Posts for July 5, 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.
The Star-Spangled
Banner Verse You've Probably Never Heard [NPR, 7/4/17]: Many Americans have no idea there are actually four
official verses to the "Star-Spangled Banner" — and even fewer know
about a little-known, unofficial fifth verse,
written a half century later by poet Oliver Wendell Holmes. It goes like this
….
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:
Little guys' won big at Supreme Court this year [USA Today, 7/4/17]: One of the toughest criticisms leveled
against Supreme Court Justice Gorsuch during his confirmation hearings in March
was that he frequently ruled against the "little guy." Not
so the Supreme Court — at least, not so much this year.
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 Second Amendment Issue the Supreme Court Can't
Avoid [Politico, 7/4/17]: The court
chose not to hear a major case on concealed weapons, but pressure is mounting
to remove state barriers.
Federal appeals court rejects EPA attempt to postpone
protections against methane leaks [Jurist,
7/5/17]: The US Court
of Appeals for the District of Columbia Circuit on Monday ruled 2-1 that the Environmental
Protection Agency (EPA) [official website] cannot suspend a rule requiring oil
and gas companies to fix and reduce methane leaks in their equipment.
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:
The Death Rattle of
White Christian America [The Atlantic, 7/5/17]: Two-thirds of those who voted for the president felt his election was
the "last chance to stop America's decline." But his victory won't
arrest the cultural and demographic trends they opposed.
Legislation and the Legislative
Process (TOPIC 20)
Mapping The Potential Economic Effects Of Climate Change [KQED,
6/30/17]: Climate scientists agree that this century is getting much warmer and
that such warming will likely bring economic pain to the U.S., but economists
aren’t sure how much. Now, a team of scientists and economists, writing in the
upcoming issue of the journal Science, says it can at least tell which parts of
the country are likely to suffer the most.
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
When Should
Encouraging Suicide Be a Crime? [Justia, 7/5/17]: Professor Colb comments
on a recent tragic incident in which a young man committed suicide under the
encouragement via text message by his girlfriend. Colb considers whether her
conviction by a Massachusetts judge of involuntary manslaughter was appropriate
and just, and discusses some of the issues that her conviction raises,
including free speech, the right to die, and traditional conceptions of
causation and responsibility.
Florida judge declares 'stand your ground' amendments
unconstitutional [Jurist, 7/4/17]:
The Eleventh
Judicial Circuit Court of Florida ruled on Monday that amendments made to the
state's "stand your ground" laws last month are unconstitutional.
Specifically, Judge Milton Hirsch found that SB 128,
the law in question, violated art. II § 3 of the Florida
Constitution, which prohibits one branch of government from exercising powers
confined to another branch.
California Supreme Court makes it harder for three-strike
prisoners to get sentence reductions [LA Times,
7/4/17]: dges have broad authority in refusing to lighten the sentences
of “three-strike” inmates, despite recent ballot measures aimed at reducing the
state’s prison population, the California
Supreme Court ruled Monday. In a 4-3 decision,
the court said judges may freely decline to trim sentences for inmates who
qualify for reductions under a 2012 ballot measure intended to reform the
state’s tough three-strikes sentencing law.
The ruling in The People v. Valencia can be found
at:
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:
Free-press groups warn of violence against media [Politico,
7/4/17]: Long accustomed to chronicling threats against the media in other
countries, free press organizations are turning their attention to extreme
rhetoric and threatened violence against reporters at home as President Donald
Trump and his allies ramp up their attacks on the mainstream media.
Fifth Circuit Holds
That Recitation of Mexican Pledge In Spanish Class Not Compelled Student Speech [EdLawProfs blog, 7/5/17]: The
Fifth Circuit held last week that requiring that students perform the
Mexican Pledge of Allegiance as an assignment for a Spanish language class, and
the school's actions afterwards, did not violate the First Amendment.
You can read the
decision in Brinsdon v. McAllen Independent Sch. Dist. at:
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:
Independence Day: The
Texas Supreme Court Refuses to Hold That the Federal Constitutional Right of
Same-Sex Couples to Marry Has Full Force in Texas [Justia,
7/4/17]: Professors Grossman and Carpenter comment on a recent decision by the
Texas Supreme Court in which it refuses to give effect to the U.S. Supreme
Court’s ruling in Obergefell v. Hodges, which
recognized a constitutional right of same-sex couples to marry. Grossman and
Carpenter explain why the Texas court’s decision was clearly wrong and why
factors other than merits might have (though they should not have) affected the
ruling in that case.
Ousted Lufthansa Pilot Loses Age-Limit Dispute [CNS, 7/4/17]: A pilot whose job Lufthansa terminated when he
turned 65 failed Wednesday to sway the European Court of Justice that the
airline discriminated against him.
Latino Umpire Calls Foul Over
MLB Promotions [CNS, 7/5/17]: A Cuban-born baseball umpire claims in
a federal discrimination lawsuit that Major League Baseball routinely denies
promotions to Latino umpires under its chief baseball officer, who is accused
of holding a grudge since his days as manager of the Yankees.
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