Posts November 2,
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 Need for Clearer
Understanding of the Basic Federalism Doctrines Concerning Sanctuary Cities and
Other Federal-State Flashpoints [Justia, 11/2/17]: Professor Amar explains the federalism
doctrines implicated by Attorney General Sessions’ attempt to deny funding to
sanctuary jurisdictions. Amar points to lower court decisions that reflect a
misunderstanding of the doctrines and calls upon federal courts and their law
clerks to better understand and apply not just the nuanced technical details of
various specific doctrines, but the overall federalism big picture as well.
The
American Presidency [TOPIC 15]
Trump is our first
pundit president [CNN, 11/1/17]: Cable television is at the center of
Donald Trump's life. It's stoked his interest in politics, informed him (sort
of!) on policy and sharpened his natural instincts for attack and
confrontation. And so, it's not surprising -- although it is worrisome -- that
in office, Trump acts more like a pundit and less like a president.
Trump's opponents race to
the courthouse to thwart him [Reuters, 11/2//17]: When President Donald Trump announced on Oct. 12 he
would stop subsidies to health insurers critical to the Obamacare law, the
response from Democratic state officials was swift and predictable: a lawsuit
by 18 state attorneys general was filed within 24 hours.
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:
Our Unconstitutional Reapportionment Process [Gerard Magliocca in the George Washington Law
Review, 11/1/17]: This Article argues
that the process used to reapportion representatives among the states after
each census violates Section Two of the Fourteenth Amendment. Section Two
states that the apportionment of representatives must be done based on
population unless a state disenfranchises a sufficient number of people who are
presumptively eligible voters.
Legislation and the Legislative
Process (TOPIC 20)
Senate Confirms Trump Judge Opposed By 27 LGBTQ Rights
Groups [Huff Post / Wash Times,
11/1/17]: Eight Democrats voted for Joan Larsen, who will now sit on the U.S.
Court of Appeals for the 6th Circuit.
Republicans Want To Change The Rules To Let Trump
Reshape The Judiciary ASAP [BuzzFeed
/ Reuters, 11/1/17]: Trump's
judicial nominees are clearing the Senate, but Republicans want the process to
move faster.
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 :
Oklahoma
Supreme Court blocks new DUI law to consider constitutionality [Jurist,
11/1/17]: The Oklahoma Supreme Court on Monday temporarily blocked a new
driving under the influence (DUI) law from taking effect as scheduled on
Wednesday while the court rules on questions of its constitutionality. The
Impaired Driving Elimination Act 2 (IDEA2) would change the police officer's
behavior during initial arrest as well as impose new penalty standards. Controversial parts of this law include plans to
criminalize an individual's refusal to take a breath or blood test and the
incorporation of new procedures for reinstating licenses to offenders.
9th
Circuit Revives Suit Over OC Police Killing [CNS / CBSLA, 11/2/17]: The Ninth Circuit on Wednesday revived an excessive
force case against Orange County, California, involving the shooting death of a
man by police who subsequently stomped on the victim’s head.
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:
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]
Guantanamo judge orders
contempt hearing to try to end defense revolt at war court [Miami Herald, 11/1/17]: n rapid succession Tuesday, a Marine general refused
to testify and refused to rescind an order releasing three civilian defense
lawyers, a Navy defense attorney refused to file pleadings and a military judge
scheduled a contempt hearing in the USS Cole death-penalty case.
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