Posts for August 29, 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:
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:
Four Posts Replying to Dorf on Originalism [”Legal Theory” blog, 8/29/17]:
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:
The 2020 campaign just kicked off in a New Hampshire
strip mall [Politico, 8/28/17]: Just like that, the 2020 retail
campaigning for president began right here in a strip-mall campaign
headquarters Monday, when Los Angeles Mayor Eric Garcetti showed up for what he
called “the most important race in the country.” He was talking about the
Manchester mayor’s election. Joyce Craig, the Democratic candidate, invited him
to join her for an afternoon that also included a speech to the Manchester
Young Democrats and a fundraiser.
Judge invalidates law that would have allowed public
financing of political campaigns in California [LA Times, 8/29/16]: A
Superior Court judge has struck down a new law signed by Gov. Jerry Brown that
would have allowed cities, counties and the state to provide public financing
of political campaigns, ruling that it violates a ban on that use of taxpayer
dollars established nearly 30 years ago, officials said Monday.
What happens when California becomes a ‘sanctuary state’? [Sac
Bee, 8/29/17]: California’s so-called “sanctuary state” bill, introduced by
Senate President Pro Tem Kevin de León as a direct response to President Donald
Trump’s campaign promise to deport “bad hombres” and undocumented immigrants,
is well on its way to becoming law.
High Court Halts Order to Redraw Texas
Voter Maps [CNS, 8/28/17]: The U.S. Supreme Court on Monday
temporarily blocked a district court’s ruling that two Texas congressional
districts must be redrawn to address discrimination concerns.
California Supreme Court Dumps
Supermajority Rule for Voter-Backed Taxes [CNS, 8/28/17]: The
California Supreme Court on Monday made it much easier for municipalities to
collect special taxes: Let citizens propose and pass them through the
initiative process – and a simple majority vote.
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
Trump lifts ban on providing military equipment to local
police [Jurist, 8/28/17]: President Trump signed an executive order on Monday
that will lift an Obama-era directive that restricted local police agencies'
access to military equipment. Attorney General Jeff Sessions spoke Monday
morning to the Fraternal Order of Police (FOP) outlining the president's new
executive order.
http://www.jurist.org/paperchase/2017/08/trump-administration-expected-to-lift-military-gear-ban.php
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:
Stifling Speech:
Government invokes doctrine to silence expression it doesn't like
[David L. Hudson in the ABA Journal, 9/1/17]: Government officials
removed a high school student’s painting from the U.S. Capitol building earlier
this year, contending that its message was anti-police and inappropriate. The
student and his congressional representative objected, arguing that the
government engaged in impermissible viewpoint discrimination by censoring the
artwork.
“Fighting Words”
In our contemporary political environment, the questions
around the “fighting words” doctrine have been raised. Check out the article by
David L. Hudson, “Fighting Words,”
[Newseum, July, 2009]: at:
A great exercise would be to take court rulings in
situations he discusses, adding some current situations, and pose the question
to your students, (“Should this speech be allowed? Why or why not?”)
challenging them to come up with a free speech “rule.” Good luck!
See also:
Lessons learned from Sunday’s clash of protesters in
Berkeley [SF Chron, 8/28/17]: When the right wing comes to left-wing
Berkeley, public safety is no guarantee, especially when black-clad anarchists
get involved. Sunday proved that no matter how well prepared they were,
hundreds of police officers — many in riot gear — could not stop hundreds of
anarchists from overtaking a place they were protecting.
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:
Out in the Open: The
Alt-Right Learns About Privacy in the Modern World [Justia, 8/29/17]:
Professors Grossman and Friedman comment on the decreased privacy of the modern
world, as recently illustrated by the very public identification of some of the
alt-right demonstrators in Charlottesville, Virginia, from photos and videos of
the rally. Grossman and Friedman point out that technology is making anonymity
a thing of the past and that only affirmative legislative changes, such as
recognition of a “right to be forgotten,” can alter that course. The professors ask: “These
neo-Nazis and other members of the alt-right, who flocked to Charlottesville,
are a more maligned version of those young people who indulged in “sexting,” or
sinners who reformed and recanted, and, more generally, with all of those who
would like to move on and let the past bury its dead. Should we respect their
wishes? Or, more to the point, should the law protect their wishes??”
A great discussion topic for
your class these days.
Court rules on birth
certificate designations for same-sex parents [Mark Walsh in the ABA
Journal, 9/1/17]: On the busy final day of its
term in late June, the U.S. Supreme Court issued an unsigned decision that
pleased advocates of same-sex marriage. At the same time, it arguably revealed
at least one new legal foe of such marriages and sparked debate about whether
the court’s 2015 decision that legalized them was now cemented as a matter of
precedent.
Two lawsuits filed challenging Trump's transgender
military ban [Jurist, 8/28/17]: Civil rights
groups on Monday filed two separate lawsuits challenging the constitutionality
of President Trump's ban on transgender people serving in the US military.
Lambda Legal and OutServe-SLDN filed a complaint in the US District Court for
the Western District of Washington on behalf of a current army Staff Sergeant,
two transgender individuals who wish to serve in the military, Human Rights
Campaign and the Gender Justice League.
International Law, Citizenship
and Immigration [TOPIC 40-42]
9th Circuit Has Tough
Questions On Trump Administration's Travel Ban Rules [BuzzFeed / [AP
/ Reuters / Constitution Daily, 8/29/17]:
"How can the government say" a grandparent or aunt or uncle isn’t
a close family member, one judge asked. "In what universe does that come
from?"
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