Constitutional law outline harvard

CONSTITUTIONAL LAW I OUTLINE. Field, Fall 2008. Separation of Powers. Judicial Power (Art. III). General Rubric 1; Jurisdiction (fed. ct. jurisdiction, standingLegislative Power (Art. I)Categories of RightsEqual Protection

How does the Constitution create a system of overlapping sovereignty?

Theoretical basis: Constitution creates a system of overlapping sovereignty—both the people as individuals and the people acting as states delegate power to the national government (McColluch) 2

The Commerce Clause & the 10th and 11th Amendments (Internal and External Limits on Congress’s Powers) Commerce Clause (Art

Should court go beyond the text of the Constitution to invent new rights?

Black/Stewart in Griswold: Courtshould not go beyond the text of the Constitution to invent new rights Risk of Lochnerizing (Lawrence dissents) Lochnerize: To throw out an outrageous law even though nothing in the Constitution says the law is unconstitutional (i

, to substitute the Court’s judgment for that of the legislature)

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