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CONSTITUTIONAL LAW OUTLINE . I. Introduction to the Constitution . A. Basic Principles . The U.S. Constitution is a delegation of power from the people enumerating the government’s powers and the limitations on those powers . Authorization examples: Article I, §8 . Limitation examples: Amendment I .
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.
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The most comprehensive source of law school outlines anywhere with the only outline exchange program available. Thousands of outlines used by thousands of users. Free to join.
The most comprehensive source of law school outlines anywhere with the only outline exchange program available. Thousands of outlines used by thousands of users. Free to join.
