Thursday, May 18, 2017

Posts for May 18, 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:

A Fresh Look at Jury Nullification [Justia, 5/18/17]: In response to a recent episode of the podcast Radiolab that relates the story of a juror who was prosecuted for attempting jury nullification, Professor Colb considers how we ought to think about the power of jurors to acquit for any reason. Colb explains what jury nullification is and describes some situations in which it is most clearly appropriate and some in which it is problematic. She also proposes a solution to address bias in all phases of the criminal process, rather than just prosecution and trial.

Former Minn. Supreme Court Justice Alan Page on life, education, football and the law [Minn. Public Radio, 5/16/17]: Former Minnesota Supreme Court Justice Alan Page was the first African-American on Minnesota's high court. He shared his views on education and mentoring, race relations in America, and the importance of equal justice under the law.

John Marshall: Patriot, Statesman, Chief Justice [National Constitution Center]: This exhibit opens next Thursday in Philadelphia.

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:

Second Amendment case Peruta v. California may be heading to Supreme Court [Fox News, 5/15/17]: The Second Amendment is only 27 words, but Americans have used millions of words arguing over what it means. It guarantees “the right of the people to keep and bear arms.” But which people, what arms, and under what circumstances?

The American Presidency [TOPIC 15]

Did Trump Commit High Crimes and Misdemeanors? [Jurist, 5/17/17]: Professor Cohn discusses the legal framework of a potential Trump impeachment.

How Trump might fend off an obstruction of justice claim [LA Times,  Former prosecutors and legal academics say they foresee at least three lines of defense for the president.

Not the 25th amendment [Eric Posner blog, 5/17/17]: Trump can obviously “discharge the powers and duties of his office”—he just does it very badly. On top of all this, the 25th Amendment—unlike impeachment—requires 2/3 in the House as well as in the Senate.

Trump Lashes Out Over Russia Special Counsel [CNS, 5/18/17]: Hours after releasing a measured response to word the Justice Department appointed a special counsel to investigate Russian meddling in the 2016 election, President Donald Trump took to Twitter Thursday morning to pan the decision and paint himself as a victim.

The Right Builds an Alternative Narrative About the Crises Around Trump [NY Times, 5/17/17]: Enemies from within have launched a “deep-state” smear campaign, news organizations are acting with ulterior motives, and the worst attacks are yet to come. Pushing back against the biggest threat so far to Donald Trump’s young presidency, his most fervent supporters are building alternative narratives to run alongside the “establishment” media account — from relatively benign diversions to more bizarre conspiracies.

Trump's Justice [Slate, 5/17/17]: Neil Gorsuch will be the enduring symbol of a disastrous presidency.

Pence Takes Steps to Build War Chest as White House Stumbles [Bloomberg, 5/17/17]: While President Donald Trump’s White House grapples with the fallout from his firing of the former FBI director, Vice President Mike Pence has taken steps to begin building his own political war chest.

Trump campaign had at least 18 undisclosed contacts with Russians – sources [Reuters, 5/18/17]: Michael Flynn and other advisers to Donald Trump’s campaign were in contact with Russian officials and others with Kremlin ties in at least 18 calls and emails during the last seven months of the 2016 presidential race, current and former U.S. officials familiar with the exchanges told Reuters.

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:

Vulnerable Republicans flee from Trump [Politico, 5/18/17]: House Republicans facing tough reelection bids are running for cover from Donald Trump — an early sign that they believe the president’s deepening scandals could cost them their seats and even put the House in play.

Conservatives begin to whisper: President Pence [Politico, 5/17/17]: Not since the release of the Access Hollywood tape, in which Donald Trump bragged about groping women by the genitals, have some conservatives thought so seriously, if a bit wistfully, about two words: President Pence. 

Stepping Up: How Governors Who Have Succeeded to the Top Job Have Performed Over the Years [Sabato’s Crystal Ball, 5/18/17]: 2018 could see a number of successor governors running for full terms in office.

Ratings Changes and Some “Special” Updates [Sabato’s Crystal Ball, 5/18/17]: Tweaks to Senate, gubernatorial, and House races.

Tom Steyer testing waters for California gubernatorial bid [The Hill, 5/16/16]: Wealthy environmental activist Tom Steyer is taking steps toward joining the race to become California's next governor, fielding a survey that tests his strengths and weaknesses in an increasingly crowded Democratic field.

Former FBI director Mueller appointed as special counsel in Russia investigation [Jurist, 5/18/17]: Deputy Attorney General Rod Rosenstein issued the order in place of Attorney General Jeff Session who recused himself after admitting he had failed to disclose meetings he had with a Russian ambassador while he was serving as an advisor to the Trump campaign. 

Meet Robert Mueller, the former San Francisco lawyer chosen to lead the Trump-Russia investigation [LA Times, 5/17/17]: Former FBI Director Robert S. Mueller III, appointed independent special counsel to investigate Russian meddling in the 2016 election on Wednesday, has long enjoyed respect from both Democrats and Republicans.

Legislation and the Legislative Process (TOPIC 20)

'Blue slips' give Democrats power over Trump's court nominees [Wash Times, 5/17/17]: President Trump hopes to have the rest of his first slate of federal appeals court judges seated by June, but his advisers increasingly are worried that Democrats may use an obscure tactic to try to block some of them through what is called a “soft filibuster.”

Trump’s Man in Congress: Few on Capitol Hill are closer to President Trump than Bakersfield’s Rep. Kevin McCarthy [CalMatters, 5/17/17]: On paper, McCarthy is the second-most powerful member in the House after Speaker Paul Ryan, but in reality, no politician has more clout with the Trump White House than he does.

House Oversight Panel Invites Comey to Testify on Trump Interference [CNS, 5/17/17]: The House oversight committee said Wednesday that it will hold a May 24 hearing to investigate if President Donald Trump interfered in the FBI probe of former NSA Chief Michael Flynn and Russia’s meddling in the 2016 election. Former FBI Director James Comey will testify.

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:

Pundits Call Ohio Harassment Law Anti-Free Speech [CNS, 5/18/17]: Liberal political commentators teamed up with conservative activists in a federal lawsuit challenging the constitutionality of Ohio’s new law against online harassment, claiming it criminalizes protected speech.

Stripping Down at an Airport Is Not Constitutionally Protected Speech [CNS, 5/18/17]: In a far from surprising ruling, the Ninth Circuit on Tuesday refused to review a man’s complaint that stripping naked at a TSA checkpoint at Portland International Airport and refusing to put his clothes back on was constitutionally protected speech.

Supreme Court Justice Sounds Alarm On Speech, Religious Liberty [CBS Philly / AP, 5/17/17]:  Supreme Court Justice Samuel Alito has told graduates at a historic Roman Catholic seminary near Philadelphia freedom of religion and freedom of speech are essential to a democracy and are under threat in the United States.

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]

Iraq after ISIS: Urgent Legal Reforms Needed [Jurist, 5/17/17]: Military achievements must be reinforced by legal reforms which will prevent the justification of an oppressive presence of any extremist force which will work to the detriment of the Iraqi people in future. These reforms should be conducted in two phases: the amendment of the constitution and the obtainment of support for the establishment of a strong constitutional court. These reforms are aimed towards achieving political, security and economic stability in Iraq.
US: Immigrant arrests soar under Trump, fewer deported –[AP, 5/17/17]: Arrests of immigrants suspected to be in the U.S. illegally soared in the early months of the Trump administration, in part because of a surge in the detention of immigrants who have no criminal convictions, officials announced Wednesday.



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