CLEP Newsletter Archives
To:
Teachers of Constitutional Law in high school From:
Rich Kitchens, Director,
Constitutional Law Education Project (CLEP) (http://conlawed.com) (Email us at: rich@conlawed.com) Sub:
Newsletter #468 (October
2, 2011) This is an occasional FREE newsletter for the teachers of Constitutional
Law (4th) and others interested in teaching such a subject to
high school students. Currently, it goes out to more than 160 teachers.
It is organized to suggest strategies in each of the five units in the Constitutional Law (4th)
text. Of course, you can use any of this information without the text
as well. More information can be obtained by using the Teacher’s Guide to
Constitutional Law (4th), published by the CLEP. If you
wish to be removed from this newsletter mailing list, please reply with the
designation “Remove” in the subject box. Please let us know what you would like to see in this newsletter
as it evolves. To view past issues of the newsletter, contact Rich Kitchens at
our email address. To see Rich Kitchens’ classroom, check out: http://www.edutopia.org/room-learn-speak-your-mind
===================================================== General Articles, Hints and Reminders: Hurricane Irene and the Constitution [Bill of Rights Institute, 9/7/11]: http://billofrightsinstitute.org/document.doc?id=340 U.S. Ranks No. 1 In Low Taxes, Military Spending [OC Register,
9/30/11]:The United States has the lowest tax
revenues as a percentage of its Gross Domestic Product, and the highest
military spending as a percentage of GDP of all developed Western countries. It
also ranks first in the West for what Newsweek calls, “economic dynamism.” http://totalbuzz.ocregister.com/2011/09/29/u-s-ranks-no-1-in-low-taxes-military-spending/64163/ I. Introduction to Law, the Constitution, and the Supreme Court [See
TOPICS 1-10 in the 4th edition of Constitutional Law] Some
recent articles that are relevant to this unit: More education policies are being
challenged in court [Education Week, 9/27/11]: A growing number of state education policies are being
challenged in court, with laws on merit pay and vouchers, plus changes to
tenure and pensions, the subject of lawsuits. "We've seen an uptick in
[legal] activity because more programs are being passed all of a sudden,"
said Dick Komer, a senior attorney at the Institute for Justice. http://www.edweek.org/ew/articles/2011/09/28/05teachsuit_ep.h31.html The U.S. Supreme Court To Decide Major Legal Issues [SF Chron / Forbes /
The Atlantic, 9/30/11]: The U.S. Supreme Court, in
the 2011-12 term that starts Monday, will examine the legality of secret police
tracking of motorists - including the tracking of a man later convicted of murdering
a Bay Area journalist - as well as jailhouse strip searches and cuts in
California's Medi-Cal fees. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/30/MNL61LAG4E.DTL http://www.forbes.com/fdc/welcome_mjx.shtml A Constitutional-Law
Nerd's Take on Upcoming Supreme Court Cases [The Atlantic, 9/30/11]: The clerk will not cry
"Oyez!" until Monday, but the Supreme Court's October term has begun
-- with less than a whimper -- with the Troy Davis case. It will probably end
with a bang, as the Court decides the constitutionality of the Affordable Care
Act. These bookends offer instruction in how the world's most powerful court
sees its role. I'm sure most of the justices are mystified by the
criticism -- most cogently written by Dahlia Lithwick and
Lisa T. McElroy -- of its still unexplained three-and-a-half-hour radio silence
on the evening of Troy Davis's execution. In the Court's hermetically
sealed world, the actual people affected by its decisions aren't just
unimportant, they are basically nonexistent. Less than four hours is
practically neutrino speechneutrino speed in Court terms. Justice Stevens reveals his thoughts on 'radical'
court
[CNN, 10/1/11]: Retired
Justice John Paul Stevens arrives for our conversation looking dapper in a
three-piece dark suit and trademark bow tie. But do not mistake the
"retired" that comes with his title as a sign the 91-year-old Stevens
is slowing down. http://www.cnn.com/2011/09/30/us/scotus-preview-stevens/ The Top 10 Supreme Court Preview [The Atlantic, 10/1/11]: Can't get enough pre-season Court coverage? A legal
analyst rounds up the case previews worth reading this weekend. http://www.theatlantic.com/national/archive/2011/09/the-top-10-supreme-court-previews/245621/ II. Defining the Political System: Federalism and Checks and
Balances [See
TOPICS 11-15 in the 4th edition of Constitutional Law] Some
recent articles that are relevant to this unit: Vikram Amar, “Why States’ Electoral College Allocations Are UnAmerican, If
Perhaps Not Unconstitutional.” Justia, 9/30/11: Professor Amar comments on Michael
Dorf, “How Much Is Truly at Stake in the Legal Battle Over
Obamacare?” Justia, 9/26/11: The most closely watched case of the Supreme Court term
that begins on Monday of next week is not yet on the Court’s docket, but will
likely arrive there soon. Court watchers widely expect the Justices to
agree to hear one or more of the pending challenges to the individual mandate
of the Patient Protection and Affordable Care Act (PPACA or “Obamacare” to its
critics). After all, the federal appeals courts have reached different
conclusions about the mandate’s validity. And, the Court typically grants
review when there is such a “circuit split” on what Supreme Court Rule10 calls
an “important matter.” http://verdict.justia.com/2011/09/26/how-much-is-truly-at-stake-in-the-legal-battle-over-obamacare John Dean, “Gaming American Democracy: How New
Republican Techniques Seek to Change the Political System Itself.” Conservative operatives with almost
unlimited money (provided by wealthy supporters) have been very busy, over the
past few years, changing American political processes and, thus, the way
politics and government are undertaken, to favor Republican policies and
candidates. So far, they have been remarkably successful and they may even be
able to change the political playing field in time for the 2012 presidential
election, tilting the landscape to favor a GOP candidate. There is only
one problem with what they are doing, which is the way they are doing it. http://verdict.justia.com/2011/09/23/gaming-american-democracy The American Presidency [TOPIC 15] Economy Overshadows Obama’s National Security Victories [The Hill, 10/1/11]: President Obama has enjoyed a string of marquee victories
against terrorist networks, but voters' concerns about the economy are
obscuring what would have been significant political wins just a few years ago. Unemployment and
Potus 2012: Another Look [Sabato’s
Crystal Ball, 9/21/11]: We recently published an article asking,”What’s the Magic
Number?” and suggested the national unemployment
rate alone was not a particularly good indicator of the presidential results.
That’s not to say high unemployment can ever help an incumbent president or
party win a new term. It’s just not the alpha and the omega of an election. http://www.centerforpolitics.org/crystalball/articles/LJS2011092201/ Obama Charts A New Route To Re-Election [NY Times, 9/30/11]:
With his support among blue-collar white voters far
weaker than among white-collar independents, President Obama is charting an
alternative course to re-election should he be unable to win Ohio and other
industrial states traditionally essential to Democratic presidential victories. III.
The Political System: Voting and Campaigns [See TOPICS
16-20 in the 4th edition of Constitutional Law] Some recent
articles that are relevant to this unit: For the Campaigns, It’s Already About
Electoral College Math
[Sabato’s Crystal Ball, 9/8/11]: Straw polls,
real polls, debates, caucuses and primaries — these comprise the public side of
presidential campaigns 14 months before Election Day. But behind the scenes,
strategists for President Obama and his major Republican opponents are already
focused like a laser on the Electoral College. http://www.centerforpolitics.org/crystalball/articles/LJS2011090801/ In Iowa, It’s Up Close and Personal [Sabato’s Crystal Ball, 8/18/11]: As the http://www.centerforpolitics.org/crystalball/articles/KDK2011081801/ Herman Cain: The GOP’s Next Big Thing? [Wash Post, 9/30/11]:
Almost lost amid the buzz this week over the
possibility that New Jersey Gov. Chris Christie may seek the Republican
nomination for president was the potential rise of a candidate already in the
race: Herman Cain. Reading the Tea Leaves for 2012
[Sabato’s Crystal Ball, 9/15/11]: Monday night's "Tea Party" debate
on CNN showed the extent to which the Tea Party remains an important force in
the Republican Party. But despite the continuing relevance of the Tea Party
movement to American politics, it still lacks a center or a leader. This
presents a challenge for Republican candidates for president who are attempting
to be standard bearers for their party while also interpreting and channeling
the often unfocused energies of the Tea Party. http://www.centerforpolitics.org/crystalball/articles/ZCC2011091501/ DEMOCRATS' HOUSE HOPES
HINGE ON OBAMA
[Sabato’s
Crystal Ball, 9/29/11]: As recalled in Dominic Sandbrook’s excellent history of
the late 1970s, Mad
as Hell: The Crisis of the 1970s and the Rise of the Populist Right, President
Carter’s chances for a second term — despite the Iran hostage crisis, a lousy
economy and terrible approval ratings — were apparently alive and well until
the final days of the 1980 campaign. http://www.centerforpolitics.org/crystalball/articles/KDK2011092901/ Lawsuit Challenges California's New Congressional Districts [Sac Bee, 9/30/11]: The suit by Mariposa Republican George
Radanovich, who left Congress in January, asks the court to throw out the 53
new congressional boundaries and appoint a special master to draw new ones http://www.sacbee.com/2011/09/30/3949585/lawsuit-challenges-californias.html Brown Weighs Bill Challenging Ban On Affirmative Action [LA Times, 9/30/11]: The measure could put race and gender back into
the admissions process at California's public universities 15 years after the
state's voters banned affirmative action. http://www.latimes.com/news/local/politics/la-me-prop209-20110930,0,7138786.story [See
TOPICS 21-28 in the 4th edition of Constitutional Law] Some recent
articles that are relevant to this unit: California's Counties Brace For An Influx Of Inmates [LA Times, 10/1/11]:
Local officials across California are bracing to
manage more parolees and nonviolent felons as a new law goes into effect
Saturday requiring them to take on what had long been a state responsibility. http://www.latimes.com/news/local/la-me-1001-realignment-20111001,0,2285637.story Relaxed State Laws Blamed For Increase In Marijuana Use [Inland County
Bulletin, 10/1/11]: Some local anti-medical-marijuana
officials believe an increase in marijuana use in http://www.dailybulletin.com/news/ci_19016639 Judge casts doubt on ACLU challenge to law
forbidding audio recording of cops [Chicago Sun-Times, 9/14/11]: A senior appeals court judge said Tuesday that if
Illinois' eavesdropping law were expanded, gang bangers and 'snooping'
reporters would run rampant, secretly recording conversations unchecked. Should Faking a Name on Facebook Be a Felony? [WSJ, 9/15/11]: Congress
contemplates draconian punishment for Internet lies. http://online.wsj.com/article/SB10001424053111903285704576562294116160896.html Supreme Court is asked about jails' blanket strip-search
policies [Wash Post,
9/12/11]: Almost everyone can agree that what happened to Albert
Florence in 2005 sounds shocking. A Hate Crimes On The Rise At UC Berkeley [Bay Citizen,
9/30/11]: Spike in reported crimes came after
university launched major diversity initiative. http://www.baycitizen.org/education/story/hate-crimes-rise-uc-berkeley/ V. 1st Amendment (Speech, Religion, Press and
Assembly) [See
TOPICS 29-33 in the 4th edition of Constitutional Law] Some recent
articles that are relevant to this unit: Court backs district
on teacher's religious banners [SF Chron, 9/14/11]: Saying a high school teacher has no
right to "use his public position as a pulpit," a federal appeals
court ruled Tuesday that a San Diego County school district was on solid legal
ground when it ordered a math instructor to remove large banners declaring
"IN GOD WE TRUST" and "GOD SHED HIS GRACE ON THEE." Those
inscriptions and others that longtime teacher Bradley Johnson displayed on his
classroom wall amounted to a statement of religious views that the Poway
Unified School District was entitled to disavow, said the Ninth U.S. Circuit
Court of Appeals in San Francisco. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/13/BAVN1L458A.DTL The case is Johnson
v. Poway Unified School District and can be found at: http://www.ca9.uscourts.gov/datastore/opinions/2011/09/13/10-55445.pdf Court Rules Young Students Have
Religious-Speech Rights
[School Law Blog, 9/29/11]: A full federal
appeals court has ruled that elementary school students have First Amendment
free-speech rights to discuss religion with their classmates. The U.S. Court of
Appeals for the 5th Circuit, in New Orleans, held that based on facts alleged
in a long-running suit involving incidents in the Plano, Texas, school
district, two school principals likely violated the rights of two students who
were barred from distributing items such as religious-themed candy canes and
pencils with religious messages to fellow students. http://blogs.edweek.org/edweek/school_law/2011/09/full_5th_circuit_backs_student.html The case is Morgan
v. Swanson and can be found at: http://www.ca5.uscourts.gov/opinions/pub/09/09-40373-CV3.wpd.pdf Argument preview: Faith, teaching, and the
Constitution [SCOTUS
blog, 10/1/11]: At
10 a.m. Wednesday, the Supreme Court will hold one hour of oral argument on a
major test case on anti-discrimination laws and how far they may go to protect
parochial school teachers from workplace bias. http://www.scotusblog.com/2011/09/argument-preview-faith-teaching-and-the-constitution/ VI. 14th Amendment, Discrimination, Privacy, Working,
Citizenship & Immigration [See TOPICS
34-41 in the 4th edition of Constitutional Law] Some recent
articles that are relevant to this unit: Protect Our Right to Anonymity [NY Times, 9/13/11]: In November, the Supreme Court will hear
arguments in a case that could redefine the scope of privacy in an age of
increasingly ubiquitous surveillance technologies like GPS devices and
face-recognition software. http://www.nytimes.com/2011/09/13/opinion/protect-our-right-to-anonymity.html =========================================================
Legislation and the Legislative
Process (TOPIC 20)
IV. Criminal Law and Procedure
(4th, 5th, 6th, and 8th amendments)
