Posts for May 26, 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:
6th Circuit nominee
wrote more than 400 blog posts under pseudonym; should they sink his nomination?
[ABA Journal, 5/23/17]: In his blog posts. The blogger who identified himself
as “G. Morris” on the blog Elephants in the Bluegrass—who was actually John K.
Bush—called for repeal and replacement of the Affordable Care Act, opposed
public financing of political campaigns, and wrote that the two greatest
tragedies in the United States were slavery and abortion. He also called U.S.
Sen. Ted Cruz a sore loser.
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:
Trump lawyers ask Supreme Court to reject 2nd
Amendment claim by men who lost gun rights over nonviolent crimes [LA Times, 5/25/17]: Trump administration lawyers are
urging the Supreme Court to reject a 2nd
Amendment claim that would restore the right to own a gun for two Pennsylvania
men who were convicted more than 20 years ago of nonviolent crimes.
The
American Presidency [TOPIC 15]
Trump's travel ban
'drips with religious intolerance,' says en banc appeals court; injunction
sticks [ABA Journ. / USA Today / Politico / Jurist / Trial Insider,
5/25/17]: An en banc federal appeals court on
Thursday affirmed a nationwide injunction blocking President Donald Trump’s
revised travel ban from taking effect. The Richmond, Virginia-based 4th U.S.
Circuit Court of Appeals ruled in a 10-3decision/ Trump’s executive
order “speaks with vague words of national security, but in context drips with
religious intolerance, animus, and discrimination,” Chief Judge Roger Gregory
wrote for the majority.
Predicting Donald
Trump’s Presidency [Justia,
5/26/17]: John W. Dean explains the
type-analysis developed by political scientist and presidential scholar James
David Barber, and applies it to President Trump. Dean observes that Trump fits
the Active/Negative type—a type also exhibited by John Adams, Woodrow Wilson,
Herbert Hoover, Lyndon Johnson, Richard Nixon, and George W. Bush. Dean argues
that presidents of this type have had what he describes as “failed
presidencies.”
FBI Russia
investigation looking at Kushner role [CNN, 5/26/17]: The FBI's criminal probe of Russian meddling in the
2016 presidential election is increasingly touching on the multiple roles of
senior White House adviser Jared Kushner on both the Trump campaign and the
Trump transition team.
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:
Are 'Berniecrats' The 'Tea Party' Of The Calif.
Democrats? [CPR, 5/25/17]: California Democrats are experiencing a
case of “be careful what you wish for.” Young activists who backed Bernie
Sanders for President are surging into the party's political process — and now,
they're upending the usual order. Establishment Democrats worry it’s their Tea
Party, while Republicans see new hope.
Supreme Court forced to confront the 'unsavory' politics of
district lines [USA Today / Linda Greenhouse in
the NY Times, 5/25/17]: A Supreme Court that prides itself on trying to
remain above politics will be forced to rule soon on what one justice
calls the "always unsavory" process of drawing election
districts for partisan gain. A case headed its way from Wisconsin, along
with others from Maryland and North Carolina, will present the court with a
fundamental question about political power: How far can lawmakers go in choosing
their voters, rather than the other way around?
What Greg Gianforte's
win in Montana taught Washington [CNN / FAC, 5/26/17]: Looking up at the large projection of vote totals in the ballroom of
the Hilton Garden Inn on Thursday night, Montana Republican Party Chairman Jeff
Essmann looked relaxed and promised, "It ain't gonna be close."
Legislation and the Legislative
Process (TOPIC 20)
Senate Republicans likely
to change custom that allows Democrats to block judicial choices [Wash Post, 5/25/17]: Senate Republicans are threatening to change a custom
that allows Democratic senators to block some judicial choices from their
states, in an effort to speed along a conservative transformation of the
federal judiciary.
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 New Tool That
Could Revolutionize How We Measure Justice [Marshall Project, 5/23/17]: A small nonprofit gathers criminal justice
statistics, one county at a time.
Trump Bump on Sentencing Divides
Criminal-Justice Experts [CNS, 5/25/17]: With federal prison populations
having hit their lowest level in a decade under President Barack Obama,
criminal-justice experts are grappling with the new administration’s push for
tougher sentences.
Alabama prisoner faces eighth execution date amid death
penalty debate [USA Today, 5/25/17]: Thomas
Arthur's luck finally ran out late Thursday night on his eighth date with
Alabama's lethal injection gurney. The Supreme Court denied Arthur's
last-minute petition seeking yet another reprieve with just minutes to go
before he would have survived to fight another round in court. As a result, the
aging Arizona prisoner was executed at 12:15 a.m. CT for a 1982 murder he
claims he did not commit.
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:
Kevin Newsom's Insightful Take on The Slaughter-House
Cases [National Review, 5/25/17]:
Read this reply to this post.
Parents sue San Diego Unified over Islamophobia bullying
policy [SD Union-Trib, 5/23/17]: A legal group and six parents have
filed a lawsuit that challenges the constitutionality of a San Diego Unified
School District plan to protect Muslim students from bullying.
Unions seek injunction on
Kentucky right to work law
[Jurist, 5/26/17]: Two unions, Kentucky State AFL-CIO and Teamsters
Local 89 filed a class action lawsuit on Thursday against the state of Kentucky
and the governor, claiming that Kentucky's "right-to-work" bill
violates the state constitution.
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