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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
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.
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?)
FORMAT The format of this Black Letter is specially designed for review. (1) Text. First, it is recommended that the entire text be studied and, if deemed necessary, supplemented by the student texts cited. (2) Capsule Summary. The Capsule Summary is an abbreviated review of the subject matter which can be used both
The following is a more accessible plain text extract of the PDF sample above, taken from our Constitutional Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting.
This document contains an outline of constitutional law topics, including: 1. Five theories of interpreting the Constitution such as original intent, textualism, precedent, current morality, and conceptions of justice.
