Posts for June 16, 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:
86 percent of
low-income Americans' civil legal issues get inadequate or no legal help, study
says [ABA Journal,
6/14/17]: A new report
reveals the extent of the “justice gap” experienced by low-income Americans.
Polemicists in Robes [Slate, 6/15/17]: The president's latest batch of bomb-throwing
judicial nominees will transform the federal bench for generations to come.
Why there should be cameras in the Supreme Court
[LA Times, 6/15/17]: aw professor Eric J.
Segall has this essay online.
Justice Neil Gorsuch offers early clues to Supreme Court
tenure [USA Today, 6/15/17]: In his
questions from the bench, his first unanimous opinion and his role in choosing
cases to hear next term, the 49-year-old Coloradan has begun to show that
he can stand out from the crowd — and stand up for the brand of
judicial restraint that earned him enthusiastic support from conservatives and
a nomination from President Trump.
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:
Texas governor signs controversial adoption bill into law
[Jurist, 6/16/17]: exas Governor Gregg Abbot
signed an adoption bill into law on Thursday that allows adoption agencies
receiving public funding to refuse to place children in adoptive families or
foster homes that conflict with the agencies' religious beliefs. The bill
passed in the Senate in May. The law states, "A child welfare services
provider may not be required to provide any service that conflicts with the
provider's sincerely held religious beliefs."
The
American Presidency [TOPIC 15]
Emoluments clause
lawsuits against Donald Trump face uphill battle [ABA Journal, 6/15/17]: One of the most obscure and least-litigated clauses in
the U.S. Constitution is about to get a lot of scrutiny from the federal
judiciary. And the repercussions for President Donald Trump could be
huge—provided the lawsuits can get past some significant procedural hurdles.
White House aides fret over Trump’s Russia probe
obsession [Politico, 6/15/17]: Trump, for months, has bristled almost
daily about the ongoing probes. He has sometimes, without prompting, injected.
“I’m not under investigation” into conversations with associates and allies. He
has watched hours of TV coverage every day — sometimes even storing morning
news shows on his TiVo to watch in the evening — and complained nonstop.
Feinstein wants Comey back on the Hill — and will back a subpoena if
necessary [Politico, 6/15/17]: Sen. Dianne Feinstein, the top Democrat on
the Senate Judiciary Committee, wants former FBI Director James Comey to return
to Capitol Hill to testify before her panel — and says Democrats are willing to
back a subpoena for Comey if he refuses.
Trump Hits Rewind on US-Cuba
Normalization [CNS, 6/16/17]: Rolling back the clock at a theater named after the leader of a
disastrous plot to overthrow Fidel Castro, President Donald Trump is set Friday
to reverse historic U.S.-Cuban normalization.
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:
Calif. Democrats pass new recall rules, Republicans cry foul [AP, 6/15/17]: Democratic lawmakers voted Thursday to change the rules governing recall elections in an effort to save one of their own members, despite protests by Republicans that the move amounts to "blatant electioneering."
Legislation and the Legislative
Process (TOPIC 20)
After the shooting, back to bickering at White House,
Congress [McClatchy, 6/15/17]: A familiar pattern on Capitol Hill
repeated itself Thursday: A shocking, tragic incident occurs. Lawmakers gather
together and pray. Then suddenly it’s raw, partisan business as usual.
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
Can Cops Use Force With Impunity When They've Created
an Unsafe Situation? [Slate, 6/15/17]:
A recent Supreme Court decision suggests they can; That's bad for the public
and for police.
Lee Boyd Malvo and the
case against juvenile life sentences [Baltimore Sun editorial, 6/15/17]: Lee Boyd Malvo,
who at 17 plunged the capital region into
terror through a series of random, sniper style attacks he carried out with
John Allen Muhammad, presents a difficult case for those who believe life
sentences without the possibility of parole are inappropriate for those who
were juveniles at the time of their crimes.
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:
The Espionage Act at the 100 Year Mark [Concurring
Opinions, 6/16/17]: Today marks the 100th anniversary of the Espionage Act of 1917. It is astonishing
how contemporary the debate in 1917 sounds in today’s environment.
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:
Ginsburg's Surprisingly Retro Feminism [Bloomberg, 6/14/17]: The justice's
anti-discrimination ruling this week follows her usual script but in the end
burdens women.
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