Posts October 5, 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:
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 front line of America's war over abortion [Daily Mail (IL), 10/3/17]: Six states each have ONE
remaining licensed clinic surrounded by pro-life centers where protesters line
the streets chasing down patients to plead with them to 'make the right
decision There are six states with one remaining abortion clinic:
Mississippi, West Virginia, Kentucky, Wyoming, North Dakota and South
Dakota.
Politifact CA: How is a ‘mass shooting’ defined? [Politifact,
10/4/17]: One strict definition used in the past by the federal government says
at least four victims must be killed. Much broader criteria requires at least
four victims be injured, though not necessarily killed. Other definitions land
somewhere in the middle.
The
American Presidency [TOPIC 15]
Former Sheriff Joe
Arpaio's presidential pardon accepted by federal judge [Arizona Republic,
10/4/17]: The judge called criminal
contempt “an offense against the United States,” and she remarked that former
Maricopa County Sheriff Joe Arpaio will “escape punishment for his willful
violation” of a court order. See the the Sheriff respond in this article.
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 Republican Senate
Edge [Sabato’s Crystal Ball, 10/5/17]: A
look at all three classes shows the difficulties for Democrats in winning a
majority in a polarized era.
Angry GOP donors close their wallets [Politico,
10/5/17]: Tensions reached a boiling point at a recent dinner at the home of
Los Angeles billionaire Robert Day. In full view of around two dozen guests,
Thomas Wachtell, a retired oil and gas investor and party contributor,
delivered an urgent message to the night’s headliner, Senate Majority Leader
Mitch McConnell: Just do something.
Justice
Kennedy, The First Amendment, and Partisan Gerrymandering [“Take Care”
blog, 10/4/17]: Over the course of three decades on the Supreme Court, Justice
Anthony Kennedy has developed a legacy as a passionate defender of the First
Amendment.
Ginsburg Slaps Down
Gorsuch in Gerrymandering Case [New Yorker, 10/5/17]: Questioning Paul Smith, the lawyer challenging
Wisconsin’s contorted district lines, Gorsuch made another pedantic gesture, Ruth Bader
Ginsburg, who is bent with age, can sometimes look disengaged or even sleepy
during arguments, and she had that droopy look today as well. But, in this
moment, she heard him very clearly, and she didn’t even raise her head before
offering a brisk and convincing dismissal.
https://www.newyorker.com/news/news-desk/ginsburg-slaps-gorsuch
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
It’s Time We Talk
About Police Suicide [The Marshall
Project, 10/3/17]: More cops die of suicide than die of shootings and traffic
accidents combined.
Justices recall their own partying days in case over
policing and arrests [Wash Post / AP,
10/4/17]: This notorious house party made it all the way to the Supreme Court.
It was hosted by a mystery woman named 'Peaches.’ You can read about the case
in the new edition of our Con Law student text.
You can read the transcript of the oral argument in District of Columbia v. Wesby
by going to:
Indiana Supreme Court: Sex with
16-year-olds is legal, but sending them nude photos is not [Indy
Star, 10/4/17]: An adult can legally have sex with a 16- or 17-year-old in
Indiana, but sending a nude photo to a teen of the same age is illegal, the
Indiana Supreme Court has ruled.
Gorsuch Joins Court's Liberals Over Protections for
Criminal Defendants [WSJ / Jurist,
10/5/17]: The case, Class v. U.S.,
explores whether defendants give all rights to appeal after entering a plea
bargain.
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:
Can Government
Prevent Hostile Listeners from “Shouting Down” Controversial Speakers? [Justia,
10/5/17]: Professor Amar and Brownstein propose
and analyze a law to prevent hostile listeners from “shouting down”
controversial speakers that, arguably, would pass constitutional muster. Amar
and Brownstein do not fully agree on which standard of review should apply to
the regulation they propose, but they do agree that the mere fact that a
general law is applied to conventionally expressive conduct does not always
justify increasing the standard of review applied to it.
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:
The Justice Department Is
Investigating Harvard's Admissions Practices [BuzzFeed / Jurist, 10/4/17]: The
department told organizations that requested information about investigations
into admissions at Harvard that records they asked for were exempt under the
Freedom of Information Act.
New discussion in challenge to LGBT religious
objections law
[AP, 10/4/17]: Opponents might get another
chance to block a Mississippi law that lets government workers or private
businesspeople cite religious beliefs to deny services to gay or lesbian
couples.
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