Con law - 5 thoughts Forum
-
- Posts: 111
- Joined: Mon Aug 25, 2008 1:19 pm
Con law - 5 thoughts
If you could take 5 KEY thoughts into a con law final with you, what would they be?
- kalvano
- Posts: 11951
- Joined: Mon Sep 07, 2009 2:24 am
Re: Con law - 5 thoughts
1) Fuck you, Thomas
2) Fuck you, Stevens
3) Fuck you, political question
4) Fuck you, Commerce Clause
5) Thanks for being contrary and awesome, Scalia
2) Fuck you, Stevens
3) Fuck you, political question
4) Fuck you, Commerce Clause
5) Thanks for being contrary and awesome, Scalia
- Ty Webb
- Posts: 520
- Joined: Mon Nov 23, 2009 10:47 pm
Re: Con law - 5 thoughts
1) Congressional actions are always bound by 1)the provided power to act and 2)constitutional limits.
2) State legislative actions are bound only by the constraints of the constitution.
3) The varying levels of scrutiny and how to apply each
4) Equal protection deals with classifications, while substantive due process deals with deprivation of a fundamental right
5) A general working knowledge of the balance between enhancing federal power (Ginsburg, Breyer) and ensuring the sanctity of state's rights (Roberts, Scalia/Thomas, Alito).
2) State legislative actions are bound only by the constraints of the constitution.
3) The varying levels of scrutiny and how to apply each
4) Equal protection deals with classifications, while substantive due process deals with deprivation of a fundamental right
5) A general working knowledge of the balance between enhancing federal power (Ginsburg, Breyer) and ensuring the sanctity of state's rights (Roberts, Scalia/Thomas, Alito).
- Ty Webb
- Posts: 520
- Joined: Mon Nov 23, 2009 10:47 pm
Re: Con law - 5 thoughts
Strange definition of awesome you're working with.kalvano wrote:1) Fuck you, Thomas
2) Fuck you, Stevens
3) Fuck you, political question
4) Fuck you, Commerce Clause
5) Thanks for being contrary and awesome, Scalia
- uwb09
- Posts: 574
- Joined: Tue Sep 29, 2009 2:09 am
Re: Con law - 5 thoughts
what about in relation to multiple choice questions? I've taken dozens but I still can't seem to get a grasp on how to deal with them... these con-law MC questions pwn me
Want to continue reading?
Register now to search topics and post comments!
Absolutely FREE!
Already a member? Login
- TCScrutinizer
- Posts: 497
- Joined: Sun Sep 13, 2009 11:01 pm
Re: Con law - 5 thoughts
You must be a supporter of the homosexual agenda.Ty Webb wrote:Strange definition of awesome you're working with.kalvano wrote:1) Fuck you, Thomas
2) Fuck you, Stevens
3) Fuck you, political question
4) Fuck you, Commerce Clause
5) Thanks for being contrary and awesome, Scalia
- Ty Webb
- Posts: 520
- Joined: Mon Nov 23, 2009 10:47 pm
Re: Con law - 5 thoughts
TCScrutinizer wrote:You must be a supporter of the homosexual agenda.Ty Webb wrote:Strange definition of awesome you're working with.kalvano wrote:1) Fuck you, Thomas
2) Fuck you, Stevens
3) Fuck you, political question
4) Fuck you, Commerce Clause
5) Thanks for being contrary and awesome, Scalia
-
- Posts: 387
- Joined: Mon May 03, 2010 2:47 pm
Re: Con law - 5 thoughts
Amazing.TCScrutinizer wrote:You must be a supporter of the homosexual agenda.
-
- Posts: 154
- Joined: Thu Aug 13, 2009 4:35 pm
Re: Con law - 5 thoughts
Redundancy much?Ty Webb wrote:1) Congressional actions are always bound by 1)the provided power to act and 2)constitutional limits
- kalvano
- Posts: 11951
- Joined: Mon Sep 07, 2009 2:24 am
Re: Con law - 5 thoughts
Army2Law wrote:Redundancy much?Ty Webb wrote:1) Congressional actions are always bound by 1)the provided power to act and 2)constitutional limits
Not really, they are two separate concepts.
- Ty Webb
- Posts: 520
- Joined: Mon Nov 23, 2009 10:47 pm
Re: Con law - 5 thoughts
Hope you have a little time between now and your exam.Army2Law wrote:Redundancy much?Ty Webb wrote:1) Congressional actions are always bound by 1)the provided power to act and 2)constitutional limits
-
- Posts: 154
- Joined: Thu Aug 13, 2009 4:35 pm
Re: Con law - 5 thoughts
Enumerated powers are a Constitutional limit. I assume you also meant things like the First Amendment as Constitutional limits outside the scope of Article I, but, you're still redundant, tiger.Ty Webb wrote:Hope you have a little time between now and your exam.Army2Law wrote:Redundancy much?Ty Webb wrote:1) Congressional actions are always bound by 1)the provided power to act and 2)constitutional limits
- kalvano
- Posts: 11951
- Joined: Mon Sep 07, 2009 2:24 am
Re: Con law - 5 thoughts
Army2Law wrote:Enumerated powers are a Constitutional limit. I assume you also meant things like the First Amendment as Constitutional limits outside the scope of Article I, but, you're still redundant, tiger.Ty Webb wrote:Hope you have a little time between now and your exam.Army2Law wrote:Redundancy much?Ty Webb wrote:1) Congressional actions are always bound by 1)the provided power to act and 2)constitutional limits
Might want to re-check things.
For Congress to act, it must have both the power to act on the matter expressly granted by the Constitution AND it must not be overstepping any boundaries set by the Constitution.
Authorization versus limitation. Two separate things.
Register now!
Resources to assist law school applicants, students & graduates.
It's still FREE!
Already a member? Login
- Ty Webb
- Posts: 520
- Joined: Mon Nov 23, 2009 10:47 pm
Re: Con law - 5 thoughts
Explaining enumerated powers as a "limit" is an interesting way to misconstrue the concept.Army2Law wrote:Enumerated powers are a Constitutional limit. I assume you also meant things like the First Amendment as Constitutional limits outside the scope of Article I, but, you're still redundant, tiger.Ty Webb wrote:Hope you have a little time between now and your exam.Army2Law wrote:Redundancy much?Ty Webb wrote:1) Congressional actions are always bound by 1)the provided power to act and 2)constitutional limits
As Kalvano said, these are two very distinct concepts. Congress can't act without Constitutional authorization (i.e. its enumerated powers). Once Congress does act, it is only authorized insofar as its action doesn't run over the other lines laid out in the Constitution.
One concept deals with the topics on which Congress is authorized to act. The other concept deals more with the substantive content of the legislation and whether it bumps into other constitutional limits (among them are personal rights limits, state rights limits, etc.).
- kalvano
- Posts: 11951
- Joined: Mon Sep 07, 2009 2:24 am
Re: Con law - 5 thoughts
Think of it this way.
SEAL Team 6 is authorized to go in and get Bin Laden - enumerated powers.
However, they are not allowed to kill civilians or anyone who isn't a direct threat - Constitutional limits.
SEAL Team 6 is authorized to go in and get Bin Laden - enumerated powers.
However, they are not allowed to kill civilians or anyone who isn't a direct threat - Constitutional limits.
-
- Posts: 154
- Joined: Thu Aug 13, 2009 4:35 pm
Re: Con law - 5 thoughts
Congress still has its powers limited by what it is granted by the Constitution. Meaning, Congress doesn't have unlimited power (even though CC + N&P makes it seem that way sometimes) subject only to limits outside Article I. We're saying the same thing in different words.
- MrKappus
- Posts: 1685
- Joined: Tue Mar 31, 2009 2:46 am
Re: Con law - 5 thoughts
You're really, really not.Army2Law wrote:We're saying the same thing in different words.
Enumerated powers are not a constitutional limit on Congress's power, and if you conflate the two on an exam, you will miss median by a lot.
Enumerated power: "power to regulate commerce...among the several states..."
Constitutional limit: "no tax or duty shall be laid on articles exported from any state"
Get unlimited access to all forums and topics
Register now!
I'm pretty sure I told you it's FREE...
Already a member? Login
-
- Posts: 154
- Joined: Thu Aug 13, 2009 4:35 pm
Re: Con law - 5 thoughts
Yeah, I'm wrong, Article I isn't in the Constitution. Only having powers enumerated by the Constitution isn't having your power limited by what is granted by the Constitution. Congress is LIMITED by he powers granted to it by the CONSTITUTION That's a Constitutional limit, douchebag.MrKappus wrote:You're really, really not.Army2Law wrote:We're saying the same thing in different words.
Enumerated powers are not a constitutional limit on Congress's power, and if you conflate the two on an exam, you will miss median by a lot.
Enumerated power: "power to regulate commerce...among the several states..."
Constitutional limit: "no tax or duty shall be laid on articles exported from any state"
- ResolutePear
- Posts: 8599
- Joined: Fri Jul 02, 2010 10:07 pm
Re: Con law - 5 thoughts
Implied powers. McColloch v. Maryland.Army2Law wrote:Yeah, I'm wrong, Article I isn't in the Constitution. Only having powers enumerated by the Constitution isn't having your power limited by what is granted by the Constitution. Congress is LIMITED by he powers granted to it by the CONSTITUTION That's a Constitutional limit, douchebag.MrKappus wrote:You're really, really not.Army2Law wrote:We're saying the same thing in different words.
Enumerated powers are not a constitutional limit on Congress's power, and if you conflate the two on an exam, you will miss median by a lot.
Enumerated power: "power to regulate commerce...among the several states..."
Constitutional limit: "no tax or duty shall be laid on articles exported from any state"
The power to tax and overall manage "the purse" implies the power to open a bank.
They can't for instance, pass a bill of attainer.
Or at least, that's my understanding of it.
- MrKappus
- Posts: 1685
- Joined: Tue Mar 31, 2009 2:46 am
Re: Con law - 5 thoughts
This is literally nonsense. I was just trying to help you out, but it's obvious umad.Army2Law wrote:Only having powers enumerated by the Constitution isn't having your power limited by what is granted by the Constitution. Congress is LIMITED by he powers granted to it by the CONSTITUTION That's a Constitutional limit, douchebag.
- kalvano
- Posts: 11951
- Joined: Mon Sep 07, 2009 2:24 am
Re: Con law - 5 thoughts
Army2Law wrote:Yeah, I'm wrong, Article I isn't in the Constitution. Only having powers enumerated by the Constitution isn't having your power limited by what is granted by the Constitution. Congress is LIMITED by he powers granted to it by the CONSTITUTION That's a Constitutional limit, douchebag.
It's not my grade, dude, but when you have several people telling you something that is different from what you are saying, perhaps it might behoove you to listen.
Communicate now with those who not only know what a legal education is, but can offer you worthy advice and commentary as you complete the three most educational, yet challenging years of your law related post graduate life.
Register now, it's still FREE!
Already a member? Login
-
- Posts: 2422
- Joined: Sat Mar 29, 2008 4:19 pm
Re: Con law - 5 thoughts
My thoughts on conlaw now that its over.
1. The constitution is treated like a piece of toilet paper the justices use to wipe their asses with as they interpret it to meet their poltical views.
2. To me it's nothing more than supposedly high-minded psudo-philosophy
3. I don't like con law.
4. Im in the minority because there are so many history, political science and philosophy kids in law school so they get off on this kind of "intellectual" masturbation
5. I want to make like Nicholas Cage, go to DC and steal the Constitution. But instead of looking for treasure maps, id like to do exactly what the justices do with it: use it as toilet paper.
1. The constitution is treated like a piece of toilet paper the justices use to wipe their asses with as they interpret it to meet their poltical views.
2. To me it's nothing more than supposedly high-minded psudo-philosophy
3. I don't like con law.
4. Im in the minority because there are so many history, political science and philosophy kids in law school so they get off on this kind of "intellectual" masturbation
5. I want to make like Nicholas Cage, go to DC and steal the Constitution. But instead of looking for treasure maps, id like to do exactly what the justices do with it: use it as toilet paper.
- bjsesq
- Posts: 13320
- Joined: Fri Nov 19, 2010 3:02 am
Re: Con law - 5 thoughts
I would like to note to everyone that not all people who went to law school after time served in the army are quite this... yeah. You get the picture.Army2Law wrote:Yeah, I'm wrong, Article I isn't in the Constitution. Only having powers enumerated by the Constitution isn't having your power limited by what is granted by the Constitution. Congress is LIMITED by he powers granted to it by the CONSTITUTION That's a Constitutional limit, douchebag.
- I.P. Daly
- Posts: 887
- Joined: Fri Nov 19, 2010 3:27 pm
- Ty Webb
- Posts: 520
- Joined: Mon Nov 23, 2009 10:47 pm
Re: Con law - 5 thoughts
Army2Law should think of it in this way.
The enumerated powers are much more a "grant" than they are a limit. Without enumerated powers, Congress can do nothing. A "grant" is not a limit.
I guess the concept of enumerated powers, when taken in the abstract, could be considered a limit. I.E. Congress is limited to only its grants, but that is a *really* round-about way of thinking about it.
The enumerated powers are much more a "grant" than they are a limit. Without enumerated powers, Congress can do nothing. A "grant" is not a limit.
I guess the concept of enumerated powers, when taken in the abstract, could be considered a limit. I.E. Congress is limited to only its grants, but that is a *really* round-about way of thinking about it.
Seriously? What are you waiting for?
Now there's a charge.
Just kidding ... it's still FREE!
Already a member? Login