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CONSTITUTIONAL LAW OUTLINE I. Introduction to the Constitution A. Basic Principles 1. The U.S. Constitution is a delegation of power from the people enumerating the government’s powers and the limitations on those powers a) Authorization examples: Article I, §8 b) Limitation examples: Amendment I 2.
Article V outlines two methods of constitutional amendment. Two thirds of both Houses of Congress could propose amend-ments; or, the legislatures of two thirds of the states could call for a convention to propose amendments. In either case, no pro-posal could become part of the Constitution unless three quarters of the states would ratify it.
single volume treatise on Constitutional law." The authors state that their purpose is to provide an up-to-date summary and analysis of the principal areas of constitutional law.
Constitutional Law I Outline. Overarching Question in all ConLaw analysis: Does the government actor in question have Constitutional authority to take this action? (Related question: If it’s not provided for in the Constitution, always ask the flip-side: Is it prohibited?)
The Secretary contends that “there is ‘a textually demonstrable constitutional commitment’ ” to the President of the sole power to recognize foreign sovereigns and, as a corollary, to determine whether an American born in Jerusalem may
Capsule Summary of Constitutional Law. PART ONE: THE ALLOCATION OF GOVERNMENTAL POWER: NATIONAL AND STATE. I. JUDICIAL REVIEW. Jurisdiction is the power to hear a case. In addition to jurisdictional rules, there are prudential principles limiting the occasions when a federal court will decide a case on the merits.
The Constitution, treaties, and laws of the United States are the “supreme law of the land”. A federal law will supersede any state law in direct conflict. Congress can PREEMPT any state law in an area in which exercise of federal power is constitutional.
