Posts for March 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.
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:
Gorsuch: A high court pick
whose writing is down to earth [AP, 3/7/17]: "He has a great facility with ideas and with words," writing
expert Bryan Garner said.
Trump administration drops appeal over first travel
ban [Politico / Trial Insider,
3/7/17]: Move leaves 9th Circuit ruling as precedent, at least for now.
Trump announces Noel
Francisco as solicitor general pick [CNN / "Above the Law" blog, 3/8/17]: Francisco,
who most recently hails from the law firm Jones Day, has been working on the
re-launch of the President's travel ban executive order. At Jones Day he worked
with Donald McGahn, the current White House counsel, and is one of several
Jones Day alumni currently serving in the Trump administration. The job of solicitor
general is one of the most coveted
legal jobs in Washington. The so called "S.G." stands in the ornate
chamber and argues before the Supreme Court, but he or she also plays a vital
behind the scenes role of determining whether the United States will appeal in
thousands of cases each year.
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:
Should Federalism
Play a Role in the Interpretation of Civil Rights Laws? [Justia, 3/8/17]: Professor Dorf argues
that in some contexts, consideration of states’ rights is relevant to the
interpretation of federal statutes, but in other contexts—including the federal
lawsuit over a transgender boy’s access to a boys’ restroom at
school—principles of federalism are outweighed by other considerations. Dorf
provides three examples of instances where federalism should play a role in the
interpretation of federal statutes, and he explains why the transgender
bathroom case differs from those instances.
The
American Presidency [TOPIC 15]
Trump campaign approved adviser's trip to Moscow [Politico,
3/7/17]: Donald Trump’s former campaign manager Corey Lewandowski approved
foreign policy adviser Carter Page’s now-infamous trip to Moscow last summer on
the condition that he would not be an official representative of the campaign,
according to a former campaign adviser. The trip is now a focus of
congressional and FBI investigations into Russian influence in the 2016
presidential election.
Trump Budget Proposal Reflects Working-Class Resentment
of the Poor [Eduardo Porter in the NY Times, 3/7/17]: And yet Mr.
Trump’s approach possesses a powerful political logic: The frazzled, anxious
working-class men and women who voted for him like Social Security, Medicare
and defense. Other government spending, not so much. Notably, there is little
political cost for Mr. Trump — in fact, potential benefit — in going after
means-tested programs for the poor.
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)
The Health Care Debate in Congress Heats Up
The GOP's Obamacare
replacement bill: Dead on arrival? [CNN, 3/7/17]:
Senate may send
health care bill straight to floor [CNN, 3/7/17]:
HHS secretary avoids
making 'if you like your plan you can keep it' promise [CNN, 3/7/17]:
Spicer compares
healthcare bills by size [CNN, 3/7/17]:
Wealthiest taxpayers to get
bulk of the savings [AP / , 3/7/17]: The House Republicans’ health care bill adds up
to big tax cuts for the rich.
Your Cheat Sheet on
the Republican Health Care Plan (And Its Impact on California) [KQED,
3/7/17]:
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
The
Seismic Change in Police Interrogations [The Marshall Project, 3/7/17]: A major player in law enforcement says it
will no longer use a method linked to false confessions.
Jury Secrecy Doesn't Apply if Bias Taints Deliberations,
Justices Rule [NY Times, 3/7/17]: The Supreme Court ruled on Monday that courts must make an
exception to the usual rule that jury deliberations are secret when evidence
emerges that those discussions were marred by racial or ethnic bias. “Racial
bias implicates unique historical, constitutional and institutional concerns,”
Justice Anthony M. Kennedy wrote for the majority in the 5-to-3 decision.
Bail-bond companies allowed to defend law requiring bail [SF
Chron, 3/7/17]: Bail-bond companies can intervene in a San Francisco case and
defend the law requiring newly arrested defendants to post bail, a law that the
city and state have refused to defend, a federal judge has ruled.
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:
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:
Federal appeals ourt rules New Orleans can remove
Confederate statues [Jurist, 3/7/17]: The US Court
of Appeals for the Fifth Circuit ruled
Monday that the city of New Orleans could remove three statues honoring members
of the Confederacy, rejecting the appeal of several historic preservation
organizations and the Sons of Confederate Veterans.
Privacy: Apple says it’s already patched ‘many’ iOS vulnerabilities identified in
WikiLeaks’ CIA dump [The Verge, 3/7/17]: The company said that
the latest public version of iOS, released in January, has already patched
“many” critical vulnerabilities that had been detailed in the files, while
Apple engineers continue to work to fix others that were known to the CIA.
Supreme Court sends
Virginia transgender case back to lower court [Wash Post, 3/6/17]: The Supreme Court on Monday put off a
major decision on transgender rights, a result of the Trump administration’s
decision last month to withdraw federal support of the Virginia high schooler
who has waged a legal fight to use the boys’ restroom.
Trump frames 'school choice' agenda as civil rights
initiative [EdSource, 3/8/17]: Against the backdrop of a series of
ongoing controversies and embarrassing missteps concerning civil rights and
race, President Donald Trump, backed by Secretary of Education Betsy DeVos, is
framing his push for greater “school choice” as a civil rights initiative,
intended to help the nation’s most disadvantaged children.
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