Law School

Constitutional Law Foundations: Judicial Review, Constitutional Structure, and Justiciability


Listen Later

» 📘VIEW THE COMPANION STUDY GUIDE📘[💡FREE💡] «
▬▬▬▬▬▬▬▬▬▬
EPISODE SUMMARY
Constitutional law begins with government power and constitutional limits. The Constitution creates a federal government of limited powers, divides authority among three branches, preserves a role for state governments, and protects individual rights against government action.Judicial review allows courts to decide whether government action violates the Constitution, but courts exercise that power only in proper cases. Justiciability doctrines ensure that federal courts resolve concrete disputes rather than abstract political or legal disagreements. Standing requires injury in fact, causation, and redressability. Ripeness prevents premature review. Mootness prevents courts from deciding disputes that are no longer live. The ban on advisory opinions keeps courts from issuing abstract legal advice. The political question doctrine reserves certain issues for the political branches when constitutional commitment or lack of judicial standards makes judicial review inappropriate.Separation of powers prevents one branch from exercising or controlling the core functions of another. Federalism divides authority between the federal government and the states. Congress must act pursuant to enumerated powers, while states possess general police powers subject to constitutional limits. Valid federal law is supreme over conflicting state law, but federal law must itself be constitutional.A strong constitutional law answer identifies the actor, the source of power, the constitutional limit, the justiciability posture, the applicable test, and the likely result. The central skill is not memorizing isolated rules, but organizing constitutional problems so that each issue is analyzed in the correct doctrinal category.
...more
View all episodesView all episodes
Download on the App Store

Law SchoolBy The Law School of America

  • 3.1
  • 3.1
  • 3.1
  • 3.1
  • 3.1

3.1

60 ratings


More shows like Law School

View all
Hidden Brain by Hidden Brain, Shankar Vedantam

Hidden Brain

43,563 Listeners

Global News Podcast by BBC World Service

Global News Podcast

7,648 Listeners

The Ben Shapiro Show by The Daily Wire

The Ben Shapiro Show

153,273 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

484 Listeners

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond by Alison Monahan and Lee Burgess - Law School Toolbox, LLC

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

514 Listeners

Court Junkie by PodcastOne

Court Junkie

8,528 Listeners

The Daily by The New York Times

The Daily

112,006 Listeners

Speak English Now Podcast: Learn English | Speak English without grammar. by Georgiana, founder of SpeakEnglishPodcast.com

Speak English Now Podcast: Learn English | Speak English without grammar.

559 Listeners

Crime Junkie by Audiochuck

Crime Junkie

370,167 Listeners

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress by Bar Exam Toolbox

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

444 Listeners

Dateline NBC by NBC News

Dateline NBC

47,716 Listeners

SRMN by SRMN

SRMN

17 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,953 Listeners

Mind of a Monster: The Hollywood Ripper by ID

Mind of a Monster: The Hollywood Ripper

1,725 Listeners

Ishq- by Muzammil Jit

Ishq-

3 Listeners