Posts for August 28, 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.
Freedberg: As schools reopen, teachers will have a
difficult time avoiding the Trump fallout [EdSource, 8/27/17]: As
California teachers return to the classroom this fall, many of them will be
faced with the multiple challenges of how to deal with children's responses to
the No. 1 political issue in the United States: the increasingly troubled
presidency of Donald Trump.
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:
Can A State Withdraw an Article Five
Ratification? [Gerard
Magliocca in “Concurring Opinions, 8/28/17]: “One of the issues surrounding the potential
ratification of the Equal Rights Amendment is that a few states tried to repeal
their “yes” ratification votes back in the 1970s. Thus, it is not clear how
many states have ratified the amendment. If these rescissions are not counted,
then the answer is 35. (37 are required.) If they are counted, then it’s less
than 35. But should they be counted?” 0RK: Actually, I believe it would require
38 states.]
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:
How Determinate is
Originalism in Practice? [“Dorf on Law” blog, 8/25/17]: When
originalism began gaining traction in the 1970s and 1980s, its proponents
frequently cited its supposed constraining impact on judges as a virtue. This
claim fit well both with originalism's ideological origins and its nature at
the time.
The
American Presidency [TOPIC 15]
The Pardon:
How
Arpaio Garnered a Contempt Citation [“Trial Insider” blog, 8/26/17]:
The Arpaio Pardon Dangerously Accelerates Trump's
Assault on the Rule of Law [New
Yorker, 8/28/17]:
Judges remain silent as
Trump pardons Arpaio [CNN, 8/29/16]: President Trump's
pardon of former Sheriff Joe Arpaio has been widely denounced as another
instance of the President's scorn for the judiciary. Yet one set of voices has
been missing: that of Chief Justice John Roberts and the nation's leading
judges.
Critics: Trump pardon his latest affront against
judiciary [AP, 8/26/17]:
Arpaio’s Pardon
Splits Arizona Down the Middle [CNS, 8/26/17]:
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:
After losses on voting
laws and districting, Texas turns to Supreme Court [Wash Post, 8/27/17]: The state
of Texas is in the midst of an extraordinary losing streak in federal courts
over the way it conducts elections. It is hoping the Supreme Court will come to
the rescue.
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
The Podcast Made From Inside Prison [The
Atlantic, 8/27/17]: The audio series Ear
Hustle seeks to highlight the everyday experiences of inmates at San
Quentin.
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:
Coach Prays, Ninth Circuit Says No -- Blame Supreme
Court Conservatives [National Review,
8/27/17]: In 2006, five justices restricted the free-speech rights of public
employees; in 2017, we see the consequences.
Masked anarchists violently rout right-wing demonstrators
in Berkeley [SF Chron / AP. 8/27/17]:
An army of anarchists in black clothing and masks routed a small group
of right-wing demonstrators who had gathered in a Berkeley park Sunday to rail
against the city’s famed progressive politics, driving them out — sometimes
violently — while overwhelming a huge contingent of police officers.
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:
Support piling up in
Arlene's Flowers request for Supreme Court review [Kennewick (WA.) Tri-City Herald, 8/26/17]: Richland
florist Barronelle Stutzman is receiving support from other states, members of
Congress and conservative organizations in her request to have the U.S. Supreme
Court review the discrimination case against her flower shop.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Trump travel ban back in court Monday [Politico, 8/28/17]: Appeals court arguments are
expected to focus on handling of refugees.
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