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.
http://thehill.com/homenews/state-watch/333938-tom-steyer-testing-waters-for-calif-gubernatorial-bid
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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