Posts for July 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:
Just How Conservative Was
Neil Gorsuch's First Term? [538, 7/25/17]: While the Supreme
Court is off for its summer recess, scholars have been busy trying to decode
the early votes of its newest member, Justice Gorsuch. Where does he sit on the
court, ideologically? How has he affected its political dynamics? And what does
that bode for future cases?
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
American Presidency [TOPIC 15]
Would a Trump
Self-Pardon Precipitate a Constitutional Crisis? [Justia, 7/26/17]: Professor Dorf argues that if President Trump were to pardon
himself, that action itself would not cause a constitutional crisis, but other
actions Trump has already taken have already placed us far along a road to a
constitutional crisis. Dorf defines a constitutional crisis in terms of three
types first articulated by Sanford Levinson and Jack Balkin in a 2009 law
review article, and Dorf proposes a fourth type characterized by defiance of
unwritten norms that are not themselves legal obligations but that undergird
the constitutional system as a whole.
Robert Mueller’s Russia investigation, and why Trump is
so afraid of it, explained [Vox, 7/25/17]: President
Trump is furious with Robert Mueller, the special counsel leading the probe
into the Trump campaign’s alleged collusion with Russia. The president is so
angry, in fact, that he’s hinted at a willingness to fire Mueller if he looks too closely at Trump’s
personal finances.
A Presidential Indictment [Gerard Magliocca in “Concurring Opinions” blog, 7/25/17]: “Perhaps I’m missing something in the discussion of
this issue, but to my mind the question of whether a president can be indicted
is simple–the President can only be indicted by a federal prosecutor if he consents to the indictment.” And he
wouldn’t do that.
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:
Supreme Judicial Court
ruling gives legal cover to sanctuary cities [Boston Globe / Slate, 7/25/17]: The state’s highest court ruled Monday that under
Massachusetts law, local law enforcement officials cannot hold a person who is
wanted solely for immigration violations, a ruling that provides a legal basis
for sanctuary cities to refuse to cooperate with federal officials.
Legislation and the Legislative
Process (TOPIC 20)
Nine Republican Senators Join Democrats
to Vote No on Repeal and Replace [CNS, 7/26/17]: Nine
Republican senators joined all 48 Democrats Tuesday night in rejecting an
amendment that was in fact a Republican replacement of the Affordable Care Act,
dealing a blow to the party’s hopes just hours after it took up legislation to
repeal the health care law.
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:
Conn. High Court
Reverses Woman’s Conviction for Profanity Uttered at Store [Newseum,
7/26/17]: A Connecticut woman who uttered a slew of profanity at a store manager
during a customer service dispute had her conviction reversed by the state high
court.
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:
Trump Restores Military Ban on Transgender
Servicemembers [CNS, 7/26/17]: President Donald Trump took to
Twitter on Wednesday morning to announce the United States will not “allow or
accept” any transgender individuals in the military.
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