Posts February 2, 2018
These are the 2018
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]
Some recent articles that are relevant to this unit
Is the Federal Judiciary Independent of Congress? [SSRN, 2/1/18]: Can
Congress command a federal court to rule in favor of a particular party in a
pending case? The answer to this seemingly simple question is unsettled.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3106780
'I will be there': Ruth Bader Ginsberg says she
has no plans to retiree [Haaretz,
2/1/18]: Ginsburg says the U.S. should pass the
Equal
https://www.haaretz.com/us-news/.premium-ruth-bader-ginsburg-says-she-ll-keep-serving-with-full-steam-ahead-1.5786065
II. Defining
the Political System: Federalism and Checks and Balances [See TOPICS 11-15 in the 5th edition
of Constitutional Law]
Some recent articles that are relevant to this unit:
The American
Presidency [TOPIC 15]
Trump falsely claims his State of the Union
audience was 'highest' in history [LA Times, 2/1/18]:
Trump’s audience, measured by Nielsen data, is b / NPRelow the 48 million viewers
who watched former President Obama's first State of the Union address in 2010.
It’s also below 52 million — the number that tuned in to watch President George
W. Bush’s first such speech in 2002 and President Clinton’s in 1994.
http://www.latimes.com/politics/la-na-pol-essential-washington-updates-trump-falsely-claims-his-state-of-the-1517489511-htmlstory.html
https://www.npr.org/sections/thetwo-way/2018/02/01/582414052/trump-claims-his-sotu-had-the-highest-ratings-in-history-it-didn’t
III. The Political System: Voting and
Campaigns
Interest groups spent record $339 million on
lobbying California state government in 2017 pLA Times, 2/1/18]:The spending activity to influence elected officials
and bureaucrats far exceeds the previous record of $314.7 million in 2015, new lobbying reports
show.
http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-by-the-numbers-democrats-look-strong-in-1517550946-htmlstory.html
Legislation and the Legislative Process
\
California Senate approves staff
whistleblower protections [AP, 2/1/18]: The
California Senate has unanimously approved whistleblower protections for
legislative staff after four years of stonewalling the measure. The Senate's
passage comes as the Legislature grapples with an ongoing sexual misconduct
scandal that's prompted two members to resign and another to take a leave of
absence.
http://customwire.ap.org/dynamic/stories/C/CA_CALIFORNIA_LEGISLATURE_SEXUAL_HARASSMENT_CAOL-?SITE=CASON&SECTION=STATE&TEMPLATE=DEFAULT&CTIME=2018-02-01-13-37-16
If Republicans Really Wanted a Middle;e Class Tax Cut, They
Could Have Passed a Much Better (and Cheaper) One [Justia, 2/2/18: Professor
Buchanan argues that Republicans could have achieved a middle-class tax
cut a fraction of the cost of the Republicans' tax bill. Buchanan points out
that while the middle class may see a few thousand dollars in the short-term,
Republican donors and wealthy corporations will benefit from significantly
reduced taxes year after year, indefinitely, causing yet another surge in
economic inequality.
v
https://verdict.justia.com/2018/02/02/republicans-really-wanted-middle-class-tax-cut-passed-much-better-cheaper-tax-bill
IV. Cminal Law and Procedure (4th, 5th,
6th, and 8th amendments) [See TOPICS 21-28 in the 5th edition of
Constitutional Law] Some recent articles that are relevant to this unit:
Court overturns order on FBI surveillance of
Northern California Muslims [SF
Chron, 2/1/18]:
A
federal appeals court on Thursday overturned a ruling by a judge in San
Francisco that would require the FBI to release documents describing its
efforts to keep watch on Muslims in Northern California and recruit informants
from the Muslim community.
https://www.sfgate.com/bayarea/article/Court-overturns-order-on-FBI-surveillance-of-12544542.php
https://www.courthousenews.com/fbi-can-keep-muslim-spy-files-under-wraps-9th-circuit-rules/
Case Appealed to U.S. Supreme Court Omnstitute If All 50 States Must Comply with U.S.
Constitution's Excessive Fines Clause [Insight for Justice blog, 2/1/18]: Indiana
Supreme Court Ruled It May Impose Excessive Fines in Forfeiture Cases Until the
U.S. Supreme Court Says It Can't,":
http://ij.org/press-release/case-appealed-u-s-supreme-court-asks-50-states-must-comply-u-s-constitutions-excessive-fines-clause/
Neil Gorsuch and Samuel Alito Butt Heads Over the
Fourth Amendment, Again
[“Hit and Run” blog, 2/1/18]: Gorsuch advances another property rights theory
of the Fourth Amendment that Alito rejects
http://reason.com/blog/2018/02/01/neil-gorsuch-and-samuel-alito-butt-heads
V. 1st
Amendment (Speech, Religion, Press and Assembly) [See TOPICS 29-33 in the 5th edition
of Constitutional Law]
Some recent articles that are relevant to this unit:
Is
Legislator-Led Prayer Constitutional? [Newseum, 2/1/18]: The
Establishment Clause says that the government can’t establish a religion or
favor one set of believes over another. When local government officials
open their meetings with prayers, are they?
http://www.newseuminstitute.org/2018/02/01/is-legislator-led-prayer-constitutional/
Eagle Point Educ. Assn. v. Jackson County School Dist. No. 9
[9th cir., 12618]: :The Court iverturned
district policies that prohibited, among other
things, picketing on school district property, and prohibited strikers from
coming onto school grounds, even for reasons unrelated to an anticipated
teachers' strike. Reada the decision at:
https://law.justia.com/cases/federal/appellate-courts/ca9/15-35704/15-35704-2018-01-26.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2018-02-02-education-law-ad46deff17&utm_content=text-case-title-2
VI. 14th Amendment, Discrimination,
Privacy, Working, Citizenship & Immigration [See TOPICS
34-41 in the 5th edition of Constitutional Law] Some recent articles
that are relevant to this unit:
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