Αποτελέσματα Αναζήτησης
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.
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.
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.
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
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.
our contemporary understanding of the Constitution and constitu tional law, reflected in the Rotunda treatise, in light of Story's clas sic work. Rotunda, Nowak, and Young have written their treatise for the same audience that Story sought to reach: "scholars, practi tioners, judges, legislators, and other state and federal officials
