparing for a vote to repeal and replace Obamacare Thursday.

An Ethical Analysis of the American Health Care Act [Justia, 3/21/17]: Charles E. Binkley, MD, FACS, co-chair of the Ethics Committee at Kaiser Permanente Medical Center in San Francisco, and attorney David Kemp conduct an ethical analysis of the American Health Care Act (AHCA), the proposed replacement for the Affordable Care Act, using the principles of impartiality and justice. Within this framework, Binkley and Kemp identify three values around which health care coverage should be prioritized, and they conclude that the AHCA fails to meet the ethical standards for government-supported health care.

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

When 'No' Doesn't Mean 'No' [Marshall Project, 3/20/17]: Did the subject invoke his right to remain silent?

State senators call for major reform of juvenile justice system [LA Daily News, 3/21/17]: A package of legislation introduced Monday by a pair of California state senators could do away with incarceration for children under 12 years old and ban life sentences without parole for anyone under 18.

Polanski Demands No Jail Time for Return to US [CNS, 3/20/17]: Filmmaker Roman Polanski’s defense attorney asked a state court judge on Monday to lift a warrant to allow Polanski to return to the United States in order to seek a sentence of time served for having unlawful sex with a 13-year-old girl in 1977.

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:

Polygamous Mormon Sect Taken Back to Court [CNS, 3/20/17]: Fundamentalist Mormons bowing to the imprisoned “prophet” Warren Jeffs use community property for secret meetings to banish members, reassign wives and children and defraud public assistance, a trust claims in court.

Court Upholds Prayer at School Board Meetings, Overlooking Their Judicial and Executive Functions That Suggest a Different Result [EdLawProfs Blog, 3/21/17]: The Fifth Circuit Court of Appeals in American Humanist Association v. Birdville Independent School District has upheld a First Amendment challenge to student prayer at school board meetings. 

No worries, Trump — First Amendment still protecting free speech, even yours [EB Times, 3/20/17]: Constitution protects even speech most find distasteful [East Bay Times, 3/20/17]: There is a price to pay when one has to listen as cousin Wilbur enlivens Thanksgiving dinner with pointed political discourse. Or when an extremist peddling incendiary rhetoric shows up at the local university intending to elicit mushroom clouds of outrage. Or when the president of the United States tweets yet another prefabricated whopper.

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]

War crimes appeal begins for former Bosnia president [Jurist, 3/20/17]: The six defendants deny that there was a criminal enterprise to systematically remove Muslims from Bosnia and are seeking a retrial or to have their sentences reduced. According to a statement released by ICTY, "the Prlic et al. trial was one of the tribunal's largest and most complicated," adding that a total of 326 witnesses appeared over 465 trial days. The hearing is expected to last seven days. A ruling is expected by November. The ICTY convicted the six for persecuting, expelling and murdering Muslims during the Bosnian Civil 



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