Posts for September 7, 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:
Most liberal appeals court
headed for Supreme Court reversals? [USA Today, 9/6/17]: The Supreme Court will wade into a political battle between
President Trump and the nation's most liberal appeals court this fall by
hearing four cases at the start of its upcoming term that the
administration wants overturned.
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:
Originalism and the ERA [Gerard Magliocca in Concurring Opinions, 9/7/17]: “I want
to continue my posts about the ERA, as there are many fascinating questions
raised by the possibility (whatever it is) that more states will join Nevada
and ratify this year.”
Pipeline Challengers Call for
Eminent-Domain Overhaul [CNS, 9/7/17]: Fighting to
stop two massive pipeline projects, dozens of landowners claim in a federal
complaint that the outdated eminent-domain provisions of the Natural Gas Act no
longer satisfy constitutional requirements.
Abortion clinic's challenge to Kentucky law
goes to trial Wednesday in federal court [Louisville
Courier-Journal / Reuters, 9/6/17]: The state's
last abortion clinic, fighting to stay in business, takes its case to federal
court Wednesday, arguing that enforcement actions by the administration of Gov.
Matt Bevin are meant to shut it down and deny women access to abortions in
Kentucky.
The
American Presidency [TOPIC 15]
15 states, DC sue
Trump administration over ending DACA [AP,
9/6/17]: Fifteen states and the District of Columbia sued Wednesday to
block President Donald Trump’s plan to end a program protecting young
immigrants from deportation — an act Washington state’s attorney general called
“a dark time for our country.”
Trump unveils seventh wave
of nominees to fill judicial vacancies [The Hill, 9/7/17]: President
Trump on Thursday announced his seventh wave of judicial nominees as he works
to fill more than 100 vacancies on courts across the U.S.
DACA suits could cause
static for Trump travel-ban opponents at Supreme Court [Politico, 8/6/17]: The new round of lawsuits challenging President
Donald Trump’s decision to shut down the Deferred Action for Childhood Arrivals
program, or DACA, could have an unintended consequence: making it tougher for
challengers of the president’s travel-ban policy to win at the Supreme Court.
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:
A Republican Reverie:
If Only Clinton Had Won! [Justia, 9/7/17]: Professor Buchanan argues that a
Clinton victory in 2016 would have been better for Republicans than Trump has
been. Buchanan explains why Republican obstructionism, if carried into a
Clinton presidency, would have meant longer-term wins for Republicans across
multiple branches of government.
President Trump is now holding the Republican Party
hostage [Wash Post Politico, 9/6/17]: President Trump waged a hostile
takeover of the Republican Party's presidential nomination last year. Now he's
holding the entire party hostage.
Legislation and the Legislative
Process (TOPIC 20)
Border security could be key to saving Dreamers [Politico,
9/6/17]: Republicans are demanding tougher immigration enforcement, and
Democrats are willing to deal.
Trump Sides With Democrats on Debt
Ceiling, Short-Term Funding [CNS, 9/6/17]: Senate Majority Leader
Mitch McConnell told reporters on Wednesday he will support a deal between
congressional Democrats and President Donald Trump on a short-term package to
raise the debt ceiling and fund the government.
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
MN Supreme Court: Car
doesn't have to move to be stolen [Minn. Pub. Radio, 9/6/17]: Yes, the Minnesota Supreme Court ruled today,
reversing two lower courts which had said Somsalao Thonesavanh of Nobles County,
Minn., couldn’t be convicted of car theft because he didn’t take the
car anywhere.
Next thing you know, a court
will hold that a person can be convicted of drunk driving even though he only operated the car in the driveway
of his own home.
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:
Dual Speech/Speech
Duels: Trigger Warnings [Newseum, 9/7/17]: Introducing our new feature,
where we present conflicting points of view on issues related to free
expression. Our first issue: trigger warnings.
Michigan county wins court
challenge over Christian prayers [AP, 9/6/17]: The
court says the practice of Jackson County commissioners offering Christian-only
prayers doesn't violate the U.S. Constitution. The court says commissioners
just happen to be Christian and aren't promoting one faith over others.
California faces its past in cultural struggle over
symbols [CalMatters, 9/6/17]: The cultural firestorm over statues, flags
and other symbols of the Confederacy, ignited by a violent clash of white
supremacists and their opponents in Charlottesville, Virginia, would seem far
removed from California. Not so.
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:
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