Posts for September 25, 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:
America's Red and Blue Judges [The Atlantic, 9/25/17]: Justice Neil Gorsuch
exemplifies how the Supreme Court has become fully enmeshed in the rankest
partisan politics.
Supreme Court has option
to duck travel ban ruling [Reuters, 9/24/17]: The Trump
administration’s announcement on Sunday that it is issuing new travel
restrictions on people entering the United States from eight countries could
lead to an upcoming Supreme Court case on its previous more controversial ban
ending in a whimper rather than a bang.
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]
Analysis: Trump picks a fight with NFL players that is
full of risks [SF Chron / AP, 9/24/17]: President Trump’s decision to
pick a racially charged fight with the world of pro football — one of a
dwindling number of institutions that unite Americans of all races, classes and
religions — carries a lot more political risk than past Twitter wars with the
media and Hollywood figures his supporters detest.
Trump: Objection to protests has nothing to do with race [AP,
9/25/17]: President Donald Trump insisted Sunday that his opposition to NFL
players kneeling during the national anthem to protest police brutality “has
nothing to do with race” but has to do with “respect for our country and
respect for our flag.”
New Order Bars Almost All Travel From Seven Countries [NY Times / Wash Post, 9/24/17]: President Trump on
Sunday issued a new order indefinitely banning almost all travel to the United
States from seven countries, including most of the nations covered by his original
travel ban, citing threats to national security posed by letting their citizens
into the country.
Lawyer: Kushner used personal email for some White House
messages [AP, 9/25/17]: President Donald Trump’s son-in-law, Jared Kushner,
used his personal email account on dozens of occasions to communicate with
colleagues in the White House, his lawyer said Sunday. Between January and
August, Kushner either received or responded to fewer than 100 emails from
White House officials from his private account, attorney Abbe Lowell said in a
statement that confirmed Kushner’s use of a personal address in the first
months of the administration.
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:
We Know a Lot About What Robert Mueller Is Doing. We
Also Know Nothing at All [NY Mag,
9/24/17]: Looking for clues in the
actions of D.C.'s second-most-powerful man.
Legislation and the Legislative
Process (TOPIC 20)
Republicans make desperate bid to save health care bill [AP,
9/25/17]: Republican opposition to the GOP health care bill swelled to
near-fatal numbers Sunday as Sen. Susan Collins all but closed the door on
supporting the last-ditch effort to scrap the Obama health care law and Sen.
Ted Cruz said that “right now” he doesn’t back it. In a late bid to win votes
and stave off defeat, Republicans were adding $14.5 billion to the measure for
states, according to documents obtained late Sunday by The Associated Press.
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
Concern About DeVos’s
Rescission of Obama Policy on Campus Rape [Justia, 9/25/17]: Professor Colb
comments on the decision by Education Secretary Betsy DeVos to rescind the
Obama-era Title IX guidance on campus sexual assault because it allegedly
denies due process to students accused of rape. While acknowledging specific
instances where accused students have been treated poorly, Colb argues that the
existing guidelines are eminently sensible and defensible and that rescinding
them rather than editing or modifying them goes well beyond what is necessary
to address concerns for accused students. Colb focuses on two commonly attacked
features of campus policy—the preponderance of the evidence standard and the
affirmative consent requirement—and explains why they are good policy.
What to do with
Violent Sex Offenders [The Marshall Project, 9/24/17]: The Supreme Court
considers whether “civil commitment” is just prison by another name.
Making Sense of Senseless
Violence [The Marshall Project,
9/21/17]: A Harvard sociologist on a recent story from The Marshall Project and
the ways violence begets more violence.
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:
"In Monday meeting, commissioners
likely to appeal prayer lawsuit to Supreme Court [Salisbury (N.C.
Post, 0/24/17]: The Rowan County commissioners on Monday are expected to
decide to appeal the latest ruling in the prayer lawsuit against them to the
U.S. Supreme Court.
Yiannopoulos visits Sproul for 15 minutes; UC Berkeley
spends $800,000 [KQED, 9/24/17]: Ultraconservative provocateur Milo Yiannopoulos
prayed, signed autographs and took selfies for about 15 minutes on the steps of
Sproul Hall at UC Berkeley on Sunday, an appearance that cost the university an
estimated $800,000, university officials said.
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:
International Law, Citizenship
and Immigration [TOPIC 40-42]
What's up, DACA? (Legally, at least...) [Jurist, 9/24/17]: Guest Columnist Glenn C. Smith of the
California Western School of Law discusses the legal issues surrounding DACA...
In explaining why President Trump was rescinding his predecessor's DACA
("Deferred Action for Childhood Arrivals") program — which provided
two-year renewable protection from deportation, and rights to work and access
limited social services, to 800,000-plus undocumented "dreamers"
brought to America as children — Attorney General Sessions called
DACA "an unconstitutional exercise of authority by the Executive
Branch."
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