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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.
Constitutional supremacy • Constitution as extraordinary law (intent) • Supremacy clause (text) – Could be read to require statutes to have procedural not substantive consonance with the Constitution. • Writtenness: Intention to bind Court as arbiter of the constitution • Institutional competence
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?)
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.
1. For a federal law: a. Does the Constitution give Congress or the President the power to enact the law? b. Even if the Constitution grants Congress or the President the power to enact the law, does the law violate another aspect of the Constitution? 2. For a state law:
CONSTITUTIONAL LAW SUBSTANCE AND PROCEDURE Fifth Edition by RONALD D. ROTUNDA Doy and Dee Henley Distinguished Chair in Jurisprudence, Chapman University School of Law JOHN E. NOWAK Raymond and Mary Simon Chair in Constitutional Law, Loyola University of Chicago School of Law VOLUME 2
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
