Posts for September 20, 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:
Dirty secret' of Oregon
jury system could go before U.S. Supreme Court [The Oregonian, 9/19/17]: For decades, Oregon juries — and those in only one
other state, Louisiana — have been permitted to convict most felony defendants
with a 10-2 vote. The federal government and all other states require a
unanimous verdict.
Black Robes and Crystal Balls [Slate, 9/19/17]: Supreme Court justices like to predict the future; They
aren't very good at it.
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 rebounds after polling slide [Politico,
9/20/17]: After months of declining poll numbers, the president's approval
rating ticks upward.
The Meaning of the Three Emoluments Clauses in the
U.S. Constitution: A Corpus Linguistic Analysis of American English, 1760-1799 [SSRN, 9/17/17]: The recent flurry of scholarship
seeking to understand the meaning of the emoluments clauses of the
Constitution, particularly the Foreign Emoluments Clause, in the wake of
President Trump’s election and subsequently filed lawsuits, has relied on a
host of interpretive methodologies.
New Filings in the
Emoluments Clause Litigation [Josh Blackmun blog, 9/20/17]: The litigation concerning the Foreign Emoluments
Clause demands a careful study of the text and history of the
Constitution.
Trump judicial nominee
said transgender children are part of 'Satan's plan,' defended 'conversion
therapy [CNN,
9/20/16]: In a pair of 2015 speeches,
President Donald Trump's nominee for a federal judgeship in Texas described
transgender children as evidence of "Satan's plan," lamented that
states were banning conversion therapy and argued that sanctioning same-sex
marriage would lead to polygamy and bestiality.
Justices could avoid
issuing verdict on Trump travel ban [AP, 9/19/17]: President
Trump's travel ban offers the Supreme Court the chance to make a major
pronouncement on the president's power over immigration. But the case also
could vanish into the legal ether, and that may be what a majority of the court
is hoping for.
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:
Time to Protect Our Democracy [Slate, 9/19/17]: Anthony Kennedy should follow Byron
White's guidance and strike down partisan gerrymandering.
Legislation and the Legislative
Process (TOPIC 20)
Dianne Feinstein had to ask Trump's judge nominee
about religion. Stop the attacks
[Erwin Chemerinsky in the Sac Bee, 9/19/17]: President Donald Trump nominated Barrett to
the U.S. Court of Appeals for the 7th Circuit. Barrett, a staunch conservative,
had written about the duties of Catholic judges to be true to their religious
beliefs, including in opposing abortion rights. In doing so, Barrett made her
religious beliefs and how they would affect her judging, a necessary area for
questioning.
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
Appeals court upholds Seattle police policy on using
force [Seattle Times, 9/19/17]: The
panel held that the city has a significant interest in regulating the use of
guns by police officers, and the policy does not restrict the officers' Second
Amendment rights.
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:
Online First Amendment Encyclopedia Launched
[Concurring Opinions, 9/18/17]: It’s online
now: The First Amendment
Encyclopedia. Among other things, it is a impressive collection
of more than 1,500 articles on First Amendment topics, court cases, and history.
Court: Law against
encouraging illegal immigration could violate First Amendment [Politico, 9/19/17]: A federal law that makes it a crime to encourage or
induce foreigners to enter or stay in the U.S. illegally may run afoul of the
First Amendment, a federal appeals court suggested in an unusual order Monday.
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:
Wedding Cakes, Urinals,
and Other Art [Dorf on Law blog, 9/18/17]: The Lochner Court protected bakers from labor laws under the
rubric of freedom of contract; it did not work out well. There is reason to
believe that protecting bakers from labor laws or anti-discrimination laws
under the rubric of freedom of speech would not go well either.
Arizona court: Same-sex
spouse has parental rights over ex-wife's biological child [Ariz. Daily Star,
9/19/16]: The spouse of a gay Tucson
woman who has given birth is entitled to the same parental rights as if she had
been a man, even when they're not 'biologically related' to the child, the
Arizona Supreme Court ruled today
International Law, Citizenship
and Immigration [TOPIC 40-42]
The Double Limbo of Dreamer-Soldiers [Marshall
Project, 9/19/17]: When he enlisted in the
Army last year, Pfc. Kyungmin Cho thought he would be an active duty soldier by
this time and a proud naturalized citizen of the United States. But despite
enthusiastic praise in recent days from President Trump for the service of
immigrants like him, Cho's time as a recruit has left him wondering whether the
American military wants him at all.
UN chief urges respect for international humanitarian law
among rising global tensions [Jurist, 9/20/17]: n a speech before the UN General Assembly on Tuesday, UN
Secretary-General António Guterres warned the body of increasing political and
social tension and instability around the world, urging respect for
international humanitarian law. Guterres identified seven "threats and
tests" that every nation around the world is currently facing: the
increasing risk of nuclear conflict, international humanitarian law.
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