Connn Law. Forum
-
- Posts: 31
- Joined: Mon Nov 22, 2010 4:42 pm
Connn Law.
I have over a 100 page outline for my take home con law exam on thurs.. But fuck how do I go about approaching this? Im trying to make some sort of attack sheet, because right now I have a shit load of information typed up, pretty solid on commerce clause etc.. But other than that have no fucking clue how to answer two long fact patterns. Anyone have any experience with take home con law exams that had to be returned the same day? Any ideas how to go about this? Please and Thank you.
-
- Posts: 101
- Joined: Thu Jan 20, 2011 12:41 pm
Re: Connn Law.
Yea if it's take-home, keep it on the computer and use control + F search. That would be tits. Get two monitors.
As to how to attack the questions - like normal. Con law is one of the easiest classes to reduce to steps. Make a list of steps for each topic. Example:
Appointment Power
1. Does the law require appointment by President with ratification by Senate? If yes, constitutional.
2. If not, can the appointment be delegated? It can only be delegated to the courts, heads of departments, or to the President (formalist argument - its written in the constitution). If it's delegated to someone other than these guys - not constitutional. If it is delegated to an acceptable person, step three.
3. If it is delegated, can it even be delegated? Only inferior officer appointments can be delegated. From Morrison we have a list of factors used to determine whether the officer is principal or inferior (list factors). If inferior, delegation OK. If principal, unconstitutional.
As to how to attack the questions - like normal. Con law is one of the easiest classes to reduce to steps. Make a list of steps for each topic. Example:
Appointment Power
1. Does the law require appointment by President with ratification by Senate? If yes, constitutional.
2. If not, can the appointment be delegated? It can only be delegated to the courts, heads of departments, or to the President (formalist argument - its written in the constitution). If it's delegated to someone other than these guys - not constitutional. If it is delegated to an acceptable person, step three.
3. If it is delegated, can it even be delegated? Only inferior officer appointments can be delegated. From Morrison we have a list of factors used to determine whether the officer is principal or inferior (list factors). If inferior, delegation OK. If principal, unconstitutional.