Posts for September 28, 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:
Supreme Court faces
blockbuster term -- and Trump [USA Today, 9/27/17]: A reinvigorated Supreme Court will burst back
on to the national stage next week facing a battery of
contentious issues and a president determined to bend the judicial branch to
his will.
Supreme Court Preview: What Is in Store for October
Term 2017? {Federalist Society on
YouTube, 9/27/17]: The Federalist Society has posted the video of this
panel presentation from earlier today on YouTube.
Gorsuch speech at Trump
hotel sparks questions, protests [USA Today, 9/28/17]: Supreme Court Justice Neil Gorsuch will deliver
a speech Thursday afternoon at Trump International Hotel in the nation's
capital, sparking protests by opponents and objections from ethics experts who
say the newest justice is too close to his benefactors.
What Is The Government's
Word Worth In Court? (Part I) [“Take Care” blog, 9/28/17]: Some of the cases from the Supreme Court’s past term
raised questions about the worth of the government’s word—that is, what to make
of the words that the government had used in previous litigation. Some of the
cases this term involve the same question, so it’s worth surveying how the
Court answered the question last term.
GOP Approval of Supreme
Court Surges, Democrats' Slides [Gallup, 9/28/17]: In the past year, Republicans' job approval rating of the Supreme Court
has surged while Democrats' rating has plummeted. Sixty-five percent of
Republicans now approve of the Supreme Court, up from 26% last year. Meanwhile,
Democrats' approval has fallen from 67% in 2016 to 40%.
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]
Poll: Majority of voters say Trump isn't fit to be
president [Politico, 9/27/17]: A majority of American voters say
Donald Trump is not "fit to serve as president," according to a
Quinnipiac University poll released Wednesday, with 51 percent of respondents
saying they are embarrassed to have Trump serve as president.
Curry to Trump: Kneeling Is All About Race [KQED,
9/27/17]: On Monday, Trump tweeted: “The issue of kneeling has nothing to do
with race. It is about respect for our Country, Flag and National Anthem. NFL
must respect this!” On Wednesday, after training camp practice, Curry decided
to make his position clear, telling KQED that racial inequities are “the
genesis of our stance.”
House Dems Lobby Judge to
Override Arpaio Pardon
[CNS, 9/27/17]: A group of congressional Democrats on Wednesday urged a
federal judge to invalidate President Donald Trump’s pardon of former Arizona
sheriff Joe Arpaio and move forward with sentencing on criminal contempt
charges.
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 surprising connection
between 'take a knee' protests and Citizens
United
[“The Conversation” blog, 9/27/17]: While
corporate speech is often assumed to favor only conservative causes, my
research on attorney advertising reveals the extent to which free speech rights
for companies also advances causes important to liberals.
When the Out Party Runs Out of Luck [Sabato’s Crystal Ball, 9/28/17]: The dominant theme in next year’s Senate elections is the confluence of two competing forces: The huge number of seats the Democrats are defending versus the usual boost that the non-presidential party, in this case the Democrats, enjoys in midterm elections.
California moves its presidential primary to March in
push for electoral relevance [Politico, 9/27/17]: Brown's decision,
announced without fanfare on Wednesday, means the state will hold its
presidential primary on March 3, 2020. It's a reversal from a decision he made
in 2011 to push the state's primary elections back until June, after years of
trying — and failing — to entice major candidates to bring their campaigns to
California instead of smaller, more rural states.
Half of California's likely voters think Sen. Dianne
Feinstein should retire, poll finds [Politico / CalBuzz, 9/27/17]:
Just 43% of likely voters support Feinstein running for a sixth term, according
to a Public Policy Institute of California poll released Wednesday. The results
are similar among all California adults, not just likely voters, with 46%
saying she should not run for another term and 41% saying she should run.
Notes on the State of
Politics: Senate Shenanigans in Alabama and Tennessee [Sabato’s Crystal
Ball, 9/28/17]: Reactions to the Yellowhammer State’s runoff and the first 2018
Senate retirement comes in the Volunteer State.
Roy Moore Isn't Just Defiant. He's Dangerous [Bloomberg, 9/27/17]: He twice lost his job for
denying the supremacy of the Constitution. Is that a message the people of
Alabama support?
Legislation and the Legislative
Process (TOPIC 20)
Trump Tax Plan Benefits Wealthy, Including Trump [NY
Times / CNN Money, 9/27/17]: The tax
plan that the Trump administration outlined on Wednesday is a potentially huge
windfall for the wealthiest Americans. It would not directly benefit the bottom
third of the population. As for the middle class, the benefits appear to be
modest.
Poll: Californians like Obamacare more than ever but are
divided on single-payer healthcare [CPR, 9/27/17]: As the latest
attempt to repeal the Affordable Care Act fizzles, the law has reached its
highest popularity in California in four years, according to a new poll released
Wednesday by the Public Policy Institute of California.
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
Stand Your Ground may
protect you from criminal charges -- but not lawsuits [Miami Herald, 9/28/17]: Beating a criminal rap thanks to Florida's
controversial Stand-Your-Ground law doesn't automatically shield you from civil
lawsuits. That was the decision Thursday by the Florida Supreme Court, which
said that 'immunity' granted by criminal-court judges don't apply to lawsuits
filed in civil court.
Bail or Jail? Tool Used by San Francisco Courts Shows
Promising Results lKQED, 9/27/17]: Last year, San Francisco began
using an algorithm to assess whether someone accused of a crime and awaiting
trial is safe to be let out of jail. Fifteen months later, prosecutors say the
risk assessment tool appears to be working.
When 'Not Guilty' Is a Life Sentence [NY Times’ Mag, 10/1/17]: What happens after a
defendant is found not guilty by reason of insanity? Often the answer is
involuntary confinement in a state psychiatric hospital -- with no end in
sight.
Like President, Like Justice [Slate, 9/28/17]: Neil Gorsuch just showed his
commitment to racial equality is about as strong as Trump's.
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:
Do Changing Student
Attitudes Shrink Their Own Free Speech Rights?
[EdLawProfs blog, 9/28/17]: The title of this essay is more rhetorical than
anything. Laws and courts, not students, shrink or expand free speech
rights. Yet, student attitudes about free speech and other constitutional
rights certainly have real world impacts and, in some instances, have
incidental effects on legal doctrine.
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:
Why does the Supreme Court care so much about wedding
cakes? [Deseret News, 9/28/17]: How
bakery case at Supreme Court will frame future religious freedom debates.
Experts: Age
discrimination is still a thing in the workplace [AP, 6/15/17]: Age-related discrimination in the workplace still
exists 50 years after the enactment of legislation designed to prevent it,
aging experts and advocates told the U.S. Equal Employment Opportunity
Commission on Wednesday.
Supreme Court poised to deal a sharp blow to unions for
teachers and public employees [LA Times / CNS, 9/28/17]: The Supreme
Court is poised to deal a sharp blow to the unions that represent millions of
teachers and other public employees, announcing Thursday it will consider
striking down the mandatory fees that support collective bargaining.
International Law, Citizenship
and Immigration [TOPIC 40-42]
China implements UN sanctions on North Korea [Jurist,
9/28/17]: China on Thursday announced that it
would be implementing the UN sanctions on North Korean companies by ordering
them to close in China by January
Court Peels Off Layer of CIA
Torture Secrecy [CNS, 9/27/17]: Nearly
three years after the Senate chronicled how the CIA tortured detainees, a
federal judge ordered the government Wednesday to disclose documents referenced
in the report.
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