Posts for July 20, 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 (5^th ed.) student textbook.

I. Introduction to Law, the Constitution, and the Supreme Court [See TOPICS 1-10 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Sandra Day O'Connor Conversation Featuring Associate Justice Elena Kagan [Aspen Institute and YouTube, 7/12/17]: To honor Aspen Institute Lifetime Trustee and retired U.S. Supreme Court Associate Justice Sandra Day O’Connor, the Justice & Society Program has created the Sandra Day O’Connor Conversation series. T

https://www.youtube.com/watch?v=x6DooGgiTtE

Why the Supreme Court needs 18-year term limits [LA Times essay, 7/18/17]:

http://www.latimes.com/opinion/op-ed/la-oe-feuer-supreme-court-term-limits-anthony-kennedy-20170718-story.html

II. Defining the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5^th edition of Constitutional Law] Here are recent articles that are relevant to this unit:

The American Presidency [TOPIC 15]

Presidential Obstruction of Justice [SSRN article, 7/19/17]: Federal obstruction of justice statutes bar anyone from interfering with law enforcement, including official investigations, based on a “corrupt” motive. But what about the president of the United States? 

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3004876

Letting Obamacare Fail Would Break Trump's Oath [Bloomberg, 7/19/17]: It's a violation of the Constitution to intentionally kill a valid law.

https://www.bloomberg.com/view/articles/2017-07-19/letting-obamacare-fail-would-break-trump-s-oath

Presidential Revisionism [Slate 7/17/17]: The New York Times published the flimsiest defense of Trump's apparent emoluments violations yet.

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/07/the_new_york_times_published_the_flimsiest_defense_of_trump_s_apparent_emoluments.html

The Senate Is About To Confirm A Federal Judge Who Compared Abortion To Slaver [Huff Post / Roll Call / Metro Weekly, 7/19/17]:  NARAL is pressuring five GOP senators to help sink John Bush's nomination.

http://www.huffingtonpost.com/entry/john-bush-judge-trump-abortion_us_596f960be4b01696c6a239f6

http://www.rollcall.com/news/politics/john-bush-nomination-exposes-partisan-divide

http://www.metroweekly.com/2017/07/senate-paves-way-confirmation-anti-lgbtq-judge-6th-circuit/

The travel ban case:

Supreme Court allows Trump travel ban enforcement, but says it must allow broader exemptions for relatives [Wash Post / Reuters / AP / Jurist, 7/19/17]: The Supreme Court on Wednesday brokered a new compromise over President Trump’s travel ban, saying the government for now may enforce tight restrictions on refugees but also must make it easier for people from six mostly Muslim countries to enter the United States.

https://www.washingtonpost.com/politics/courts_law/supreme-court-allows-trump-travel-ban-enforcement-but-says-it-must-allow-broader-exemptions-for-relatives/2017/07/19/6945e01e-6bf8-11e7-96ab-5f38140b38cc_story.html

http://www.reuters.com/article/us-usa-immigration-court-idUSKBN1A420D

http://hosted.ap.org/dynamic/stories/U/US_TRUMP_TRAVEL_BAN

http://www.jurist.org/paperchase/2017/07/supreme-court-exempts-grandparents-from-enforcement-of-travel-ban.php

The Supreme Court's Travel Ban [“Take Care” blog, 7/19/17]:  The Supreme Court is now a co-owner and co-author of the travel ban. That grows truer every time it tinkers with minutiae of this cruel, unjustified policy. And with that position comes major institutional risk to the Supreme Court’s public legitimacy.

https://takecareblog.com/blog/the-supreme-court-s-travel-ban

How to reboot Trump after failing fast in his first 6 months [SF Chron, 7/19/17]: President Trump has been in the White House for exactly six months, and in that time he’s torched the most precious thing a new president gets: his honeymoon. Instead, Trump looks more like he needs marriage counseling. To be charitable, as they say in Silicon Valley, the president has failed fast. He needs a reboot. And we’re here to help.

http://www.sfchronicle.com/aboutsfgate/article/How-to-reboot-Trump-after-failing-fast-in-his-11300842.php

III. The Political System: Voting and Campaigns [See TOPICS 16-20 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

For House Republicans, Past Performance Is No Guarantee of Future Results [Sabato’s Crystal Ball, 7/20/17]: What recent midterms tell us about how members of the presidential party fare.

http://www.centerforpolitics.org/crystalball/articles/for-house-republicans-past-performance-is-no-guarantee-of-future-results/

We disrupted the U.S. Supreme Court to protest money in politics [Medium.com, 7/14/17]: “In April of 2015, four friends and I disrupted the U.S. Supreme Court on the anniversary of McCutcheon v. FEC (one of many decisions gutting restrictions on political donations) to remind the court of its duty to uphold the principle of “one person, one vote.” We face a sentence of 10–16 months in prison and $100,000 fine. We’ll be sentenced Monday, July 24th.”

https://medium.com/@mattkresling/we-disrupted-the-u-s-601a96d947b5

Democrats hurt by gerrymandered congressional districts, but not in California [CalMatters, 7/20/17]:  Belatedly – and only after they had lost control of Congress to Republicans – the national Democratic Party grasped the impact of how state legislatures redraw congressional districts after each decennial census.

https://calmatters.org/articles/democrats-hurt-gerrymandered-congressional-districts-not-california/

Not easy for Democrats to use health care vote to win back House [SF Chron, 7/19/17]: Democratic strategists say the Republican failure to repeal and replace the Affordable Care Act will have repercussions in California’s 2018 election, and the potential victims are nine House Republicans who voted for the GOP plan and are being targeted by the Democrats. But that wishful thinking may be premature at this point.

http://www.sfchronicle.com/politics/article/Not-easy-for-Democrats-to-use-health-care-vote-to-11300968.php

California extends environmental legislation [Jurist, 7/19/17]: California Governor Jerry Brown has been credited with pushing through legislation Monday to extend the state's cap and trade program another 10 years.

http://www.jurist.org/paperchase/2017/07/california-extends-environmental-legislation.php

Legislation and the Legislative Process (TOPIC 20)

The staying power of Nancy Pelosi [Capitol Weekly, 7/19/17]: In the end, it all comes down to following the money – about $568 million and counting. Nancy Pelosi, the minority leader of the House and former speaker, is no stranger to criticism and this year is no different. 

http://capitolweekly.net/nancy-pelosi-staying-power/

California Considers Bill to Regulate (But Not Prohibit) Child Marriage [Justia, 7/19/17]: Professor Colb comments critically on a California bill that would regulate (but not prohibit) child marriage. Colb argues that the law, which in its current proposed form would allow parents and courts to give consent for a minor child to marry, disregards important norms about children’s rights and the importance of real consent to a sexual relationship.

https://verdict.justia.com/2017/07/19/california-considers-bill-regulate-not-prohibit-child-marriage

Skelton: Brown's climate-change deal is how complex legislation gets passed. Was the White House watching? [LA Times, 7/19/17]: One particular message to the agriculture industry was simple: You want Gov. Jerry Brown to be a friend or an enemy the rest of his term? Friends will support his climate change legislation, it was made clear.

http://www.latimes.com/politics/la-pol-sac-skelton-cap-and-trade-climate-change-california-bipartisan-vote-20170720-story.html

Health Care

AP-NORC Poll: Most say feds should ensure health coverage [AP, 7/20/17]: A new poll suggests the country may be shifting toward the political left on the issue, with 62 percent saying it's the federal government's responsibility to make sure that all Americans have health care coverage, while 37 percent say it is not.

http://hosted.ap.org/dynamic/stories/U/US_AP_POLL_HEALTH_OVERHAUL_PEOPLES_CHOICE

IV. Criminal Law and Procedure (4^th, 5^th, 6^th, and 8^th amendments) [See TOPICS 21-28 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit

V. 1^st Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit:

Hate Will Find a Way [Newseum, 7/20/17]: On this episode of the First Five, we explore different approaches that social media platforms have used to deal with online hate speech.

http://www.newseuminstitute.org/2017/07/20/16812/

Is Hate Speech Violent By Nature? [Newseum, 7/18/17]: Northeaster University Professor scientifically studies how hate speech is imminently violent no matter what words are used or the context it’s given. 

http://www.newseuminstitute.org/2017/07/18/is-hate-speech-violent-by-nature/

Belle Plain, Minnesota, Believes in Religious Freedom—But Maybe Not for Satanists [Newseum, 7/18/17]: A town in Minnesota opens its park up as a free speech and religion zone. 

http://www.newseuminstitute.org/2017/07/18/church-vs-state-will-it-ever-be-resolved/

So When Will Religious Organizations Choose Not to Discriminate? [Justia, 7/20/17]: Professor Hamilton comments on a recent decision by the U.S. Court of Appeals for the Second Circuit in which it held that a female principal of a Catholic school has no legal recourse when a priest engages in gender discrimination that would be actionable in any other setting. Hamilton explains that this is a product of the misguided ministerial exception, which is part of a larger, more troubling social pattern of religious entities demanding a right to discriminate and harm others.

https://verdict.justia.com/2017/07/20/will-religious-organizations-choose-not-discriminate

A Prayer for the Real Victims [Slate, 7/19/17]: For Jeff Sessions and the Supreme Court, the battle for Christians' religious liberty is one of the only fights that matters.

http://www.slate.com/articles/news_and_politics/jurisprudence/2017/07/jeff_sessions_is_desperate_to_win_the_fight_for_christians_religious_liberty.html

Ninth Circuit poised to resolve major free speech issue in secret proceeding [Consumer Law & Policy blog, 7/19/17]: The Court has issued an order signed only by the Clerk declaring that a significant free speech issue bearing on the rights of anonymous Internet users will be decided in a totally secret proceeding, involving sealed briefs, a sealed record, and without any help from would-be amici (including Public Citizen) seeking to explain the dangers posed by the proceeding.

http://pubcit.typepad.com/clpblog/2017/07/ninth-circuit-poised-to-resolve-major-free-speech-issue-in-secret-proceeding.html

VI. 14^th Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5^th edition of Constitutional Law] Here are some recent articles that are relevant to this unit: