From Exclusivity to Concurrence
... where a given activity “x” can be performed by more than one institution despite the fact that the Constitution (appears to) place the power to do “x” in one specified institution. “Exclusivity” refers to the situation where a given activity “x” can be performed by only a single institution. By “ins ...
... where a given activity “x” can be performed by more than one institution despite the fact that the Constitution (appears to) place the power to do “x” in one specified institution. “Exclusivity” refers to the situation where a given activity “x” can be performed by only a single institution. By “ins ...
RTF format
... prosecute "without fear, favour or prejudice".8 This implies pre-trial equal treatment and precludes selective prosecution or the dropping of charges in prima facie cases for reasons of political expediency. In the Zuma case where he contested the reopening of the case, the Supreme Court of Appeal d ...
... prosecute "without fear, favour or prejudice".8 This implies pre-trial equal treatment and precludes selective prosecution or the dropping of charges in prima facie cases for reasons of political expediency. In the Zuma case where he contested the reopening of the case, the Supreme Court of Appeal d ...
The Constitution in the Supreme Court: The New Deal, 1931-1940
... one of the most dramatic periods in its history, the Court began to demolish President Roosevelt's New Deal and appeared to revitalize substantive limitations on state law as well.9 None of these decisions, perhaps, was actually inconsistent with what the Court had done before. Several were joined n ...
... one of the most dramatic periods in its history, the Court began to demolish President Roosevelt's New Deal and appeared to revitalize substantive limitations on state law as well.9 None of these decisions, perhaps, was actually inconsistent with what the Court had done before. Several were joined n ...
district level hearing questions
... a. The Constitution does not mention judicial review. How and why has it become an accepted idea? b. In what circumstances, if any, should the national judiciary have the power to declare state laws unconstitutional? c. Should the executive and legislative branches, as well as the judiciary, have th ...
... a. The Constitution does not mention judicial review. How and why has it become an accepted idea? b. In what circumstances, if any, should the national judiciary have the power to declare state laws unconstitutional? c. Should the executive and legislative branches, as well as the judiciary, have th ...
Exploring Government Answer Key
... legislatures. 6. Three-fifths of the number of slaves would be counted for both direct taxes and for apportioning seats in the House. In addition, the importation of slaves could continue for twenty years, but then it could be ended at that point. 7. A series of articles favoring ratification that a ...
... legislatures. 6. Three-fifths of the number of slaves would be counted for both direct taxes and for apportioning seats in the House. In addition, the importation of slaves could continue for twenty years, but then it could be ended at that point. 7. A series of articles favoring ratification that a ...
Basic Constitutional Analysis - Santa Clara Law Digital Commons
... If claimant demonstrates that the government has harmed him or her sufficiently to create a justiciable claim that is within the jurisdiction of the court, the next question is whether the government action that harmed the client violated any constitutional limit." The task of the lawyer is to exami ...
... If claimant demonstrates that the government has harmed him or her sufficiently to create a justiciable claim that is within the jurisdiction of the court, the next question is whether the government action that harmed the client violated any constitutional limit." The task of the lawyer is to exami ...
USI.10 On a map of North America, identify the first 13 states to ratify
... What was Hamilton’s plan and how was it received? What is federalism? How did the Constitution create a federal system of government? How did the people approve the new constitution? How did Congress organize the new government? How did political parties develop? How does the US Supreme Court use th ...
... What was Hamilton’s plan and how was it received? What is federalism? How did the Constitution create a federal system of government? How did the people approve the new constitution? How did Congress organize the new government? How did political parties develop? How does the US Supreme Court use th ...
Tenth Amendment After Garcia: Process
... two problems: (1) "representatives selected by states do not represent the states as government entities . . .[in that] [tihe structural interests of the states, in short, are quite separate and distinct from the substantive policy interests of the people of the various states which are reflected in ...
... two problems: (1) "representatives selected by states do not represent the states as government entities . . .[in that] [tihe structural interests of the states, in short, are quite separate and distinct from the substantive policy interests of the people of the various states which are reflected in ...
Federalism in the Americas in Comparative Perspective
... be empowered to deal with national affairs and the state governments with local affairs, indicates how these powers should be divided. Hence, federal systems divide governmental powers differently. Even within the same country and under the same constitution, divisions of powers shift and evolve. Th ...
... be empowered to deal with national affairs and the state governments with local affairs, indicates how these powers should be divided. Hence, federal systems divide governmental powers differently. Even within the same country and under the same constitution, divisions of powers shift and evolve. Th ...
Constitutional Law I Spring 2003
... Justices = life tenure during “good behavior” (really just doing your job) & salary protection No public/political influence over their decisions Is Supreme Court only body that rules on constitutionality of laws? It seems so… President can veto if he thinks law is unconstitutional, no different ...
... Justices = life tenure during “good behavior” (really just doing your job) & salary protection No public/political influence over their decisions Is Supreme Court only body that rules on constitutionality of laws? It seems so… President can veto if he thinks law is unconstitutional, no different ...
Federalism and Constitutional Entrenchment
... “Self-determination, non-domination, and federalism,” forthcoming, Hypatia (both available on SSRN). The present paper is one of two planned to defend the theory developed across these papers against two lines of criticism—the critique of constitutional entrenchment in this case, and the charge that ...
... “Self-determination, non-domination, and federalism,” forthcoming, Hypatia (both available on SSRN). The present paper is one of two planned to defend the theory developed across these papers against two lines of criticism—the critique of constitutional entrenchment in this case, and the charge that ...
The Constitution of the United States: A
... All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the U ...
... All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the U ...
Currie 9 (2002)
... cases or controversies, and part of that deciding involves choosing the law that governs a case. And if it decides cases arising under the constitution, then they get to decide what it means. a. This suffers from same defect as the judicial power argument above: it’s circular 3. Supremacy clause: in ...
... cases or controversies, and part of that deciding involves choosing the law that governs a case. And if it decides cases arising under the constitution, then they get to decide what it means. a. This suffers from same defect as the judicial power argument above: it’s circular 3. Supremacy clause: in ...
The Self-Stabilizing Constitution: The Role of the Takings Clause
... The U.S. Constitution has survived for over two centuries, despite a Civil War and numerous other crises. In contrast, most national constitutions last less than two decades. Why has the U.S. Constitution sustained a largely stable democratic system while so many others have failed? A self-stabilizi ...
... The U.S. Constitution has survived for over two centuries, despite a Civil War and numerous other crises. In contrast, most national constitutions last less than two decades. Why has the U.S. Constitution sustained a largely stable democratic system while so many others have failed? A self-stabilizi ...
How To Interpret the Constitution (and How Not To)
... to friends and colleagues that Akhil Amar is one-hundred-and-ten percent brilliant, but that the last ten percent is often wrong. America’s Constitution is only one-hundred percent brilliant. It shaves off Amar’s earlier tendencies to extremeness and cleverness for its own sake. It pares down the fo ...
... to friends and colleagues that Akhil Amar is one-hundred-and-ten percent brilliant, but that the last ten percent is often wrong. America’s Constitution is only one-hundred percent brilliant. It shaves off Amar’s earlier tendencies to extremeness and cleverness for its own sake. It pares down the fo ...
Judicial Review and Its Politicization in Central America: Guatemala
... criticisms of "judicial-made law" is that it leads to unelected and unaccountable judges replacing elected officials in the policy-making process. However, counter to this, many would argue that activist judiciaries can be good for democracy if they uphold and protect the interests of the weak and t ...
... criticisms of "judicial-made law" is that it leads to unelected and unaccountable judges replacing elected officials in the policy-making process. However, counter to this, many would argue that activist judiciaries can be good for democracy if they uphold and protect the interests of the weak and t ...
Chapter 5, Section 1: Federalism and Preemption
... the only place in the Constitution that prescribes a specific oath of office—when the Constitution was drafted, little was known about what the president’s role would be. Article II grants the president an almost total power over foreign affairs, including the power to make treaties and appoint amba ...
... the only place in the Constitution that prescribes a specific oath of office—when the Constitution was drafted, little was known about what the president’s role would be. Article II grants the president an almost total power over foreign affairs, including the power to make treaties and appoint amba ...
Agent Counterplans - Paper - Michigan
... executive power, and presidents who push too far will find that Congress and the courts will push back. Yet the president retains significant legal, institutional, and political advantages that make executive authority a more powerful tool than scholars have thus far recognized. This emphasis on con ...
... executive power, and presidents who push too far will find that Congress and the courts will push back. Yet the president retains significant legal, institutional, and political advantages that make executive authority a more powerful tool than scholars have thus far recognized. This emphasis on con ...
Constitutional Limits on the Decisional Powers of Courts and
... never sustained by any court (evidently because it was never challenged judicially), the legislature was not troubled by this assignment of seemingly regulatory or administrative tasks to a court. The legislature saw no conflict between this statute and the separation of powers provision in the rece ...
... never sustained by any court (evidently because it was never challenged judicially), the legislature was not troubled by this assignment of seemingly regulatory or administrative tasks to a court. The legislature saw no conflict between this statute and the separation of powers provision in the rece ...
constitution day - University of Notre Dame
... already quoted and that deserves repeating: “No form of Government whatever,” he says, “has any other value than as it may be fitted for the attainment of” the people’s happiness. He’s prepared to reject the Constitution and abolish the Union itself should either prove “inconsistent with the public ...
... already quoted and that deserves repeating: “No form of Government whatever,” he says, “has any other value than as it may be fitted for the attainment of” the people’s happiness. He’s prepared to reject the Constitution and abolish the Union itself should either prove “inconsistent with the public ...
Text and Principle in John Marshall`s Constitutional Law: the Cases
... power in the federalism cases. The conflict between text and principle was masked in these cases by the Marshall Court's acceptance of legislative adaptation of the grants of power, and by the constitutional authorization to the judiciary to maintain the supremacy of national law. In the last third ...
... power in the federalism cases. The conflict between text and principle was masked in these cases by the Marshall Court's acceptance of legislative adaptation of the grants of power, and by the constitutional authorization to the judiciary to maintain the supremacy of national law. In the last third ...
Understanding the Illinois Constitution
... The first Illinois Constitution was written during the summer of 1818 at a convention in Kaskaskia on the banks of the Mississippi River. Kaskaskia had been the territorial capital and was the state capital of Illinois from 1818 through 1820. The constitution was adopted as part of the process Illin ...
... The first Illinois Constitution was written during the summer of 1818 at a convention in Kaskaskia on the banks of the Mississippi River. Kaskaskia had been the territorial capital and was the state capital of Illinois from 1818 through 1820. The constitution was adopted as part of the process Illin ...
Rule by Martial Law in Indiana - Digital Repository @ Maurer Law
... common in New Castle during the development of the labor dispute, out their troops on written request of the sheriff of the county without waiting for the governor's order. IND. ANN. STAT. -§ 45-2106 (Burns Supp. 1955). ...
... common in New Castle during the development of the labor dispute, out their troops on written request of the sheriff of the county without waiting for the governor's order. IND. ANN. STAT. -§ 45-2106 (Burns Supp. 1955). ...
Make-up Work Policy
... supplemental readings, and student packets, introduces students to the fundamental values and constitutional principles of the American political system. The responsibilities of citizens in our democratic republic are explored at the end of the unit. Students begin their study of civics and governme ...
... supplemental readings, and student packets, introduces students to the fundamental values and constitutional principles of the American political system. The responsibilities of citizens in our democratic republic are explored at the end of the unit. Students begin their study of civics and governme ...