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 #412 (June 29, 2010)
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:
Educators get
behind-the-scenes training on the U.S. Supreme Court [Google/AP,
6/23/10]: Thirty social studies teachers recently participated in
the six-day Supreme Court Summer Institute for Teachers, where they
got a behind-the-scenes look at the nation's highest court. During
the training program, teachers learned how cases are selected and
the nomination process, among other things. The teachers were
selected from 150 applicants.
http://www.google.com/hostednews/ap/article/ALeqM5h3_O5iW95jhYiy0B3XbBreP3NM5AD9GH1CC01
'Budget
Challenge' gives Californians a crack at closing deficit [Sac Bee,
6/11/10]: As Gov. Arnold Schwarzenegger and legislators debate how
to close the state's whopping budget deficit, an organization called
Next10 is giving Californians a chance to play budget-writer
themselves with an updated version of its "California Budget
Challenge."
http://blogs.sacbee.com/capitolalertlatest/2010/06/budget-challenge-gives-public.html
Language guru:
Obama speech too 'professorial' for his target audience [CNN,
6/16/10]: President Obama's speech on the gulf oil disaster may have
gone over the heads of many in his audience, according to an
analysis of the 18-minute talk released Wednesday.
http://www.cnn.com/2010/POLITICS/06/16/obama.speech.analysis/index.html
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:
9th Circuit
Backs Barry Bonds in Perjury Case [The Recorder, 6/14/10]: Federal
prosecutors struck out Friday when the 9th Circuit held that
evidence linking baseball great Barry Bonds to steroid use was
hearsay and can't be used to convict him of perjury. The 2-1 ruling
upheld a 2009 decision refusing to admit testimony by James Valente,
former vice president of the Bay Area Laboratory Cooperative.
http://www.law.com/jsp/article.jsp?id=1202462670838
It's
Complicated: David Souter finally tells
Americans to grow up [Slate, 6/9/10]: Almost two weeks ago,
former Supreme Court Justice David Souter gave the commencement
speech at Harvard a speech that's been variously described by some
of my favorite legal writers as a denunciation of "originalism," a
defense of "living constitutionalism,” and a suggestion that
"judicial activism” is a game both liberals and conservatives can
play.
http://www.slate.com/id/2256458/
The U.S. Supreme
Court
[TOPICS 7, 8, 9, 11, 12]
Kagan Treads
Carefully on Guns, Abortion [NLJ, 6/29/10]: Questioning Supreme
Court nominee Elena Kagan at her confirmation hearing today, Sen.
Dianne Feinstein, D-Calif., took on two of the most emotional issues
that come before the Court. Why, she asked Kagan, should the Supreme
Court's two recent rulings on gun rights be considered settled law
if they were both decided 5-4? "Once the Court decides a case, it
becomes binding precedent," Kagan replied. Feinstein also asked
Kagan about abortion, an issue that has long hung over the Supreme
Court confirmation process.
http://www.law.com/jsp/article.jsp?id=1202463127429
High Court All
Over the Map in 'Bilski' [NLJ, 6/29/10]: After more than 60 briefs
on both sides and an eight-month vigil for the ruling among patent
lawyers, the decision in Bilski v. Kappos issued Monday may
have done little to end the debate over what kinds of innovations
are or are not eligible for patents. The long-awaited decision was
supposed to resolve the patent eligibility of business methods or
processes that are not tied to a new machine or don't transform
anything. But while rejecting one such patent, it did not rule out
method patents in general.
http://www.law.com/jsp/article.jsp?id=1202463099629
In 4 Key
Rulings, Supreme Court Limits Fraud Statutes' Reach [NLJ, NY Times,
6/25/10]: In four high-impact decisions Thursday, the U.S. Supreme
Court significantly limited the scope of federal laws used by
prosecutors and plaintiffs in pursuing alleged corporate fraud. In
the post-Enron case of Skilling v. U.S. and the related cases
of media mogul Conrad Black and Alaska legislator Bruce Weyhrauch,
the high court redefined the "honest services" criminal fraud
statute to cover only bribes and kickbacks, instead of the range of
illicit activities prosecutors have used the law to
punish.
http://www.law.com/jsp/article.jsp?id=1202462988905
http://www.nytimes.com/2010/06/25/business/25norris.html
http://www.nytimes.com/2010/06/25/us/25scotus.html
High Court
Rejects Effort to Keep Names of Petition Signers Secret [NLJ,
6/25/10]: Public disclosure of the names and addresses of signers of
referendum petitions does not violate the First Amendment, the U.S.
Supreme Court ruled on Thursday. The justices rejected a broad
challenge to the state of Washington's Public Records Act in a case
stemming from a referendum on a state law that extended benefits to
same-sex couples. However, while rejecting the broad First Amendment
challenge, the majority held open the possibility that the groups
seeking anonymity in this particular case could press a narrower
challenge.
http://www.law.com/jsp/article.jsp?id=1202462982776
Register for
the FREE “Supreme Court Insider” Newsletter [NLJ, 6/16/10]:
Coverage
from two of the most influential journalists covering SCOTUS: Tony
Mauro and Marcia Coyle Reports on all issues before the appellate
circuits that will or may be coming to Supreme Court Interviews and
video with the nation’s leading appellate litigators Statistics on
cert grants, opinions, arguments and win-loss records for
practitioners
https://store.law.com/Registration/Default.aspx?promoCode=scem
Michael Dorf, “What's in
Store for Elena Kagan? An Imagined Confirmation Hearing.”
Writ, 6/15/10: What can we expect from this month's upcoming
confirmation hearings for Supreme Court nominee, and current
Solicitor General, Elena Kagan? Professor Dorf offers a humorous and
telling account of how he imagines the confirmation hearings might
go -- especially if Kagan and her questioners were much more candid
than they are likely to be in reality.
http://writ.news.findlaw.com/dorf/20100615.html
GOP eager to
press case in Elena Kagan hearing [Politico, 6/28/10]: Republicans,
who decided early on that they stood little chance of defeating
Supreme Court nominee Elena Kagan, settled instead on making her
confirmation process a “teachable moment” to highlight the dangers
of liberal judicial activism.
http://www.politico.com/news/stories/0610/39081.html
Court Affirms
Ban on Aiding Groups Tied to Terror [NY Times, 6/22/10]: In a case
pitting free speech against national security, the Supreme Court on
Monday upheld a federal law that makes it a crime to provide
“material support” to foreign terrorist organizations, even if the
help takes the form of training for peacefully resolving
conflicts.
http://www.nytimes.com/2010/06/22/us/politics/22scotus.html
Read the decision in
Holder v. Humani-Taliban Law Project at:
http://www.supremecourt.gov/opinions/09pdf/08-1498.pdf
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:
Justices Say
Gun Rights Apply Locally [NY Times, 6/28/10]: The 5-4 Supreme
Court ruling involved a challenge to the City of Chicago’s gun
control law, regarded as among the strictest in the
nation.
http://www.nytimes.com/2010/06/29/us/29scotus.html
Read McDonald v. City of
Chicago:
http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
See the “NRA will fight to
implement decision” [MSNBC, 6/28/10]:
http://www.msnbc.msn.com/id/21134540/vp/37975104#37975104
Michael C. Dorf, “The
Potentially Far-Reaching Implications of the Supreme Court's Ruling
that the Second Amendment Binds the States.” Writ, 6/29/10:
Professor Dorf weighs in on the Monday, June 28th, Supreme Court
ruling holding that the Second Amendment's right to bear arms
applies against the States, and not only the federal government, and
that, therefore, the Second Amendment limits States' and localities'
ability to ban handguns. The Court's ruling builds on its prior
ruling that the Second Amendment limits the District of Columbia's
ability to ban handguns. As Dorf explains, in this case, the Court
had to confront not only the issue of whether the right to bear arms
-- and specifically, a right to keep a gun for the defense of one's
self and family in one's home -- applies against the States, but
also what the constitutional basis for that holding is: the Due
Process Clause, or the Privileges or Immunities Clause? Dorf also
considers whether this Monday's decision indicates that the Court is
open to incorporating -- that is, applying -- more, or even all, of
the Bill of Rights to the States, and not simply to the federal
government.
http://writ.news.findlaw.com/dorf/20100629.html
Supreme Court
Rebuffs Homeowners in Beach Case [NY Times, 6/17/10]: The justices
said beach-widening projects that cut off private access weren’t an
unconstitutional “taking.”
http://www.nytimes.com/aponline/2010/06/17/us/politics/AP-US-Supreme-Court-Beach-Erosion.html
The American
Presidency [TOPIC 15]
John Dean, “President
Obama's Scandal That Wasn't, and Still Isn't: The Alleged Promises
to Sestak and Romanoff.” Writ, 6/11/10: Dean comments on
allegations that the Obama White House made illegal promises to
Congressman Joe Sestak and to Andrew Romanoff, the former speaker of
the Colorado House of Representatives, on the condition that each
would not run for a Senate seat.
http://writ.news.findlaw.com/dean/20100611.html
Democrat in
Chief? [NY Times’ Sunday Mag, 6/13/10]: It’s not clear that
President Obama cares deeply about leading his party. That’s the
real wild card in the midterm elections.
http://www.nytimes.com/2010/06/13/magazine/13midterms-t.html
Has President
Obama run out of luck? [Politico, 6/25/10]: Barack Obama used to be
one lucky guy. His rise to power was nothing less than meteoric. In
1997, he was serving as a state senator from Illinois. By 2009, he
was president of the United States.
http://www.politico.com/news/stories/0610/38942.html
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:
Analysis:
Lessons of the 2010 primaries, from Kay Bailey Hutchison to Carly
Fiorina [SF Chron blog, 6/13/10]: Kay Bailey Hutchison was this
year's canary in the coal mine of American politics.
http://www.sfgate.com/cgi-bin/blogs/nov05election/detail?blogid=14&entry_id=65651
House passes
campaign finance bill [Politco, 6/25/10]: The DISCLOSE — Democracy
Is Strengthened by Casting Light on Spending in Election — Act will
require corporations, labor unions, trade associations and advocacy
groups to publicly declare their role in TV ads or mass mailings
during the closing months of a political campaign, including where
the money is coming from to pay for such activities.
http://www.politico.com/news/stories/0610/38975.html
Primary lesson:
Don't let ads go unchallenged [SF Chron, 6/10/10]: Former Gov. Jerry
Brown and other forces lining up to oppose Republican gubernatorial
nominee Meg Whitman in November learned something from the
billionaire's overwhelming primary victory: It wasn't just about her
seemingly bottomless bank account.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/06/10/MN7G1DSPME.DTL
California
Voting Change Could Signal Big Political Shift [NY Times, 6/10/10]:
The time for tinkering is done. That was the message Californians
sent when they voted Tuesday to radically rejigger elections in the
nation’s most populous state.
http://www.nytimes.com/2010/06/10/us/politics/10prop.html?hp
Court fights
possible over ‘open primary’ [Capitol Weekly, 6/10/10]: California
voters gave Arnold Schwarznegger something he hasn’t had much of
lately – a political victory.
http://www.capitolweekly.net/article.php?xid=ywj1bt5etdtqfb
Under the
radar: Another view of Election Night [Capitol Weekly, 6/10/10]: But
there were some nail-biters in legislative races and a couple of
surprises in statewide contests that caught some of the so-called
experts flat-footed.
http://www.capitolweekly.net/article.php?xid=ywj16a6z391p32
Politics can be
risky business for a CEO [Wash Post, 6/11/10]: As Meg Whitman,
California's new Republican gubernatorial nominee, puts it, she and
GOP Senate pick Carly Fiorina are the "worst nightmare" of career
politicians: "two businesswomen from the real world who know how to
create jobs, balance budgets and get things done."
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/10/AR2010061005502.html
Prop. 8
spending found to have swayed no voters [SF Chron, 6/16/10]: The
warring sides in the 2008 battle over same-sex marriage in
California may have spent a combined $83 million for nothing,
according to an academic study released Tuesday.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/06/16/MN051DVGNE.DTL
Open primaries?
We've been here before [California Watch, 6/18/10]: Here’s a relic
from California’s last experiment with open primaries: It’s a flyer
produced by a Republican congressman from Whittier for the 1950 U.S.
Senate race, one of the bitterest political campaigns in California
history.
http://californiawatch.org/watchblog/era-open-primaries-democrats-nixon-and-pink-lady
California
Watch launches “Politics Verbatim” [California Watch, 6/21/10]:
Today, they are unveiling a website built by Chase Davis called
Politics Verbatim. This new site will attempt to track every
quote, promise and statement made by our two major candidates for
governor in California – Democrat Jerry Brown and Republican Meg
Whitman.
http://californiawatch.org/watchblog/california-watch-launches-politics-verbatim
Legislation
and the Legislative Process (TOPIC
20)
Fensterwald:
North-south divide on parcel taxes [EducatedGuess, 6/11/10]: This is
proving to be a tough year to pass a parcel tax – unless you live in
the Bay Area, where voters in even low-income districts are coming
to accept a parcel tax as a necessary price in a low-funded
state.
http://educatedguess.org/blog/2010/06/11/north-south-divide-on-parcel-taxes/
Neil Buchanan, “Drawing
Lines for Business Behavior: Lessons from the Rand Paul Controversy
and President Obama's Response to the Gulf Disaster.” Writ,
6/17/10: Professor Buchanan makes an interesting connection between
two recent controversies involving, respectively, Republican Senate
candidate Rand Paul and President Obama. Buchanan contends that
analysts -- such as one in the New York Times -- have let
Paul off the hook too easily for his controversial remark on "The
Rachel Maddow Show," disagreeing with the Civil Rights Act's
prohibition on discrimination on the basis of race in the provision
of goods and services.
http://writ.news.findlaw.com/buchanan/20100617.html
IV.
Criminal Law and Procedure (4th, 5th,
6th, and 8th amendments)
[See TOPICS 21-28 in the
4th edition of Constitutional Law]
Some recent articles that
are relevant to this unit:
Supreme Court
Allows Search of Employee's City-Owned Pager [NY Times / Law.com,
6/17/10]: Speaking for a unanimous Court, Justice Kennedy concluded
that a warrantless search of messages sent by a police officer via a
pager supplied by the City of Ontario Police Department for use in
conducting official business was reasonable and, therefore, did not
violate the officer’s Fourth Amendment rights.
http://legalclips.nsba.org/?p=494&utm_source=Subscribers&utm_campaign=a38f53df9a-Legal+Clips+Newsletter&utm_medium=email
http://www.law.com/jsp/article.jsp?id=1202462789970
The case, Ontario v.
Quon, can be found at:
http://www.law.cornell.edu/supct/html/08-1332.ZO.html
Marcia Hamilton, “Reforming
the Statute of Limitations for Child Sex Abuse: New York's Child
Victims Act Shouldn't Be Political, But It Is.” Writ,
6/10/10: Professor Hamilton comments on a bill that would have
altered New York law on criminal and civil statutes of limitations
for child sex abuse, but that was defeated in New York's Senate
Codes Committee. As Hamilton explains, the bill would have extended
criminal and civil statutes of limitations for child sex abuse by
five years, and would have opened a year-long statute-of-limitations
window, during which past victims could bring suit even if the
applicable statute of limitations had previously expiredhttp://writ.news.findlaw.com/hamilton/20100610.html
Supreme Court
Delivers Rare Victory to Death Penalty Defendants [NLJ, 6/15/10]:The
U.S. Supreme Court on Monday sympathized with a Florida death row
inmate whose lawyer missed a deadline for his habeas appeal and
failed to communicate with him for years despite numerous written
pleas for help. A rare procedural victory for defendants under the
Antiterrorism and Effective Death Penalty Act of 1996, the decision
won applause from those concerned about inadequate legal
representation for death row inmates on appeal.
http://www.law.com/jsp/article.jsp?id=1202462698534
Supreme Court
Upholds Law Criminalizing 'Material Support' for Terrorist Groups
[NLJ, 6/22/10]: The U.S. Supreme Court upheld Monday the federal law
criminalizing "material support" for designated terrorist groups,
rejecting complaints that the law is so vague that it would stifle
political speech by groups with peaceful intent. The 6-3 decision
was a big victory for government prosecutors, who frequently use the
statute as a weapon to neutralize individuals with suspected ties to
terrorist groups. The decision may also be a boost for Solicitor
General Elena Kagan, who defended the statute at oral argument Feb.
23.
http://www.law.com/jsp/article.jsp?id=1202462888955
Sherry Colb, “The Miranda Right to Counsel
Shrinks at the Supreme Court.” Writ, 6/23/10: Professor Colb
comments on a significant recent right-to-counsel Supreme Court
decision, Maryland v.
Shatzer. The case posed the following question: An
incarcerated prisoner is interrogated about a second crime that he
is suspected of committing. He invokes his Miranda rights to ask for an
attorney, which cuts off the questioning. Two weeks later, while he
is still incarcerated, police would like to re-approach him, to
question him again about the second crime, while giving him new
Miranda warnings. Can they do so?
http://writ.news.findlaw.com/colb/20100623.html
Stalking Can Be
a Form of Domestic Violence, Says Calif. Court [The Recorder,
6/25/10]: Setting up a conflict with judicial colleagues in San
Diego, a state appellate court in Ventura, Calif., has found
stalking to be an act of domestic violence and, therefore,
admissible to prove a propensity to commit other crimes. The ruling
directly clashes with a 2005 ruling by a San Diego
court.
http://www.law.com/jsp/article.jsp?id=1202462985911
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:
Group Barring
Gays Can Be Denied Recognition, High Court Says [School Law
Blog, 6/28/10]: In a case that attracted wide interest from college
groups, K-12 education associations, and religious rights advocates,
the U.S. Supreme Court said today that a law school can deny
recognition to a Christian student group that refuses membership to
gays.
http://blogs.edweek.org/edweek/school_law/2010/06/scotus_last_day.html
http://www.law.com/jsp/article.jsp?id=1202463106522
To read Christian Legal
Society v. Martinez, go to:
http://www.supremecourt.gov/opinions/09pdf/08-1371.pdf
Justices affirm
First Amendment in 2 cases [Tony Mauro of the First Amendment
Center, 6/25/10]: Court could have cited Internet pervasiveness to
change its thinking on values of press, disclosure in Skilling v.
U.S., Doe v. Reed.
http://www.firstamendmentcenter.org/analysis.aspx?id=23097
Without
independent press, we’d know less about oil spill, McChrystal [First
Amendment Center, 6/27/10]: Both stories involve the kind of
watchdog journalism that goes beyond company and government press
releases.
http://www.firstamendmentcenter.org/commentary.aspx?id=23091
A Bruise on the
First Amendment [NY Times, 6/22/10]: Forty-three years ago, when the
nation lived in fear of Communist sympathizers and saboteurs, the
Supreme Court said that even the need for national defense could not
reduce the First Amendment rights of those associating with American
Communists. On Monday, in the first case since the Sept. 11,
2001, attacks to test free speech against the demands of national
security in the age of terrorism, the ideals of an earlier time were
eroded and free speech lost. By preserving an extremely vague
prohibition on aiding and associating with terrorist groups, the
court reduced the First Amendment rights of American citizens. [See
next story below]
http://www.nytimes.com/2010/06/22/opinion/22tue1.html
Court Affirms
Ban on Aiding Groups Tied to Terror [NY Times, 6/22/10]: In a case
pitting free speech against national security, the Supreme Court on
Monday upheld a federal law that makes it a crime to provide
“material support” to foreign terrorist organizations, even if the
help takes the form of training for peacefully resolving
conflicts.
http://www.nytimes.com/2010/06/22/us/politics/22scotus.html
Read the decision in
Holder v. Humani-Taliban Law Project at:
http://www.supremecourt.gov/opinions/09pdf/08-1498.pdf
Ruling may
break 1st Amendment ground [Tony Mauro of the First Amendment
Center, 6/23/10]: Decision marks first time Court 'has applied
strict scrutiny and found a statute to satisfy that strict
standard,' says attorney who argued case.
http://www.firstamendmentcenter.org/analysis.aspx?id=23079
Elena Kagan and
the Religion Clauses [NLJ / First Amendment Center, 6/25/10]: Many
assume that if Elena Kagan is confirmed as a Supreme Court justice,
her votes on the Court will come out pretty much the same way as
those of her predecessor, John Paul Stevens. But two separate
reports issued Wednesday suggest that Kagan may part company with
Stevens in cases involving religious liberty. The reports highlight
her views on the Establishment Clause and the Free Exercise Clause
of the First Amendment, suggesting she may chart a different
course.
http://www.law.com/jsp/article.jsp?id=1202462981066
http://www.firstamendmentcenter.org/commentary.aspx?id=23087
9th Circuit to
Rehear Nazi Salute Free Speech Case [AP, 6/22/10]: The 9th U.S.
Circuit Court of Appeals will convene an 11-judge panel today to
weigh in on whether a man's rights were abridged when he was
arrested at a Santa Cruz, Calif., City Council meeting after giving
a Nazi salute. Robert Norse says he abhors Nazi views but was
protesting what he viewed as the mayor's unfair cutting off of a
speaker who was criticizing the council. Norse's lawsuit against the
city has lasted more than six years and may be destined for the U.S.
Supreme Court.
http://www.law.com/jsp/article.jsp?id=1202462885448
School
censorship undermines what kids learn in civics [Charles Haynes of
the First Amendment Center, 6/21/10]: Educating for good citizenship
means schools should let students practice what they're
taught.
http://www.firstamendmentcenter.org/commentary.aspx?id=23068
Julie Hilden, “Can Public
Schools Constitutionally Punish Students' Off-Campus Speech? The
U.S. Court of Appeals for the Third Circuit Will Decide.”
Writ, 6/9/10: Hilden comments on two February 2010 Third
Circuit panel decisions that were recently re-heard en banc by the
Circuit. Both decisions involve public-school students who were
suspended from school for creating fake MySpace pages that purported
to be (but could not really have been mistaken for) pages authored
by, and about, the principals of their schools. Hilden explains and
contrasts the facts of the two cases, and contends that the ACLU's
position that schools cannot constitutionally regulate off-campus
speech is correct.
http://writ.news.findlaw.com/hilden/20100609.html
Julie Hilden, “Will the
Internet End -- Or Simply Transform -- Libel Law?” Writ,
6/21/10: Hilden comments on reports that the number of libel suits
filed against media entities is dropping sharply -- and considers
possible explanations as to why this is the case. Hilden also argues
that libel law realities have long been unfair to defendants, and
suggests why, in the age of the Internet, the longstanding law
regarding libel may be outmoded in important ways. http://writ.news.findlaw.com/hilden/20100621.html
First Amendment
no shield from 'give-and-take' of political process [David Hudson of
the First Amendment Center, 6/16/10]: A former school board member
in Washington state has no valid First Amendment claim even though
fellow school board members removed him as vice president for his
dissenting comments. A federal appeals court reasoned in a June 14
ruling that “the First Amendment doesn’t shield public figures from
the give-and-take of the political process.”
http://www.firstamendmentcenter.org/analysis.aspx?id=23057
Appeals Court
Rebuffs District on Church Graduations [School Law Blog, 6/15/10]: A
federal appeals court has rejected a Connecticut school district's
request for an expedited appeal in a lawsuit over the district's
efforts to hold high school graduation ceremonies at a large
Christian church.
http://blogs.edweek.org/edweek/school_law/
Teachers Guide to
Intellectual Property: Issues of Fair Use in the Classroom
Webinar
[CRF, 6/9/10]: The webinar was recorded and included a great
discussion on fair use by intellectual property experts from the
USPTO and O'Melveny and Myers. If you missed the live webinar, you
can watch it anytime by going to www.educateIP.org and click on the webinar
link.
SPLC,
Journalism Groups Urge Appeals Court to Overturn High School
Censorship Case [SPLC, 6/15/10]: The Student Press Law Center and
two national journalism organizations filed a friend-of-the-court
brief urging a federal appeals court to overturn a ruling that
upheld the censorship of a cartoon that was critical of a New York
high school's teaching methods for sex education.
http://www.splc.org/newsflash.asp?id=2106
Petition-signers don't have right to keep
names secret [AP, 6/25/10]: People who sign petitions calling for
public votes on controversial subjects don't have an automatic right
to hide their names, the Supreme Court ruled today in an appeal
brought by Washington state voters worried about harassment because
of their desire to repeal that state's gay-rights law.
http://www.firstamendmentcenter.org/news.aspx?id=23085
http://www.firstamendmentcenter.org/faclibrary/case.aspx?case=Doe_v_Reed
Read the opinion in Doe
v. Reed:
http://www.supremecourt.gov/opinions/09pdf/09-559.pdf
Blog: Woman
loses free-speech challenge in custody case [First Amendment Center,
6/28/10]: California appeals court rejects claim that restraining
order barring Victoria Hartmann from obstructing her husband's time
with their children was overly broad, vague.
http://www.firstamendmentcenter.org/commentary.aspx?id=23102
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:
Olson surprises
many conservatives by seeking to overturn gay-marriage ban [Wash
Post, 6/14/10]: Cocktails had been served on the terrace, the
ubiquitous Washington buffet of tenderloin and salmon consumed, and
the gay law students settled in to hear from the famed legal mind
who is leading the battle to make sure they have the right to marry
whomever they want, wherever in the United States of America they
live.
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/13/AR2010061305057.html
Where's the
Evidence? Judge Asks Proposition 8 Supporters [The Recorder,
6/17/10]: Charles Cooper, the attorney defending a federal challenge
to Proposition 8, delivered his closing argument on same-sex
marriage Wednesday. But Chief Judge Vaughn Walker made it feel more
like a cross-examination. Walker closely questioned Cooper about his
trial presentation, including why his side called only one witness
to testify about the institution of marriage. While Cooper's
counterpart, Gibson Dunn's Theodore Olson, was able to deploy lofty
rhetoric with less interruption, Cooper had to parry Walker for
about two hours.
http://www.law.com/jsp/article.jsp?id=1202462767022
Vikram Amar, “Reflections
on the Trial Challenging California's Proposition 8, the Ban on
Same-Sex-Marriage.” Writ, 6/18/10: Professor Amar comments on
the recent conclusion of the trial over California's Proposition 8,
the state's voter-passed ban on same-sex marriage.
http://writ.news.findlaw.com/amar/20100618.html
The Law of
Working [TOPIC
39]
Benefits
embattled across U.S. [Sac Bee, 6/13/10]: California is bracing for
a big increase in the cost of supporting its public employee
pensions. Other states, by contrast, are slashing retirement
expenses.
http://www.sacbee.com/2010/06/13/2818600/pensions.html
High Court
Finds Hundreds of Labor Cases Were Improperly Decided [NLJ,
6/18/10]: The vacancy-plagued National Labor Relations Board did not
have authority to issue nearly 600 decisions in the last two years
with only two board members, the U.S. Supreme Court ruled Thursday.
The decision's immediate effect will be to return to the board an
estimated 75 to 80 cases that are challenging the legitimacy of
two-member board decisions. Another 500 or so cases are void, but
whether the aggrieved parties petition for review of their cases may
depend on the facts of those cases, according to
attorneys.
http://www.law.com/jsp/article.jsp?id=1202462796964
Appeals court
hears minimum wage arguments for California state workers [Sac Bee,
6/22/10]: A government civil war continued in a Sacramento appellate
court on Monday, setting the stage for a dramatic decision that will
dictate whether the state can withhold pay to the federal minimum
for more than 200,000 workers.
http://www.sacbee.com/2010/06/22/2838987/appeals-court-hears-minimum-wage.html
Teachers in LA
and SF will see more cutbacks and pink slips in 2010-2011
[California Watch, 6/25/10]: Amid protest signs and tearful pleas,
school boards in San Francisco and Los Angeles approved budgets this
week that will result in more furlough days and pink
slips.
http://www.californiawatch.org/watchblog/no-good-news-horizon-teachers-la-and-sf-will-see-more-pink-slips-2010-2011
International
Law, Citizenship and Immigration [TOPIC
40-42]
Most Americans
back new Arizona law, Washington Post-ABC News poll finds [Wash
Post, 6/17/10]: Most Americans support the new, controversial
Arizona law that gives police there the power to check the residency
status of suspected illegal immigrants. But most also still back a
program giving those here illegally the right to earn legal
documentation, according to a new Washington Post-ABC News
poll.
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/17/AR2010061700008.html
=========================================================
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 #411
(June 9,
2010) – This is the final regular newsletter of the
school year. In early July we will send one out, and in early
August. Have a great summer!
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:
School
documents provide glimpse of 'pay to play' practices [California
Watch, 6/9/10]: In April 1984, the state Supreme Court ruled that
schools violate the state's constitutional guarantee to a free
education when they charge children to participate in
extracurricular activities. Nearly 30 years later, a San Diego grand jury found numerous
examples of San Diego schools charging exorbitant fees for
cheerleading and other activities.
http://californiawatch.org/watchblog/glimpse-what-school-pay-play-looks
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:
The
U.S. Supreme
Court
[TOPICS 7, 8, 9, 11, 12]
High Court
Justices Turn Out for 'Thurgood' Play [NLJ, 6/7/10]: Chief Justice
John Roberts Jr. and Justices Stephen Breyer and Ruth Bader Ginsburg
were among those attending a performance last week of the one-man
play "Thurgood," featuring Laurence Fishburne's powerful portrayal
of the late Supreme Court Justice Thurgood Marshall. The justices
joined in the applause when Marshall exulted over his victory in Brown v.
Board of Education, but sat quietly for some of the more
politically charged applause lines, just as they do at the State of
the Union address.
http://www.law.com/jsp/article.jsp?id=1202459246933
Justices Rule
on Bankruptcy, Procedure, Prisons, but Not Hillary Clinton [NLJ,
6/8/10]: The U.S. Supreme Court on Monday
inched toward the end of the term with three decisions in the areas
of bankruptcy, procedure and prison law. Also, the justices
dismissed a lawsuit against Hillary Rodham Clinton that argued she
was ineligible to serve as Secretary of State; in addition, they
denied review of a closely watched challenge to the federal No Child
Left Behind education law. The justices have 24 cases pending
decision, including the highly anticipated patent case Bilski v.
Kappos.
http://www.law.com/jsp/article.jsp?id=1202461142996
Scott Gerber and Kevin Hawley, “Elena
Kagan and the Return to Feudalism.” Writ, 6/7/10: Gerber and Hawley take issue with a
repeated theme in the debate over Elena Kagan's Supreme Court
nomination: the theme of elitism. Gerber and Hawley contend that
Kagan's Harvard Law School attendance and, later, deanship, have
caused many to fail to fully and fairly examine the rest of her
record. They note that their quibble is not so much with Kagan
herself -- as they believe she would be a fine Justice -- as with
those who believe that her Harvard connections mean that little
further inquiry, or accomplishment, is necessary. In particular,
Gerber and Hawley point to editorials supporting Kagan by Professor
Mark Tushnet and Dean Christopher Edley as exemplifying the
problem.
http://writ.news.findlaw.com/commentary/20100607_gerber.html
Kagan Not a
Souter-Style Stealth Candidate, Says Former Acting SG [NLJ, 6/9/10]:
Former acting Solicitor General Walter Dellinger said Tuesday that
Elena Kagan's work for civil rights and Democratic icons should
alleviate any concerns that liberals may have about her. Speaking at
a panel sponsored by the liberal American Constitution Society,
Dellinger was asked about the criticism that Kagan's views are
largely unknown. Dellinger, chairman of the appellate practice at
O'Melveny & Myers, said that Kagan's no stealth candidate, as
the largely unknown David Souter was in 1990.
http://www.law.com/jsp/article.jsp?id=1202461774201
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:
Website aims to
educate the public about state government [LA Times,
6/8/10]: The nonpartisan site, created by
scholars at Stanford and UC Berkeley, aggregates information,
endorsements, news and resources on how the state operates.
Encouraging reform is a major goal.
http://www.latimes.com/news/local/education/la-me-reform-20100608,0,6769830.story
Go
to:
http://californiachoices.org/
The American
Presidency [TOPIC 15]
Poll: Obama's
support erodes among Latinos [LA Times, 6/8/10]: President Obama
continues to lose support among Latinos, a sign of the impact of the
continuing furor over immigration reform, while the president’s
support among whites and blacks has remained constant in recent
months, according to a Gallup poll released
Monday.
http://latimesblogs.latimes.com/dcnow/2010/06/poll-obamas-support-erodes-among-latinos-.html
Political
ripples from Gulf spill [The Hill, 6/9/10]: Senior Democratic lawmakers are
worried President Barack Obama fumbled public relations on the Gulf
oil spill. The critique is similar to one Obama heard during the
healthcare debate last year, when voters soured on his top domestic
policy initiative.
http://thehill.com/homenews/administration/102131-gulf-political-ripples-
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:
Whitman,
Fiorina win GOP primaries [LA Times / Politico, 6/9/10]: Republicans choose wealthy
businesswomen to oppose Democrats Brown and Boxer for governor and
U.S. senator.
http://www.latimes.com/news/local/la-me-election-20100609,0,6225779.story
http://www.latimes.com/news/local/la-me-election-20100609,0,6225779.story
Meg Whitman won
with money, marketing [Capitol Alert, 6/9/10]: Less than 18 months ago, Meg Whitman
began her race for the governor's office as a political blank
slate.
http://blogs.sacbee.com/capitolalertlatest/2010/06/by-jack-chang-j.html
Whitman on the
right, Brown on the left, voters in the middle [LA Times,
6/9/10]: Victory for the former EBay chief sets
up a battle of political opposites.
http://www.latimes.com/news/local/la-me-election-analysis-20100609,0,4240408.story
Prop 14:
California Voters Back Election Overhaul [NY Times / Capitol Weekly,
6/9/10]: Hoping to fix a system many Californians view as
fundamentally broken, voters Tuesday moved to radically alter the
way they pick their candidates for state and Congressional offices
by eliminating traditional primaries in favor of a new, and largely
untested, system.
http://www.nytimes.com/2010/06/10/us/politics/10prop.html
http://www.capitolweekly.net/article.php?xid=ywgidwk0ejx1ss
Some California
election results remain too close to call [LA Times,
6/9/10]: While the big-ticket races were all
called early, there are a handful of nail-biters still out
there.
http://latimesblogs.latimes.com/california-politics/2010/06/california-election-results-too-close-to-call.html
Arkansas
Democrat Sen. Blanche Lincoln wins primary [LA Times,
6/9/10]: The two-term senator withstands this
year's strong anti-incumbent tide. But in
Nevada, a 'tea party' favorite wins the GOP
nomination to face Senate Majority Leader Harry Reid in
November.
http://www.latimes.com/news/nationworld/nation/la-na-election-national-20100609,0,5380908.story
‘Tea party'
favorite in Nevada wins GOP nod for Senate {LA Times, 6/9/10]:
Backed by "tea party" activists and a wave of anti-Washington
sentiment, Sharron Angle, a former Nevada state representative, won
the GOP nomination to face Sen. Harry Reid, the Senate majority
leader and one of the major political insiders in the nation’s
capital.
http://latimesblogs.latimes.com/dcnow/2010/06/primary-result-tea-party-favorite-wins-gop-nod-for-senate.html
CalBuzz: Thin
Brown Line Between eMeg and the White House [CalBuzz, 6/7/10]: In
the middle of a press scrum at the Republican state convention on
March 12, Meg Whitman laughed out loud at a radio news reporter who
asked her about her national political
ambitions:
http://www.calbuzz.com/2010/06/thin-brown-line-between-emeg-and-the-white-house/
Vikram Amar, “What Does It Mean to "Let
the People Decide"? California's
Proposition 16, Supermajority Rules, and the Unhelpfulness of
Political Ads.” Writ, 6/4/10:
Professor Amar comments on California's Proposition 16, which would impose a
supermajority voting rule when municipal officials make decisions to
invest money in providing electric service. Amar faults the
publicity campaign for the Proposition for leaving out its
supermajority component, and presenting the issue as simply one as
to whether the public should have a right to vote. Amar also
contends that there are only two categories of situations where
supermajority voting rules truly make sense, and questions whether
Proposition 16 fits into either of them.
http://writ.news.findlaw.com/amar/20100604.html
Money and anger
dominate California's top primary contests [LA Times, 6/6/10]: As
GOP bids wind down, personal spending vaults Meg Whitman to front of
gubernatorial race and Carly Fiorina into the lead for Senate. All
Republican candidates are trying to tap voters' sour
mood.
http://www.latimes.com/news/local/la-me-election-20100606,0,6029168.story
Five economic
clues to 2010 election [Politico, 6/6/10]: Yet again, it’s the economy,
stupid.
http://www.politico.com/news/stories/0610/38151.html
Carly Fiorina
Means Business [NY Sunday Times’ Mag, 6/6/10]: On
a cloudless spring afternoon, Carly Fiorina strode onto
an outdoor stage in Pleasanton, Calif., with the happy, hungry
expression of someone not just confident of an enthusiastic
reception but counting on one. She surveyed a riot of signs artful
and artless — “Give us liberty, not debt,” “Pelosi’s gavel is the
new health care colonoscopy” — and beamed.
http://www.nytimes.com/2010/06/06/magazine/06Fiorina-t.html
Turn off the
Spigot [Bay Citizen, 6/8/10]: To an unprecedented degree, nearly
every race Tuesday has been defined – and perhaps decided – by
money.
http://www.baycitizen.org/june-8-election/story/big-spenders/
CalBuzz: Top
Primary Ads & Return of the Calbuzz Election Pool
[Cal Buzz, 6/8/10]: Although
California’s big statewide races seem headed for
what you call your anti-climatic conclusions, there’s still plenty
of, um, drama in today’s primary voting.
http://www.calbuzz.com/2010/06/its-primary-day-the-calbuzz-election-pool-returns/
Legislation
and the Legislative Process (TOPIC
20)
Fensterwald:
Leg analyst predicts Prop 98 suspension [EducatedGuess, 6/8/10]:
Legislative Analyst Mac Taylor believes it may be unavoidable – and
may be preferable – to suspend Proposition 98, the primary method of
funding K-12 schools and community colleges, in a year when the
state is struggling to close a massive $20 billion
deficit.
http://educatedguess.org/blog/2010/06/08/leg-analyst-predicts-prop-98-suspension/
Legislature
votes on flurry of bills before summer budget fight settles in [SJ
Merc, 6/5/10]: With the weight of a summer budget fight pressing
down on them, California legislators this week sprinted through
dozens of bills before the money battle begins in earnest, giving
their blessings to would-be laws affecting everything from home
foreclosures to drivers to the age when kindergartners should start
school.
http://www.mercurynews.com/politics-government/ci_15230217
Liberal House
Dems, unions push for $23B fund to save teacher jobs [The Hill,
6/8/10]: Soon after Congress returns from its Memorial Day recess,
liberal House Democrats and teachers unions will make one last push
to pass a $23 billion fund to prevent teacher
layoffs.
http://thehill.com/homenews/house/101639-liberals-push-for-23-billion-fund-to-save-teacher-jobs
IV.
Criminal Law and Procedure (4th, 5th,
6th, and 8th amendments)
[See TOPICS 21-28 in the
4th edition of Constitutional Law]
Some recent articles that are relevant to
this unit:
Sherry Colb, “The Supreme Court Holds
That Responding to Police Interrogation Waives The Right to Remain
Silent.” Writ, 6/7/10: Professor Colb comments on a recent
Supreme Court decision regarding the scope and meaning of the famous
"right to remain silent" established by the Court in Miranda v. Arizona. As Colb
explains, the Court held that a suspect who had been read his
Miranda rights, and
then was subjected to an almost three-hour-long near-monologue of
police questioning, still waived those rights when he finally
responded to the police. Colb -- who predicted this very holding at
an earlier stage of the case -- argues that the Court's decision
breaks with the spirit of Miranda, which was meant to serve as a
genuine protection against coercive
interrogation.
http://writ.news.findlaw.com/colb/20100607.html
California has
high hopes of reinstating death penalty [Sac Bee, 6/5/10]: When
Caryl Chessman died in California's gas chamber 50 years ago –
probably the state's most notorious execution – 18 inmates were left
on death row. Today, there are 702.
http://www.sacbee.com/2010/06/05/2800140/california-has-high-hopes-of-reinstating.html
Banks: Time to
end the marijuana charade? [LA Times, 6/8/10]: It's no longer about whether 'medical
marijuana' is being used only by people who are in pain or
ill.
http://www.latimes.com/news/local/la-me-banks-20100608,0,6807424.column
Fresno men who
tattooed boy not guilty of mayhem [Fresno Bee, 6/8/10]: A Fresno
County jury Monday found two Fresno gang members who inked a tattoo
on a 7-year-old boy not guilty of aggravated mayhem, saying the
child's testimony against his father wasn't
believable.
http://www.fresnobee.com/2010/06/07/1960845/fresno-men-who-tattooed-boy-innocent.html
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:
Was father
'captive' to funeral protesters? [First Amendment Center,
6/4/10]:
Albert Snyder
argues in high court brief that he couldn't avoid
Westboro
Baptist
Church's hateful speech.
http://www.firstamendmentcenter.org/analysis.aspx?id=23019
The myth of
'media bias' [First Amendment Center, 6/3/10]: Despite public
perception lumping all 'media' together, the truth is that most
traditional news organizations strive for
balance.
http://www.firstamendmentcenter.org/commentary.aspx?id=23016
At ground zero,
a blowup over a mosque [First Amendment Center, 6/6/10]: Reasonable people can
disagree over building Islamic center near 9/11 site, but there's no
excuse for anti-Muslim hysteria.
http://www.firstamendmentcenter.org/commentary.aspx?id=23018
Full 3rd
Circuit Weighs Student Web Speech [School Law Blog, 6/4/10]: A
federal appeals court on Thursday weighed whether students may face
school discipline for speech created off campus that parodies school
administrators, sometimes in vulgar and offensive
terms.
http://blogs.edweek.org/edweek/school_law/2010/06/full_3rd_circuit_weighs_intern.html
Fla.
governor signs school-speech bill [AP, 6/7/10]: Measure originally would have allowed prayers
at noncompulsory school events but was revised to bar schools from
infringing on First Amendment rights of students, teachers or
staff.
http://www.firstamendmentcenter.org/news.aspx?id=23026
Nina Simone’s
song of protest [First Amendment Center, 6/7/10]:
Late, great
singer's rage at injustice gets an encore that reminds us why it's
vital to exercise our freedoms.
http://www.firstamendmentcenter.org/commentary.aspx?id=23027
'Law &
Order': ripped from the headlines and Constitution [First Amendment
Center, 6/7/10]:
Throughout
20-year run of hit TV series, detectives and prosecutors frequently
tackled difficult First Amendment questions.
http://www.firstamendmentcenter.org/analysis.aspx?id=23029
Newspaper
adviser resigns following student editorial advocating marijuana
legalization [SPLC, 6/7/10]: The newspaper adviser at Big Spring
(Texas) High School resigned May 28 after the principal pulled the
last issue of the paper, which included an editorial advocating the
legalization of marijuana.
http://www.splc.org/newsflash.asp?id=2102
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:
ACLU sues
government for 'spying' information [AP, 6/6/10]:
Lawsuit says
public deserves to know reach of government’s powers under
foreign-surveillance law, including how many e-mails, phone calls
have been collected.
http://www.firstamendmentcenter.org/news.aspx?id=23024
Joanna Grossman, “Lewis v. City of
Chicago: The Supreme Court
Protects the Rights of Disparate-Impact Discrimination Plaintiffs.”
Writ, 6/8/10: Professor Grossman comments on a recent
Supreme Court decision regarding disparate-impact discrimination. As
Grossman explains, the underlying claim was that the cutoff score on
an exam for would-be firefighters had a disparate impact on
African-American candidates, but the key issue in the case was
whether the would-be firefighters had filed their claims soon enough
for the claims to be timely. The Court ultimately decided that the
claims had, in fact, been timely. Grossman explains in detail why
the Court reached that conclusion, and traces the line of
anti-discrimination-law precedent that it relied upon in coming to
its result.
http://writ.news.findlaw.com/grossman/20100608.html
The Law of
Working [TOPIC
39]
12,000
California nurses ready to strike [SF Chron, 6/7/10]: More than
12,000 nurses in California are set to hold a one-day walkout
Thursday, taking part in what could be the largest registered
nursing strike in the country's history.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/06/07/BAFR1DPGEN.DTL
Judge blocks
strike by University of California nurses [Sac Bee, 6/9/10]: A San
Francisco judge today blocked thousands of nurses from striking on
Thursday, granting a temporary restraining order sought by the
University of California.
http://www.sacbee.com/2010/06/08/2808145/judge-blocks-strike-by-university.html
Politicians
turn on labor unions [Politico, 6/7/10]: Spurred by state budget crunches and an angry
public mood, Republican and some Democratic leaders are focusing
with increasing intensity on public workers and the unions that
represent them, casting them as overpaid obstacles to good
government and demanding cuts in their often-generous benefits.
http://www.politico.com/news/stories/0610/38183.html
International
Law, Citizenship and Immigration [TOPIC
40-42]
Indian Court
Convicts 7 in Bhopal Gas Disaster [AP, 6/8/10]: A court Monday
convicted seven former senior employees of Union Carbide's Indian
subsidiary of "death by negligence" for their roles in the 1984 leak
of toxic gas that killed an estimated 15,000 people in the world's
worst industrial disaster. Survivors of the
Bhopal accident said the light sentences -- two
years in prison -- are too little, too late given the scale of the
damage. In India's notoriously slow justice system, the
appeal process could drag on for years, even decades, while those
convicted remain free on bail.
http://www.law.com/jsp/article.jsp?id=1202461229306
=========================================================
