Posts for June 15, 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:
Senators Grill Trump Judicial Nominees On Provocative Blog
Posts [NPR’s “Morning Edition” / Wash
Examiner, 6/15/17]: "The Case of the Bloviating Bloggers."
That might be an apt title for the mini-drama that took place Wednesday when
two judicial nominees came before the Senate Judiciary Committee, among the
first batch President Trump has sent to the Senate for confirmation.
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:
The Limits of Reading Law
in the Affordable Care Act Cases [“Legal Theory blog” / “ThinkProgress” blog,
6/13/17]: This essay uses Justice
Scalia's dissents in NFIB v. Sebelius and King
v. Burwell to explore the nature and limits of his success in leading a
movement to tether statutory interpretation more closely to statutory
text.
The
American Presidency [TOPIC 15]
Judges keep a very close eye on Trump [CNN, 6/14/17]: President Donald Trump has for months belittled
federal judges on social media and tried to undermine their legitimacy in the
public eye. In a recent
string of rulings against the administration's travel ban, judges have offered
an implicit rejoinder by asserting their independence and authority to limit
the executive branch.
In defensive move, Trump
extends effective date of travel ban order [USA Today / Politico, 6/14/17]: President Trump signed an order rebooting the
effective date of his travel ban Wednesday to ensure that it still
would suspend travel from six predominantly Muslim nations for 90 days if the
Supreme Court lifts injunctions that have blocked its implementation.
Special counsel is investigating Trump for possible
obstruction of justice, officials say [Wash Post, 6/14/17]: The move
by special counsel Robert S. Mueller III to investigate Trump’s conduct marks a
major turning point in the nearly year-old FBI investigation, which until
recently focused on Russian meddling during the presidential campaign and on
whether there was any coordination between the Trump campaign and the Kremlin.
Investigators have also been looking for any evidence of possible financial
crimes among Trump associates, officials said.
Nearly 200 Democratic
lawmakers sue Trump for accepting foreign payments [Jurist, 6/14/17]: Nearly 200 Democratic Senators and House members
have filed a lawsuit against President Donald Trump for allegedly accepting
foreign payments and gifts, breaching a clause of the Constitution. The
Emoluments Clause of the Constitution prohibits any individual holding office
from accepting "any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State" without the consent of
Congress.
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:
Dems Start With Edge in Virginia Gubernatorial Race [Sabato’s Crystal Ball, 6/15/17]: Setting the scene after Northam, Gillespie capture nominations.
GA-6 Special: Still
on the Razor’s Edge [Sabatos’ Crystal Ball, 6/15/17]:
Beware sweeping conclusions from a
race that could feature a very close outcome.
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
Manslaughter Charges in Flint Water Crisis [CNS,
6/14/17]: Michigan Attorney General Bill Schuette on Wednesday charged the head
of the state health department with involuntary manslaughter for his role in
the Flint water crisis and related Legionnaires’ disease outbreak.
Full Sixth Circuit to Decide Fate of Ohio Executions
[CNS, 6/14/17]: The en banc Sixth Circuit heard arguments Wednesday over Ohio’s
three-drug lethal injection procedure, as over two dozen death-row inmates
await word on the status of their executions.
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:
A Yearbook
to Remember [Newseum, 6/14/17]: A New Jersey high school is facing
retaliation from its students and parents after Trump-related quotes and
clothing items were edited out of the yearbook.
“Docs v.s Glocks”
Ends With a Bang [Newseum, 6/14/17]: Florida did not appeal a law struck down by
a judge restricting doctors from asking patients about gun ownership. Doctors
argued that the law violated their free speech.
Remaining Faithful to
Free Speech and Academic Freedom [Justia,
6/15/17]: Professor Amar laments recent instances of censored speech,
particularly on university campuses, and reminds us that freedom of speech and
academic freedom protect even those speakers whose message might be perceived
odious, racist, sexist, or hateful. Amar points out that both freedom of speech
and academic freedom are rooted in the principle that ideas and arguments ought
to be evaluated on their substance and that the essence of both kinds of
freedom is the opportunity to persuade others of the merits of one's argument,
rather than the use of power to coerce or silence others.
A church-state case may be an early test for Neil
Gorsuch [The Economist, 6/14/17]: The
Supreme Court nominee has emphasised the secular value of religious rites. The
case is Bormuth v. County of Jackson.
Ninth Circuit Reverses Its Own Commercial
Speech Ruling [CNS, 6/14/17]:
Reversing its earlier ruling on a free speech challenge to California's ban on
compensating retailers for advertising alcohol products, an en banc Ninth
Circuit on Wednesday potentially handed final say on the issue over to the U.S.
Supreme Court.
Can Blocking Someone
on Twitter Be Unconstitutional? [Newseum, 6/13/17]: With the help of legal scholars at Columbia
University, Twitter users threaten to sue Trump for blocking them from
following his Twitter account.
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:
Gov. Brown, Democrats to require school districts to give
greater access to unions [EdSource, 6/14/17]: Gov. Jerry Brown and
Democratic leaders in the Legislature agreed to include language in the 2017-18
state budget that will require school districts, cities and other government
agencies to give their employee unions regular opportunities to meet and sign
up new workers.
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