Saturday, July 18, 2009

And now for more bar review with your morning blog reading. Today, the Con Law edition.

The Privileges and Immunities Clause needs to stop being an answer choice. I have to resist the urge to stab it with a Slaughterhouse knife every time I see it. But only the P&I of the 14th Amendment. I’m cool with the P&I clause of Article IV. States can’t be disrespecting nonresidents, yo.

I’m totally fine with Due Protection and Equal Process questions—see what I did there, hahaha—but some Con Law topics make me feel as if I don’t know the first thing about the Constitution.

Such as:

Congress has the power to restrict the jurisdiction of the Supreme Court in maritime cases.

An ad valorem property tax (based on percentage of assessed value of property in question) can be properly applied to goods shipped in interstate commerce when they reach the state of final destination.

There is a Property Clause of Article IV Section 3.

The Contracts Clause applies only to states, so I think that means the federal government can go all willy nilly and retroactively abrogate contract rights . . . hmmm.

Law involving the Supremacy Clause seems random to me. We occupy the field! No, we don’t. Just kidding, we do!

5 little fish:

  1. I'm just going to pick any answer with 'Commerce Clause' in it and move on.

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  2. I'm taking the barbri lecturer's advice: Never ever pick an answer with P&I or Necessary and Proper Clauses.

    Commerce clause or the power to tax and spend for the general welfare = winners most of the time. Well, except when they decide to be mean.

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  3. Today I enjoyed eliminating all answer choices that only said "because of the necessary and proper clause" without mentioning any other power.

    That's it. That's all I can find good about today right now.

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  4. I think we did the same question set today.

    I asked JW to quiz me and had to explain to him that "significant," "important," and "compelling" all mean different things. Stupid Con law.

    ReplyDelete