Tuesday, August 15, 2017

Posts for August 15, 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 first thing teachers should do when school starts is talk about hatred in America. Here’s help [Wash Post, 8/13/17]: #CharlottesvilleCurriculum: That’s the new Twitter hashtag for educators, parents and anyone else looking for resources to lead discussions with young people about the violence that just erupted in Charlottesville, when white supremacists, neo-Nazis and Ku Klux Klan members marched and clashed with counterprotesters. One woman was killed and 19 were injured when a car rammed into the counterprotesters, and two state police officers assisting in the response died when their helicopter crashed on the outskirts of town. Civics and history education have taken a back seat to reading and math in recent years in “the era of accountability,” but it is past time for them to take center stage again in America’s schools.

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:

The BEST way to start off your Civics or LRE class this year [CLEP/Rich Kitchens, 8/15/17: Have a class discussion about the shipwreck cases, Regina v. Dudley and Stephens, and U.S. v. Holmes.
The fact situation in Holmes is discussed in our Con Law student text in TOPIC ONE. It is a great way to get students involved in law-related education. The Dudley and Stephens case is detailed in our Teacher’s Guide to Con Law.

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]

Trump Condemns KKK, White Supremacists in Wake of Deadly Rally [CNS, 8/14/17]: President Donald Trump bowed to tremendous pressure Monday and condemned the KKK, neo-Nazis and white supremacists as “criminals and thugs” in the wake of a deadly rally in Charlottesville, Virginia over the weekend.

Analysis: Trump’s slow walk to condemning white supremacists [AP, 8/14/17]: It took President Donald Trump three days to do what should have come fast and easy.

New on This Fall's Law School Syllabus: Trump [NY Times’ “Sidebar” blog, 8/14/17]: President Trump is transforming the study of constitutional law. The nation’s law professors have spent the summer revising their courses to take account of a president who generates fresh constitutional questions by the tweet. When classes start in the coming weeks, law students will be studying more than dusty doctrine. They will also be considering an array of pressing questions.

Trump’s Business of Corruption [New Yorker, 8/14/17]: What secrets will Mueller find when he investigates the President’s foreign deals?

Trump Says He May Pardon Joe Arpaio: ‘a Great American Patriot’ [CNS, 8/15/17]: President Trump said he may pardon former Sheriff Joe Arpaio for his criminal contempt of court conviction for racially profiling Latinos in defiance of a federal judge’s order, because Arpaio is “a great American patriot” who “has done a lot in the fight against illegal immigration.”

 

Trump Asked to Fire White House Staffers in Wake of Charlottesville [CNS, 8/15/17]: The leaders of four minority House caucus groups have sent a letter to President Donald Trump, calling for the removal of White House aides Steve Bannon, Stephen Miller and Sebastian Gorka.

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:

California Tea Party: It’s Time for an Alternative to the GOP [KQED, 8/14/17]: California Tea Partiers met in Fresno on Friday and Saturday in hopes of activating their supporters on behalf of President Trump’s agenda. “The Real Resistance Conference” brought together diehard anti-establishment conservatives and disillusioned Republicans to talk strategy.

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

Sessions orders federal probe into Charlottesville violence [Jurist, 8/14/17]: Attorney General Jeff Sessions on Saturday announced a federal civil rights investigation into the violence in Charlottesville, Virginia, over the weekend. A "Unite the Right" rally turned deadly when counter-protesters clashed with members of white nationalist groups and 20-year old James Alex Fields drove a car into a crowd, killing 32-year old Heather Heyer and injuring others.

A Top Lawyer Asks Supreme Court To Hear A Major Death Penalty Case [BuzzFeed, 8/14/17]: In a new filing, Neal Katyal is asking the high court to consider Arizona's death penalty law -- and whether the death penalty itself is unconstitutional.

Crowdsourcing the Charlottesville Investigation: The mixed blessing of an internet posse [Marshall Project, 8/14/17]: Beyond the cost to misidentified suspects, the crowdsourced identification of criminal suspects is both a benefit and burden to investigators.

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:

Confederate flags and Nazi swastikas together? That’s new. Here’s what it means [Wash Post, 8/14/17]: At the white supremacist rally in Charlottesville over the weekend, marchers carried Confederate and Nazi flags side by side, protesting plans to remove Confederate statues from the city’s Emancipation Park. That would have surprised Southerners not that long ago.

Students Hold Their Ground Amid A Sea Of White Supremacists On U.S. Campus [Huff Post, 8/13/17]: Torch-wielding alt-right marchers chanted 'white lives matter' and 'Jews will not replace us'.

Californian Who Helped Lead Charlottesville Protests Used Berkeley as a Test Run [KQED, 8/14/17]: Before white nationalists protested in Charlottesville over the weekend, before a man allegedly plowed a car into a group of people killing one and injuring at least 19, violent clashes in Berkeley offered a window into the motives and tactics of Identity Evropa, one of the white supremacist groups intimately involved in both protests. 

California White Supremacist Says Charlottesville May Boost Recruitment [KQED, 8/14/17]: Nathan Damigo, leader of the California-based white nationalist organization Identity Evropa, says that the violent ‘Unite the Right’ rally in Charlottesville, Virginia, over the weekend that left three dead might turn out to be an opportunity to connect with more recruits for his organization. “I think there’s going to be a lot of people who are going to, for the first time, realize that they’re not getting the full story,” he told KQED in an interview on Monday.

“Freedom” Is Best Response to White Supremacy Hatemongers [Newseum, 8/15/17]: Attempts to censor neo-Nazis, white supremacists and other hate groups is a betrayal of our nation’s core principles — not to mention ineffective and counterproductive.

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:

Clashes over Title VII protection of sexual orientation make way toward Supreme Court [Wash Times, 8/14/17]: Federal appeals judges are also at odds. A Chicago-based court ruled that Title VII of the Civil Rights Act of 1964 does cover sexual orientation, while an Atlanta-based court ruled that it was never envisioned as a protected class under the law.

Why the Trump Administration Will Lose its Case Against Gay Rights [Fortune / Library of Law & Liberty, 7/29/17]: The Equal Employment Opportunity Commission (EEOC), in a rare split within government over such issues, has filed its own brief with the court on the side of gay rights in the workplace. This case is Zaarda v. Altitude Express, Inc. and is in the 2nd Circuit right now.

The spurned couple, the baker and the long wait for the Supreme Court [Wash Post, 8/14/17]: The incident took only moments. The journey through the Colorado legal process lasted years. And then the Supreme Court took its own sweet time. Almost a year passed from the date the court was first asked to review a dispute between a gay couple and a baker who refused to make them a wedding cake and the justices’ announcement that they would do just that. When the Supreme Court hears the case this fall, it has the potential to be a major decision worth the wait.

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