Posts for June 30, 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:
Justice Alito and the
Government Speech Doctrine [Newseum,
6/29/17]: Justice Samuel Alito has flexed his judicial muscles most prominently
on the government speech doctrine, a prominent concept in many First Amendment
free-speech cases. While he has been on the Court a little more
than a decade, he already has authored several prominent opinions delving into
the contours of this important concept in free-speech jurisprudence.
Republicans call on
Ginsburg to recuse herself in travel ban case [ABA Journal, 6/29/17]: Fifty-eight Republican lawmakers are calling on
Justice Ruth Bader Ginsburg to recuse herself in the travel ban case that will be argued before the U.S. Supreme Court.
The lawmakers sent a letter to Ginsburg saying she should recuse herself
because of critical comments she made about Donald Trump during the
presidential campaign. Ginsburg said Trump is “a faker” who “has no consistency
about him.”
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:
Judge blocks California's high-capacity magazine ban [AP,
6/30/17]: A federal judge on Thursday blocked a California law set to take
effect Saturday that would have barred gun owners from possessing high-capacity
ammunition magazines. The judge ruled that the ban approved by the Legislature
and voters last year takes away gun owners' Second Amendment rights and amounts
to the government taking people's private property without compensation.
Climate Change Likely to Increase US Income Inequality
[CNS, 6/30/17]: Climate change research predicts increased income inequality in
the United States, with poor states in the Southeast and Midwest facing severe
economic damage, while richer areas could stand to benefit.
The
American Presidency [TOPIC 15]
The Media Criticism Continues On [Newseum, 6/28/17]: The battle
between the media and Trump’s White House escalates.
A Summary and
Analysis of the Nixon Tapes Case That Still Governs Important Aspects of
“Executive Privilege” Today [Justia, 6/30/17]: Professor Amar explains the
U.S. Supreme Court’s seminal decision in United States v. Nixon and
explains how it might affect the Trump administration in light of various
ongoing investigations. Amar provides a brief summary of the Court’s holding in
that case, calls attention to some weaknesses in its reasoning, and anticipates
what issues might present themselves again.
Trump’s tawdry tweets have become the new normal [SF
Chron, 6/30/17]: For anyone still wondering whether President Trump would tone
down his personal attacks in response to perceived slights as he settled in the
White House, his tweets Thursday mocking a female cable news host seem to have
provided an answer.
Trump further disrupts Obamacare repeal efforts [Politico,
6/30/17]: Just three days after running a widely praised meeting among GOP
senators devoted to repealing Obamacare, President Donald Trump threw Senate
Majority Leader Mitch McConnell's already ailing bill into further chaos
Friday.
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:
Legislation and the Legislative
Process (TOPIC 20)
Dazed GOP bolts Washington in health care disarray [Politico,
6/29/17]: Senate Republicans skipped town on Thursday afternoon facing stiff
internal opposition to their health care proposal and a Fourth of July recess
in which critics will pummel their effort to repeal Obamacare.
Committee unexpectedly opens door to Rep. Barbara Lee's
push to end military force authorization [SJ Merc, 6/29/17]: In
September 2001, Rep. Barbara Lee (D-Oakland) was the only member of Congress to
object to an Authorization for the Use of Military Force, a resolution in
response to the terrorist attacks that paved the way for the war in
Afghanistan.
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:
First Amendment Center Launches Podcast [Newseum, 6/29/17]: The “First Five” will focus on how
the five freedoms of the First Amendment work–and what you can do to protect
them. Can your boss fire you because of your political views? Can a
journalist publish stolen information? Can a university ban a controversial
speaker? Learn the answers to these questions and more by listening to “The First Five.”
Results of 2017 “State of the First Amendment” Survey
Released [Newseum, 6/29/17]: Nearly
one quarter of Americans say the First Amendment goes too far in the rights it
guarantees.
Is the “Wall” Between
Church and State Starting to Crumble? [Newseum, 6/28/17]: Supreme
Court rules in favor of religious institutes in a Church vs. State case.
Some First Amendment
update articles from The Newseum [6/30/17]:
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:
Baker in Supreme Court
wedding cake case says 'I don't judge' [ABC News, 6/29/17]: The baker who refused to make a wedding cake for a gay couple tells
"The View" exclusively in an interview airing Friday that he doesn't
"judge people ... I just don't make cakes for every event."
Federal appeals court upholds North Carolina same-sex
marriage recusal law [Jurist,
6/30/17]: The US Court
of Appeals for the Fourth Circuit Wednesday upheld
North Carolina's Senate Bill 2, which allows magistrates to refuse to
perform same-sex marriages if doing so would conflict with their religious
beliefs. The court ruled that the plaintiffs, three couples, did not have
standing to bring the case because they could not claim that the law hindered
their marriages, and the plaintiffs claimed instead that the law affected them
as taxpayers.
Germany parliament votes to legalize same-sex marriage [Jurist, 6/30/17]: The lower house of the German
Parliament voted 393-226 Friday to legalize same-sex marriage. The decision
came shortly after Chancellor Angela Merkel changed her conservative
stance on the issue.
Eighth Circuit Holds
That Private School Student with Special Needs Entitled to FAPE Under Minnesota
Law [EdLawProfs
Blog, 6/30/17]: Although the Individuals with Disabilities Education Act
(IDEA) does not guarantee a right to special education services for
private school students with disabilities, the Eighth Circuit recently held
that Minnesota law does require public school districts to provide a free
appropriate public education (FAPE) for private school students, as well as the
right to dispute the provisions of special education services in an impartial
due process hearing.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Travel ban, with qualification, is underway again after
Supreme Court ruling [SF Chron / Jurist, 6/29/17]: Visitors from six
predominantly Muslim countries and refugees from around the world lost their
ability to gain permission to enter the United States starting Thursday evening
unless they could prove a “bona fide relationship” to the country, the latest
step in a historic fight over the Trump administration’s travel ban that is
playing out in the courts.
Hawaii Challenges
Travel Ban’s Family Rules As Partial Ban Begins [CNS, 6/30/17]: Hawaii’s attorney general filed an emergency motion
Thursday asking a federal judge to clarify the scope of a preliminary injunction he placed on President Donald Trump’s travel ban in
March.
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