Posts for September 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.
Constitution Day is
Approaching [ABA Journal, 9/14/17]: Constitution Day is celebrated
nationally each year on September 17. It provides an opportunity for each of us
to reflect on the role that citizens play in sustaining the cherished
principles of democracy enshrined in this document.
Go to “230 Years of
the Constitution”:
Democracy at a Crossroads Summit Aims to Improve Civic
Learning [ABA Journal, 9/14/17]: View
the conversation to take place on September 21.
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:
Supreme Court by the Numbers: Kicking Off the 2017 Term [Bloomberg, 0/14/17]: For legal nerds, the first Monday in
October is like baseball’s opening day: Individuals at the very top of their
game suit up for action; they observe time honored rituals; and the crowd
awaits the signal beginning the highly anticipated event. The anticipated event,
of course, is the beginning of the U.S. Supreme Court’s new term, which begins
Oct. 2 this year. Here’s a dive into the most vital statistics for SCOTUS
watchers who want an inside-baseball look at the court’s upcoming cases.
Supreme Court Term Preview [C-SPAN, 9/14/17]: The American Constitution Society
for Law and Policy hosted a discussion on the 2017-18 Supreme Court term.
Justice Souter's Common
Law [SSRN,
9/13/17]: But in my view Souter’s
understanding of the process of case-by-case adjudication reflects deeper
philosophical commitments – and, for that reason, carries with it more radical
implications – than has been appreciated.
Here's what Supreme Court Justice Sotomayor had to say
at Clemson [Anderson (S.C.)
Independent Mail, 9/14/17]: It's not
every day college students are graced with the presence and words of wisdom
from a Supreme Court justice.
Think like a lawyer' US
Supreme Court Justice Alito says at USC law school dedication [The State (Columbia,
S.C.), 9/14/17]: In a message that might
have been aimed at some of today’s issue-distorting politicians, U.S. Supreme
Court Associate Justice Samuel Alito said in Columbia on Thursday that society
would benefit if more citizens learned to “think like a lawyer.”
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:
South Dakota tax law headed to Supreme
Court [Sioux Falls Argus-Leader
/ Bloomberg / The Medium, 9/14/17]: The South Dakota Supreme Court has ruled
that the state cannot force out-of-state retailers to collect sales tax,
setting up a possible appeal to the U.S. Supreme Court that will have national
implications.
The
American Presidency [TOPIC 15]
Chemerinsky brief
argues Trump's pardon of Arpaio is void [ABA Journal, 9/12/17]: A proposed amicus brief filed Monday argues that
President Donald Trump’s pardon of Sheriff Joe Arpaio is void because it
violates the Constitution.
You can access the brief by
going to:
It's 'pretty clean
and clear' that Comey broke the law, White House press secretary says [ABA
Journal, 9/14/17]: White House Press Secretary
Sarah Huckabee Sanders said Wednesday that it’s “pretty clean and clear” that
former FBI director James Comey violated federal law by leaking a memo about
his conversations with the president.
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:
Trump, Democrats confirm outline of DACA deal, despite
denials [Politico, 9/14/17]: President Donald Trump and Democratic
congressional leaders reached a tentative agreement Wednesday night to provide
a pathway to citizenship for young immigrants known as Dreamers — but after a
conservative backlash, the president and his aides sent conflicting signals
about how firm the agreement was.
Al Franken, Giant of
the Senate [Justia,
9/15/17]: John W. Dean praises Senator Al Franken’s newest book, Al Franken, Giant of the Senate. Without
giving spoilers, Dean shares a few reasons he recommends the book, in which
Franken provides unique insight into our political system and demonstrates his
capacity for doing the serious work of the US Senate and occasionally injecting
it with appropriate touches of comedy.
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
Washington State Supreme Court rules 6-3 that minor
may be convicted for disseminating sexually explicit image of himself [Spokane (WA.) Spokesman-Review, 9/14/17]: A
Spokane youth who texted a picture of his genitals to a woman can be convicted
under the state laws against child pornography even though he is the child
involved, the Washington Supreme Court said Thursday. He can’t get out of it by
claiming it was free speech protected by the First Amendment.
The ruling can be found at:
Conservatives, Reporters,
Farmers Back Robber at Supreme Court [Bloomberg, 9/12/17]: Why are conservative groups, journalists, and the
ex-proprietor of a cash-only Mexican restaurant supporting an armed robber at
the Supreme Court? The answer lies in amicus briefs filed in Carpenter
v. United States, the huge
mobile phone data case that will be argued during the high court term that starts
Oct. 2.
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:
Podcast:
Treading on Sacred Ground [Newseum, 9/14/17]: Does the freedom of religion protect
sites that are sacred to Native Americans?
Circuit Split on
Legislator-Led Prayer Could Entice Supreme Court [Bloomberg, 9/15/17]: The U.S. Supreme Court may need to decide the
constitutionality of legislator-led prayer after the full U.S. Court of Appeals
for the Sixth Circuit upheld such a practice, legal scholars told Bloomberg BNA
(Bormuth v. County of Jackson).
Minnesota top court finds part of
disorderly conduct law unconstitutional [Jurist, 9/14/17]: The
Minnesota Supreme Court overruled part of a state disorderly conduct statute on
Wednesday, saying that it violated the First Amendment because it is
"overbroad." Minnesota Statues 609.72, subd. 1(2) makes it a crime
for a person to disrupt a legally held assembly.
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:
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