Constitutional government vs unconstitutional
[DOC File]CONSTITUTIONAL LAW OUTLINE
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HOLDING, HUGHES: Enforcement of Industrial Code exceeded the Commerce Clause. NIRA Unconstitutional. Extraordinary conditions do not enlarge Constitutional Power. Used the “Direct-Indirect Test.”-PERIOD 3; 1935-1995. New Deal Era. Reversion back to the McCullough/Gibbons expansive interpretation of the Commerce Clause.
[DOC File]Constitutional Law II:
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Facial – looks at entire restricted class and says unconstitutional as applied to anyone. Strikes down law, but higher standard of scrutiny than as applied challenges. Overbreadth – special to constitutional issues; can argue that even if the law is OK as applied to me, there is a potential person out there who would be wronged by it.
[DOC File]The Articles of the Constitution Worksheets [Answer Key]
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Judicial Review: l The right of the courts to decide what is legal, such as the Supreme Court deciding what is constitutional or unconstitutional. l. Jurisdiction: l The right of a court to hear a case. l. Original Jurisdiction: l The power of a court to hear a case where it first arises. l
[DOC File]Unit One Review: CONSTITUTIONAL UNDERPINNINGS
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The government regulates a wide range of human activity, including agriculture, transportation, finance, product safety, labor relations, and the workplace. Few aspects of today's economy affect commerce in only one state, so most activities are subject to the national government's constitutional authority.
[DOC File]CONSTITUTIONAL LAW BAR REVIEW OUTLINE
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Constitutional Provisions concerning Equal Protection. Fourteenth Amendment applies to state and local governments only. Fifth Amendment applies to federal government only. Classifications based on Race/National Origin. Strict Scrutiny Applies. Classification . Classification exists on the face of the law or. If facially neutral, demonstrate ...
[DOC File]Constitutional Law Outline
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Framers didn’t sign on to much: “Give me Democratic Government Room to Make Decisions.” Thoughts: Argument that Constitution shouldn’t change. But for practical Purposes, that’s impossible. There’s a constitutional way to alter the constitution, but it’s seldom invoked. Markers that we …
[DOC File]CONSTITUTIONAL CASE LAW - VOID JUDGMENTS
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“The claim and exercise of a constitutional right cannot be converted into a crime.” Miller v. US, 230 F 486, 489. “There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.” Sherer v. Cullen , 481 F 946.
[DOC File]Constitutional Law
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Georgia’s anti-Cherokee laws were unconstitutional; only the U.S. federal government had jurisdiction over Native Americans; the Court’s decision appeared to protect Native Americans from intervention by the States, but it did nothing to protect them from the federal government. Constitutional question is who, the federal government or the ...
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