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Constitutional Law Outline

Law Outlines > California Bar Exam - Simple Study Guide Outlines

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CON LAW Ripeness: Claim has not yet fully developed/pre-enforcement. Factors: p hardship w/o review; fitness of issues/record for review Adequate/Independent state grounds: Decision wholly supported in good faith by state law, & interp fed law wouldn't change. Abstention: Won't hear case pending in state court until resolved w/final judgment. Mootness: Claim resolved; no controversy. Except: Collateral consequences; repetitive injury evading review; voluntary stop. Political Question: Republican form of gvmt; const amend; foreign affairs; impeach; qualify. of congress. Factors: Commit to other branch, no standards, policy, respect of branches, embarrassment of multiple pronouncements. Standing: Concrete stake; Injury, or likelihood of future harm (injunction), Causation, Redressability TP: standing yourself; hard for TP assert, or special rel'nship; Org: members could sue; related to org's Purpose, individuals not required Eleventh Am: States can't be sued, unless injunction against officer, waiver, or SS5 of 14th Am by Congress. CONGRESS: Police power: MILD: Military, Indians, Land/property, D.C. Power to tax: Valid if proper regulation, intended to raise revenue, or results in raising revenue. Power to spend: For general welfare; attaching strings ok if reasonable, legitimate power, unambiguous. Tell pres how to spend. Commerce clause: Plenary power. Regulate channels, instrumentalities, persons & things in commerce. Cumulative affect. 10th Am: Reserves ungranted powers to the states/people. Cong. can't compel states to act; can't burden states w/o clear intent. Delegation of powers: Fine to delegate to exec or judiciary; can't take back. No legislative veto b/c bicameralism & presentment. PRESIDENT: (impeached for treason, high crimes and misdemeanors - maj. house, 2/3 senate conviction) Treaty: Pres negotiates; 2/3 senate approval. Const, recent fed law, other treaties supercede. Exec agreement: Used for any purpose between nations; no senate approval. Superseded by federal law. War: Pres always wins. Deploy troops; emergency powers; establish military gvmt in territories. Appointment: Ambas, fed judge, hi officials w/2/3 senate appr. Cong delegate appt of lower officials to pres, dept head, courts. Removal: Pres can fire, unless Cong requires good cause (job independence from pres desired - not cabinet). Privilege: Immune for civ suits official acts; not for pre-office acts. Priv for military/dipl. secrets; others yield to imp gvt interest. Pardon: For federal crimes, unless [?] was impeached. No pardon for civil suits or civil contempt. Strings attached ok. Veto: W/in 10 days, subject to 2/3 house override. Failure to act = law if Cong in session, veto if Cong not in session. FEDERALISM Evaluate state law: Police power, violate DP/EP, DCC, P&I.

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