Posts for May 19, 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:
Teaching Famous
Federal Trials [ABA. 5/18/17]: The materials on these cases, while designed
for teachers, are valuable resources for all seeking to learn more about the
role the federal judiciary has played in our nation’s history.
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:
Free Resources for Gun Violence Awareness Day
on June 2 [ABA, 5/17/17]: June 2 is a national day set aside to
focus on gun violence. Recognizing the importance of addressing the epidemic of
gun violence in communities across our nation, the American Bar Association
Division for Public Education in collaboration with the medical and health
communities, produced a timely resource on this critical topic.
The
American Presidency [TOPIC 15]
A Primer on
Impeachment (With Special Attention to the Recent Allegations of
Interference by President Trump in the Flynn/Russia Investigation)
[Justia, 5/19/17]: Professor Amar explains a few
basics about the presidential impeachment process. Amar points out that
impeachable conduct does not need to violate criminal statutes, that
presidential participation in pending investigations isn’t necessarily wrong
(but can be), and that not all “high crimes and misdemeanors” must lead to
impeachment.
Trump meets with lawyers at the White House [Politico,
5/18/17]: One White House official said the discussion, which came the day before
Trump leaves for his first trip abroad since taking office, centered around the
nuts and bolts of how the investigation would work – and how the administration
will need to handle the inquiry.
Trump calls appointment of special prosecutor 'the single
greatest witch hunt' [Politico,5/18/17]: President Donald Trump on Thursday
blasted the appointment of Robert Mueller to be the special prosecutor
overseeing the investigation into Russia’s meddling into the 2016 election,
calling the probe “the single greatest witch hunt of a politician in American
history.”
What did Mike Pence Know? [CNN, 5/18/17]: Vice President Mike Pence is
standing by a March statement that he first learned of now-fired national
security adviser Michael Flynn's ties to Turkey from media reports, despite
renewed scrutiny and revelations President Donald Trump's transition team was
made aware far earlier.
Senate Democrats reject Lieberman for FBI director [Politico,
5/18/17]: President Donald Trump may be dramatically miscalculating how much
support Sen. Joe Lieberman would have among his former Democratic colleagues if
nominated to become FBI director.
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:
CA120: Will those new 2016 voters return for the
midterms? [Capitol Weekly, 5/18/17]: History tells us that
presidential-year new voters are likely to skip mid-term elections. Will the
new voters of 2016 be any different? The answer to that question could have a
profound impact on the 2018 elections.
Legislation and the Legislative
Process (TOPIC 20)
House May Need to Vote Again on GOP Obamacare Repeal Bill [Bloomberg,
5/19/17]: House Republicans barely managed to pass their Obamacare repeal bill
earlier this month, and they now face the possibility of having to vote again
on their controversial health measure.
Chaffetz to Resign,
Raising Doubts About Trump Probe [CNS,
5/18/17]: Rep. Jason Chaffetz announced Thursday he will resign from Congress
next month, saying a “mid-life crisis” compelled him to step away from his
chairmanship of the House Oversight Committee as it is poised to launch an
investigation into President Donald Trump’s firing of the FBI director.
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
California Tackles Making Traffic
Tickets a Civil Matter [CNS, 5/18/17]: At Thursday’s meeting of
California’s Judicial Council, Chief Justice Tani Cantil-Sakauye said she would
prioritize improving resources for self-represented litigants, making some
court services technology-based, and moving traffic cases out of criminal court
over the next 10 years.
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:
Free Speech on Campus: Trigger Warnings, Safe Spaces, and Controversial
Speech at U.S. Colleges [“Bill of Rights in Action” from
CRF, 5/18/17]:
1st
Amendment Center’s David L. Hudson Releases New Book on Freedom of Speech [Newseum,
5/18/17]: hat defines “freedom of speech”—in public
schools; on the Internet? What constitutes libel? How have our rights regarding
freedom of speech changed over the years? Find the answers to these questions
and more in Documents Decoded: Freedom of Speech.
Trump
administration withdraws data from public [FAC, 5/18/17]: To shield companies and employers from public
criticism, the Trump administration is failing to publish government data
relating to such issues as workplace violations, energy efficiency and animal
welfare abuses. In addition, it no longer publishes data concerning climate
change or the ethics waivers for appointees who would otherwise be prevented
from taking government jobs given recent lobbying activities.
Meeting with Comey: Press
reports alleged Trump threat to reporters [FAC, 5/18/17]: It’s alleged that Trump said in his meeting with then
FBI director James Comey not only that Comey not investigate former national
security adviser Michael Flynn, but also that something be done about the
“pesky press,” specifically putting reporters in jail for publishing classified
information.
Federal
Appeals Court Reinstates Inmate’s 1st Amendment Retaliation Claims [Newseum,
5/18/17]: The Third Circuit recognizes that prisoners do not forfeit all of
their free-speech rights behind bars.
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:
14th Amendment Panel Discussion Video [AA Journal, 5/3/17]:
The 2017 Leon Jaworski public program focused on the Fourteenth
Amendment and its role—past, present, and future—in transforming American
democracy. Panelists discussed a variety of topics, including key cases,
legislation, and issues related to the Fourteenth Amendment.
The Simple Answer to Judge
Paez's Question about Korematsu [“Lawfare” blog, 5/19/17]: During oral
arguments in the Fourth and Ninth Circuits,
judges attempted to draw analogies between President Trump's travel ban
and Korematsu v. United States (1944).
Judge Richard Paez, for example, asked Solicitor General Wall whether the
"Korematsu executive
order would pass muster under your test," because it is "facially
legitimate." This question, which at first seems to bolster the
challengers’ case, in fact supports the government’s defense.
Oregon becomes second state to ease transgender ID
changes [Jurist, 5/19/17]: The law allows transgender Oregon residents to amend their
name and gender identification by filling out a form rather than having to post
a public notice in the county clerk's office and petition a court.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Trump administration confirms renegotiation of NAFTA
[Jurist, 5/19/16]: US Trade Representative Robert
Lighthizer sent a letter to Congress Thursday communicating the
Trump administration's intention to begin the process of re-negotiating the North
American Free Trade Agreement (NAFTA) [text, PDF]. NAFTA is an international trade
agreement between the US, Mexico and Canada, and has been in place since 1994.
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