Posts for September 18, 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:
How America's
judges became feudal lords [The Week, 9/13/17]: For decades, activists across the political spectrum have debated
whether the federal judiciary should have term limits. But the above question,
recently posed in the hypothetical by retired judge Richard Posner, reveals how
the jurists themselves may grow fatigued in their work.
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]
Will the Supreme Court
actually take up the travel ban case on the merits? [CNN, 9/15/17]: The Supreme Court is poised to hear oral arguments
in the travel ban case early next month. But that doesn't actually mean
justices will ever decide the legality of President Donald Trump's
controversial executive order.
Was Trump's Pardon of Joe Arpaio Unconstitutional? [Slate, 9/17/17]: A small group of lawyers are
fighting to find out.
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:
Residents of U.S.
Territories Ask Court to Expand Voting Rights [CNS, 9/15/17]: The Seventh Circuit heard oral arguments Friday in a
case centered on whether residents of Guam, Puerto Rico and the U.S. Virgin
Islands should be allowed to vote absentee in their former state of residence.
Fight over electoral district boundaries heads to Supreme
Court [Reuters, 9/17/17]: It
is a political practice nearly as old as the United States - manipulating the
boundaries of legislative districts to help one party tighten its grip on power
in a move called partisan gerrymandering - and one the Supreme Court has never
curbed. That could soon change, with the nine justices making the legal fight
over Republican-drawn electoral maps in Wisconsin one of the first cases they
hear during their 2017-2018 term that begins next month. Their ruling in the
case could influence American politics for decades.
Gerrymandering Goes Back to Court: [Amicus Podcast, 9/16/17]: As is so often the case,
all eyes are on Justice Anthony Kennedy.
Walters: Legislative session over, politicians turn to
2018 electinos [CalMatters, 9/18/17]: With the 2017 legislative session completed
– for better or worse – California politicians are raising money, hiring
campaign staffers and mapping strategies for the 2018 elections that will:
Bring California a new governor, fill at least four other statewide offices and
perhaps – although not likely – elect a new U.S. senator; Determine whether
Democrats retain their two-thirds “supermajorities” in both legislative houses;
Reveal whether enough Republican congressional seats change hands to overturn
GOP control of Congress; and Decide the fate of ballot measures whose number
and importance are still up in the air.
Legislation and the Legislative
Process (TOPIC 20)
Senate GOP tries one last time to repeal Obamacare [Politico,
9/17/17]: Senate Majority Leader Mitch McConnell (R-Ky.) and his leadership
team are seriously considering voting on a bill that would scale back the
federal government’s role in the health care system and instead provide block
grants to states, congressional and Trump administration sources said.
Hundreds Of Bills Await Governor's Pen As California
Legislature Adjourns [CPR, 9/17/17]: Lawmakers sent Governor Jerry Brown
hundreds of bills -— about everything from a parks bond to pet stores. They
also struck major housing, transportation and climate change deals this year,
which many Capitol -- watchers thought could not find support.
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
Sandy Springs' adult business battles inch
closer to Supreme Court appeal [Sandy Springs (GA.) Reporter,
0/17/17]: Is
the city's crackdown on adult businesses a legitimate fight against crime or an
unconstitutional violation of civil liberties? After decade-long legal battles,
that question is inching closer to being asked directly to the U.S. Supreme
Court.
Arrest the American Islamic State Fighter [Bloomberg, 9/15/17]: The U.S. courts are the best
place to try someone who took up arms against the country.
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:
How First Amendment Battles Are Shaping Up in the
Social Media Age [THR, Esq. blog,
9/46/17]: As technology outpaces the laws that seek to govern its use,
questions are being raised about who can control the flow of information and
how, exactly, the freedoms of speech and petition come into play.
MN Supreme Court throws out law against disorderly conduct at
meetings
[Minn. Pub. Radio, 9/13/17]: The Minnesota Supreme Court has tossed out
a disorderly conduct law aimed at people who disrupt public meetings. The Court
ruled in the case of Robin Hensel, of Little Falls, who was cited for
disorderly conduct after she moved her chairs closer to city councilors at a
meeting, days after the Council rescheduled a meeting when Hensel displayed
signs that depicted dead and deformed children, blocking the view of others in
the audience.
Speaking Your Mind,
When Free Speech Has Consequences [Newseum, 9/15/17]: An
ESPN reporter called Trump a white supremacist, and the White House suggested
she be fired. Thanks to the First Amendment, ESPN gets the final say.
Podcast:
Treading on Sacred Ground [The Newseum, 9/14/17]: Does freedom of
religion protect sites that are sacred to Native Americans? In this episode of
The First Five, we talk to the attorney for the Cheyenne River Sioux tribe in
the Dakota Access Pipeline litigation.
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:
Houston looks to Supreme Court to resolve same-sex
marriage benefits fight [Texas
Tribune, 9/18/17]: The city of Houston is asking the U.S. Supreme Court to
review a decision by the Texas Supreme Court in which the court suggested a
landmark ruling legalizing same-sex marriage does not fully address the right
to marriage benefits
When Beliefs and Identities Clash in Court [The Atlantic / “Dorf on the Law” blog, 9/18/17]: The
Supreme Court may not be the right place to settle the Masterpiece Cakeshop
case, which pits marriage equality against religious freedom.
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