Con Law Outline-Gerhardt.pdf - Con Law Xiaolu Sheng—2017 Spring • Constitution o Article 1 Congress � Section 8 Enumerated powers • 1 Tax Power

Con Law Outline-Gerhardt.pdf - Con Law Xiaolu Sheng—2017...

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Con Law Xiaolu Sheng—2017 Spring Constitution o Article 1: Congress § Section 8: Enumerated powers 1. Tax Power: Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States… 2. Commerce Clause: Congress shall have power to…regulate commerce with foreign nations, and among the several states, and with Indian tribes… 3. Necessary and proper clause: ± Power to make all laws that shall be necessary and proper for carrying into execution the foregoing powers” o Article 2: President of the United States § Section 3: Duties 2. “He shall take care that the laws be faithfully executed…” 3. Recommends “necessary and expedient measures” to Congress § Section 4: Grounds for impeachment o Article 3: Judicial power of the United States § Section 2: Extent of power 1. Extends to all cases arising under the Constitution, the laws of the United States, and treaties – federal question jurisdiction o Article 4: Interstate relations, management of US property § Section 1: Full faith and credit given in each state to acts of other states § Section 2: Privileges and immunities, legal obligations 1. “The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states” § Section 3: Congressional power to manage public property o Article 6: Supremacy Clause § “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made…shall be the supreme law of land” o 5 th Amendment § Right of habeas corpus, protection against double jeopardy, self-incrimination § DP Clause: “No person shall be…deprived of life, liberty, or property w/o DP of law” § Takings: “Nor shall private property be taken for public use, w/o just compensation” o 8 th Amendment: No cruel and unusual punishment o 9 th Amendment: Enumeration of constitutional rights does not deny others retained by people o 10 th Amendment § “Powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” o 11 th Amendment: Sovereign Immunity
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o 14 th Amendment: State DP and EP Clauses § DP: “…nor shall any state deprive any person of life, liberty, or property, w/o DP” § EP: “…not shall any state deny any person within its jx the EP of the laws” Constitutional arguments o Text § What is the meaning of what is written? Why are there certain clauses/punctuation? § What do terms mean? Who defines them? Is personal understanding relevant? o Original meaning § Who were the Framers? How many people had to have agreed to put it in? § What were they intending at the time? [popular plain meaning] o Structure § Separation of powers; federalism [inferred from structure] o Consequences § Effects o Historical practice § How does the President conduct himself based on authority in the Constitution?
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