Posts for September 6, 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.
Understanding DACA and education in California: a quick
guide [EdSource,9/5/17]: What is DACA and does it have any effect on a
student being allowed to enroll in a California high school or college?
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:
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 appeals to his cheering base with end to ‘special
rights’ for ‘Dreamers’ [SF Chron, 9/5/17]: Politically, Trump’s decision
Tuesday to rescind the 5-year-old Deferred Action for Childhood Arrivals
program was a valentine to his base, the 39 percent of Americans who approve of
the job he’s been doing and for whom immigration is a driving issue.
Amid tension, Trump and
McConnell together on judges [CNN, 9/5/17]: President
Donald Trump and Senate Majority Leader Mitch McConnell may not be on the best
of terms after a failure to pass a healthcare overhaul this summer and ahead of
expected fiscal fights this fall. But they have at least one shared mission:
confirming a bevy of federal judges.
Neal Katyal: The travel
ban's legal nemesis [Politico, 9/5/17] The broadest
court order now blocking what critics call President Trump’s “Muslim ban” was
issued out of Hawaii—a state with one of the smallest Muslim populations in the
country. The legal mind behind that seemingly unlikely state of affairs is Neal
Katyal.
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:
Appeals court, 2-1, gives
Texas OK to use new voter ID law [Politico, 9/5/17]: A panel of the New Orleans-based 5th Circuit Court of Appeals voted,
2-1, to allow Texas to use the revised voter ID measure known as SB 5 beginning
next year. In the meantime, interim rules used in 2016 will be in effect, the
appeals court declared.
DACA’s end may hurt GOP Congress members’ reelection bids [OC
Register, 9/5/17]: President Donald Trump’s termination of the Deferred Action
for Childhood Arrival policy is expected to spur Latino — and possibly Asian —
voter turnout next year, which would make reelection more difficult for
Southern California’s 6 Republican Congress members already targeted by
Democrats.
Bipartisan swath of lawmakers files Supreme Court briefs
against gerrymandering [Politico, 9/5/17]: Arnold Schwarzenegger’s
push for nonpartisan redistricting gained significant Republican support on
Tuesday, with Ohio Gov. John Kasich signing on to his amicus brief at the
Supreme Court and Arizona Sen. John McCain filing a separate
friend-of-the-court brief.
Legislation and the Legislative
Process (TOPIC 20)
Capitol
Hill clueless on Dreamers fix [Politico, 9/5/17]: President Donald Trump just lobbed
a ticking immigration time bomb at Capitol Hill with his decision to leave the
fate of 800,000 so-called Dreamers in limbo — and lawmakers have no idea how
they’ll defuse it.
Franken opposes Trump
judicial nominee, setting up procedural clash [Politico / Minneapolis Star-Tribe, 9/5/17]: Sen. Al Franken is preparing to block the nomination
of one of President Donald Trump’s circuit court nominees — a move that would
trigger a standoff in the Senate over a century-old tradition that gives
senators significant leverage over home-state judicial candidates.
California Senate, Assembly Consider Over 100 Bills [CPR,
9/5/17]: The California state Legislature considered more than 150 measures, as
lawmakers begin the final two weeks of the year in Sacramento. Notable bills
that passed Tuesday include one that prevents counties from charging fees to
families with children in the juvenile justice system.
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
Austin has too few defense
lawyers for death penalty cases [Austin American-Statesman, 9/4/17]: Capital murder cases chew up big chunks of time — 400
hours, sometimes — which might be the biggest reason just nine attorneys in
Austin have applied and been approved to represent the indigent defendants in
the 21 capital cases pending in Travis County.
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:
Survey Finds White Christians Now a Minority in US
[CNS, 9/6/17]: The share of Americans who identify as white and Christian has
dropped below 50 percent, a transformation fueled by immigration and by growing
numbers of people who reject organized religion altogether, according to a new
survey released Wednesday.
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:
Supreme Court of
India Protects a Right to Privacy [Justia, 9/6/17]: Professor Dorf comments
on a recent decision by the Supreme Court of India in which that court ruled
that the Constitution of India protects a right of privacy. He explains the
significance of the decision not only for the largest democracy in the world,
but also for people in other constitutional democracies, including the United
States.
Gig Economy Faces Existential Threat in
Grubhub Trial [CNS, 9/6/17]: Whether a Grubhub delivery driver was
“his own boss” or controlled by his employer was the pivotal question on the
first day of a bench trial that could have far-reaching implications for the
gig economy.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Future: Trump’s DACA action has all sides focusing on
legislative, legal maneuvering [LA Daily News, 9/6/17]: Set Hernandez
doesn’t have a home. Not in the Philippines, where he was born. And, he said,
not in America. “I’m OK with being the perpetual immigrant, the other” said
Hernandez, who came to the United States with his mom 13 years ago and lives in
the San Fernando Valley. “I’m coming to terms with that. Going back to the
Philippines is something I’ve been thinking about.” But he wouldn’t be going
willingly.
California's DACA students brace for uncertain future [EdSource, 9/5/17]: California’s so-called
“Dreamers” — young people who came to the U.S. as children — are as
varied as the state itself. They’re college students, real estate agents, psychologists,
social workers, teachers, new mothers, homeowners, business owners, high school
students and others who are embedded in the daily life of California. Many have
been in the U.S. since they were small children.
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