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University of Dayton School of Law
Howarth, Cooley R.

nal preparation
·         Student faults on exam
o        Not spotting the issue or knowing the law, but failing to analyze the facts with the rules of law
·         Read article in back of supplement on statutory interpretation
·         Exam
o        Read entire examination through once, before answering
o        4-5 short answer questions
§         One liners, etc can answer quickly, no need to go way in depth
§         Answer short answer questions first
o        1 Long essay
o        1 Short essay
·         Howarth comments
o        No questions concerning knowledge of Constitutional Law
§         No Due process and equal protection
§         May have statute that may raise constitutional dilemma and have to apply Canon to Avoid Con. Problem
o        How to answer question
§         All of Plaintiff (text-intent-purpose) then all of Defendant (text-intent-purpose): NO
§         Rather: Text (P and D), Intent (P and D), Purpose (P and D) [applying canons throughout] o        Not going to ask for elaboration of Rationales of Legislative Process (pluralist, public choice)
Sponsor: introduces bill to legislature, appointed member who works for compromise and passage (implied advocate)
Logrolling: bill does not have strong support and sponsor will introducing topics that please other supporters to get their overall support
*Enrolled bill rule: once passing two houses and signed by president, it is presumed that the bill meets procedural requirements and court will not entertain evidence that bill was enacted in manner not proper; as FACT.
Journal entry rule: response to criticism of the enrolled bill rule, courts have a conclusive presumption that an enrolled bill is valid only if it is iaw procedures recorded in journal and constitution
Affirmative Contradiction rule: bill is valid unless journals affirmatively show a statement to the contrary
*Substantive limitations on legislative powers:
Single Subject Rule: Limit bill to one subject, purpose was to minimize logrolling
Rule Against Special Legislation: Law should be general rather than specific
Uniformity: Law should be uniform if possible
Public Purpose Rule: Law should be public in nature and not for private entity (interpret as if law is public)
Private Law: governs rights and duties of individuals and how they treat one another, developed by courts and can be retroactive in sense that it is created from the past (Property, Contracts, Torts)
Public Law (Enacted Law): law defining the relationship between citizens and government; governs broad range of society and large categories of people, legally superior to private law (replaces common law by statute); typically cannot be retroactive but rather is future oriented (a.k.a. statute). 80-90% of our law is public law. Designed to solve broad social problems. Written by administrative agencies, legislatures, treaties. 
Unanimous consent agreement: Senate equivalent of House Rules Committee establishing rules concerning the bill process
Referendum: methods of direct democracy allowing the populace to introduce.
Popular (voter): upon requisite signatures, a law already passed is subject to approval or rejection.
Legislative (submitted): allows the legislature to refer to the electorate for approval or disapproval; or advice.
Filibuster: talk incessantly concerning a bill to a point that there is no vote (effectively kill support for bill), nowadays only threaten filibuster
Pocket veto: President doesn’t sign bill and Congress goes out of session, bill is dead through pocket veto
Cloture: if there is a filibuster, 2/3 vote of the house can stop the filibuster by supermajority vote
Folkway: procedures that are matters of informal norms and practices (seniority norm)
Omnibus legislation: legislation that addresses numerous and not necessarily related subjects, issues and programs and is therefore usually very long and confusing
Line Item Veto: Presidential ability to strike any portion of a bill prior to signature, struck down by Fed court as too powerful
Joint Resolution: similar to a bill, not legally different, usually us

ure for approval or disapproval. Then placed on ballet next to legislative amendments. 
Recall: certain % of the electorate, by petition, may force the continued service of an elected official to be put to vote
Ad Hoc Committee:
Mark up: committee drafting session when they redraft or amend the bill
Bill of attainder: bill passed by legislation to focus on a particular person to punish or restrict their liberties (unconstitutional)
Ex post facto: law that makes innocent act criminal or makes act more criminal than it was when committed and makes law is retroactive (unconstitutional), does not apply to
Discharge Petition: half of House votes to get bill out of committee and onto floor by signing petition
·         Mechanics of the Legislative Process (How does it work)
o        Know the chart on page 25
§         Generally be able to describe chart in own words
o        General Process outlined in Constitution
§         Elect representatives (reps and senators)
§         Bicameral Legislature (bodies)
§         Agree on single bill (proposal) 100%
§         Present bill to president
§         President veto, sign, do nothing
o        House and Senate have own rules on process
§         Not in constitution
o        House of Representatives (8 steps?)
§         1) Origination of Bill
·         Either resolution, joint resolution, concurrent resolution, or bill
·         Originated by executive agency, interest groups, private groups, or individual member
§         2) Introduction of Bill
·         Sponsor of Bill must introduce to legislature
§         3) Referral to Committee Action (by leadership)
·         Defined