Welcome back to the Law School Toolbox podcast! Today we’re talking about three different topics in Constitutional Law that are sometimes tested together: executive authority, federal preemption, and commandeering. These topics logically go together because they all involve a power struggle between government entities.
In this episode we discuss:
- Presidential and Congressional powers
- The three levels of Presidential authority
- Express and implied preemption
- Can Congress commandeer the states to regulate on its behalf?
- Analyzing a hypo from the July 2008 California bar exam
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Resources:
- “Listen and Learn” series
- California Bar Examination – Essay Questions and Selected Answers, July 2008
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