Constitutional Law I

A blog with updates, information, and news stories related to course 200 in the Santa Clara University School of Law catalog

Thursday, March 31, 2011

Commandeering and preemption

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The second (and related) review question I wanted to address in class yesterday was why the federal preemption of state law (by a federal s...
Monday, February 21, 2011

Some more Q & A

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QUESTION: I am working through Youngstown , thoroughly enjoying Justice Jackson's concurrence, when a pang of uncertainty hit me. If I ...
Wednesday, January 26, 2011

Some questions and answers, on judicial review and McCardle

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QUESTION: On Lincoln versus Faubus: If the analysis is that there is very little difference between the president's and the governor...
Thursday, January 20, 2011

Cohens v. Virginia and the Supreme Court's original jurisdiction

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Madhuri asked a great question yesterday concerning Cohens and Article III's allocation of the Supreme Court's original and appell...
Thursday, December 2, 2010

Tiers of scrutiny

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QUESTION: What is the scrutiny applied in Eisenstadt v. Baird ? We have that it is the minimum rationality standard. But doesn't this c...

When are agencies part of the Executive Branch?

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QUESTION: I'm a little confused on what agencies are classified as, such as the EPA. In your 2008 model answer it was stated that the c...

Jurisdictional elements

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QUESTION: I am a little confused about the idea of jurisdictional element. Is the only way to satisfy jurisdictional element to state speci...
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Bradley Joondeph
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