Friday, August 11, 2017

Posts for August 11, 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.

Law Day 2018 Theme Announced [ANA, 8/11/17]: The American Bar Association is pleased to announce the theme for Law Day 2018, which is
"Separation of Powers: Framework for Freedom. For more details, go to:

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:

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:

Texas lawmakers approve bill restricting insurance coverage for abortions [Jurist, 8/10/17]: The Texas House of Representatives on Wednesday approved a bill that would prohibit health insurance plans from providing coverage for elective abortions. An elective abortion is defined as one in which the mother is not in danger of death or serious injury if the abortion is not performed.

Trump, Pro-Gun Groups Headed for SCOTUS Duel? [Bloomberg, 8/10/17]: Can cops in states that allow concealed carry search you just because they think you’re armed? The “extremely important” question—sparked by Shaquille Robinson’s federal gun prosecution in West Virginia—pits a multi-time felon, five Republican state attorneys general, and a coalition of 10 conservative and gun rights groups against the Republican and vocally pro-gun-rights Trump administration. Keep an eye on this case: U.S. v. Robinson.
You can read the 4th Circuit opinion at:

The American Presidency [TOPIC 15]

Trump's judge picks snub Democrats [Politico, 8/11/17]: Democratic senators accuse the administration of not consulting them on lifetime appointments to the bench

Trump administration defends travel ban at Supreme Court [USA Today / Reuters, 8/10/17]: The Trump administration urged the Supreme Court Thursday to end the six-month legal battle over its immigrant and refugee travel ban by ruling that it's all about national security, not religion.

Behind the Trump-McConnell feud [Politico, 8/10/17]: The rupture between President Donald Trump and Senate Majority Leader Mitch McConnell originated where so many of the president’s dramas do: with something he saw on TV. 

Trump thanks Putin for expelling U.S. diplomats, infuriating State Department [Politico, 8/11/17]: President Donald Trump on Thursday thanked Russian President Vladimir Putin for expelling American diplomats from Russia on the grounds that “we’re going to save a lot of money,” prompting dismay among many of the rank-and-file at the State Department.

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)

Rebellious California lawmakers get banished to ‘The Dog House,’ a tiny office [SJ Merc, 8/11/17]: Welcome to “The Dog House,” Melissa Melendez. That’s the nickname for the 391-square-foot State Capitol office to which Melendez, a Republican assemblywoman from Lake Elsinore, was assigned this week. There’s even a plaque listing and praising former occupants for “Standing up for your Principles.” 

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

What’s the Punishment for Theft? Depends On What State You’re In [The Marshall Project, 8/10/17]: You can go to prison in Florida for a $300 crime, but it’s $2,500 in Wisconsin.

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:

Nebraska funeral picketing law upheld in appellate court [Lincoln Journal-Star, 8/11/17]: Nebraska's funeral picketing law, which creates a city-block buffer around funerals, survived a challenge by a Kansas church known for anti-gay protests outside soldiers' funerals.

Lawsuit Claims Free Speech Violations After San Diego Trump Rally [KPBS, 8/10/17]: A federal lawsuit filed on Thursday claims the San Diego Police and Sheriff's Departments violated free speech rights in their response to protests outside a Donald Trump campaign rally last year. 

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:

Ole Miss Edges Out of Its Confederate Shadow, Gingerly [NY Times, 8/10/17]: Other than William Faulkner and the father and son quarterbacks Archie and Eli Manning, few figures in this town's history are better known locally than Lucius Q. C. Lamar. A professor at Ole Miss before and after the Civil War, he served in both chambers of Congress and as a Supreme Court justice.

Why One Can Support Affirmative Action but Oppose Favoring Whites Over Asians When Administering It [Justia, 8/11/17]: Professor Amar comments on the recent indications that the Trump Justice Department will investigate and possibly sue colleges and universities that make use of race-based affirmative action. Without expressing views as to the merits of pending lawsuits, Amar explains how one can simultaneously support race-based affirmative action and oppose the so-called “Asian penalty”—that is, systematically requiring Asian American applicants to have higher scores than white applicants.

The Uncomfortable Truth About Affirmative Action and Asian-Americans [New Yorker, 8/10/17]: In a federal lawsuit filed in Massachusetts in 2014, a group representing Asian-Americans is claiming that Harvard University’s undergraduate-admissions practices unlawfully discriminate against Asians. The lawsuit alleges that Harvard effectively employs quotas on the number of Asians admitted and holds them to a higher standard than whites.

International Law, Citizenship and Immigration [TOPIC 40-42]

What it means when a school district declares itself a 'safe haven' or 'sanctuary': a quick guide [EdSource, 8/10/17]: An FAQ regarding school protections for undocumented students and their families.

California’s Attempt At “Massive Resistance”[“Fox & Hounds” blog, 8/19/17]:- California’s decision to become a “Sanctuary State” and defy the federal government on immigration, likely to become law later this month, places California in the company of state’s rights extremists that once tried to stop public school integration by much the same means. 


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