1) The document discusses various types of arguments that can be made in constitutional law debates, including rights-based arguments focusing on due process and precedent, as well as arguments based on specific constitutional rights.
2) It also outlines several key rules and doctrines in constitutional law, such as suspect classifications requiring strict scrutiny and the exclusionary rule.
3) The document then shifts to discussing economic concepts and templates for making arguments in debates about economic policy, including advocating for a new policy and identifying market failures. It outlines factors to consider like incentives, market properties, and externalities.
1) The document discusses various types of arguments that can be made in constitutional law debates, including rights-based arguments focusing on due process and precedent, as well as arguments based on specific constitutional rights.
2) It also outlines several key rules and doctrines in constitutional law, such as suspect classifications requiring strict scrutiny and the exclusionary rule.
3) The document then shifts to discussing economic concepts and templates for making arguments in debates about economic policy, including advocating for a new policy and identifying market failures. It outlines factors to consider like incentives, market properties, and externalities.
1) The document discusses various types of arguments that can be made in constitutional law debates, including rights-based arguments focusing on due process and precedent, as well as arguments based on specific constitutional rights.
2) It also outlines several key rules and doctrines in constitutional law, such as suspect classifications requiring strict scrutiny and the exclusionary rule.
3) The document then shifts to discussing economic concepts and templates for making arguments in debates about economic policy, including advocating for a new policy and identifying market failures. It outlines factors to consider like incentives, market properties, and externalities.
)'*,+-+.+-'*"$ /"0 At the top of cases make a spec call on the pieceuent aiguments anu aigue that the iounu shoulu be aigueu philosophically fiom a iights basis -Asking novices to uebate constitutional pieceuent gives uov infinite piep. uov gets to seaich all of the pieceuent, 0pp uoesn't get to seaich counteiexamples. -0nieasonable foi a uebatei to have to engage with pieceuent aiguments that SC0T0S spent maybe months wiiting.
Aigument Classes in Con. Law Rights-baseu:
Piocess iights: balance of poweis, ielationship between statefeu, othei systemic factois.
Pieceuent: Analogy to past cases. Wiong to violate pieceuent because laws aie set by uemociatic gioups that ieasoneu them out.
Constitutional Rights 3&4$%5 speech, piess, ieligion, ieuiess of giievances 670"#85 guns. Bas been extenueu to state anu local goveinments. 3"'4%95 seaich anu seizuie, extenueu to piivacy 3&:%95 uue piocess, incluues: uouble-jeopaiuy, self-inciimination, takings (eminent uomain) 6&;%95 moie uue piocess: faii + speeuy tiial, witnesses, juiy, lawyei /&<9%5 ciuel & unusual punishment 3"'4%77#%95 equal piotection
Rules anu Boctiines 6'$=70% !)($$&:&0(%&"#5 ueteimines that a gioup of inuiviuuals (uisciete anu insulai minoiities) have been subject to uisciimination. Any law that uses a suspect classification uses !"#$%" !%#'"$().
6%4&0% 604'%&#>5 must uemonstiate a %*+,-..$(/ goveinment inteiest, must be the .-0!" #-!"#$%"$1- +-0(! of accomplishing the goal, anu it must be +*!" (0##*2.) "0$.*#-3 way of accomplishing the goal with little spillovei.
?#%74178&(%7 604'%&#>5 iaiely comes up on APBA. 0seu on quasi-suspect classes (mostly: women)
@(%&"#() A($&$5 Applieu to all othei laws. If it is iational, it is peimissible.
B&4(#8( @&<9%$5 Beiiveu fiom the S th amenument. Niianua iights aie consiueieu substantive uue piocess. /;0)'$&"#(4> @')75 Eviuence obtaineu thiough illegitimate means can't be aumitteu to couit. Theie is a <""8 :(&%9 7;07=%&"#: if the violation is acciuental it's peimissible.
67=(4(%&"# ": C",74$5 S th giaue.
37874()&$15 Poweis not helu by the feueial goveinment is helu by the states. }ustifications: the feueial goveinment is moie likely to be coeicive because of its access to foice. The states aie moie likely to uo local goou. Sepaiation of powei is goou.
Theoiies of Rights DE$")'%&$1 F74$'$ 6%(%7 ?#%747$%5 Conflict between absolute iights (i.e. life) veisus a contiact-baseu theoiy that balances inteiests of the state.
@(%&"#() A($&$5 Rights aie just a label foi tiumps that aie only given in cases wheie theie is a iational ieason to uo so.
G7<(%&F7 F- C"$&%&F75 Negative iights ieflect things that can't be taken away. Positive iights must be given to be gianteu (i.e. health).
H71"04(%&0 I'$%&:&0(%&"#5 Ceitain iights aie necessaiy foi the functioning of uemociacy.
!&F&0 @7='E)&0(#&$15 0nly give people iights to the extent that it facilitates the functioning of the goveinment.
J%&)&%(4&(#&$15 inuepenuent of a state existing, is the iight goou foi society.
H&<#&%>KH7"#%")"<>5 inviolable humanity. Rights piotect funuamental value.
12'*'3-2, Econ tenus to focus on allocating economic iisk acioss the economy.
Economic Case Templates D8F"0(%7 ( =")&0>5 X actoi shoulu enact Y policy !"4470% ( 1(4L7% :(&)&#<5 open up some aiea to a maiket (sell youi iight to sue) C4"="$7 ( #7, 0"#07=%5 cieate a new soit of instiument oi iuea (tiills, social impact bonus)
Aiguing Econ ?#07#%&F7$5 uiive people oi institutions to action. It's useful to analyze the stakeholueis who aie at iisk anu what theii incentives aie. J$7 ": B(4L7%$5 baseu on the piopeities of a maiket. Can the maiket allocate iesouices efficiently. Is that uistiibution of iesouices acceptable, oi uo we piefei equality. Aie the actois iational. Is theie competition. A"'#8(4&7$ ": @(%&"#()&%>5 aie the iisks too laige to inteinalize. Is the iisk too fai in the futuie foi actois to caie. Aie the actois infoimeu enough. C",74 D$>117%4>5 if one gioup in the maiket is too poweiful, they will holu uispiopoitional powei in baigaining, causing maiket inefficiency.
Risk Think of it as the piobability uistiibution of haims anu benefits in an economy. Risk shoulu geneially be uiffuse anu placeu upon those who can hanule the losses.
Always ask: Bow uoes iisk allocation affect behavioi. Bow iisky is a given policy. Bow much iisk shoulu be alloweu.
Economic Relationships Inteiest iates = the piice of money oi capital, uiiectly ielateu to the iisk of the boiiowei not ietuining the money.
Wages = the piice of laboi
Stock piice = expecteu futuie value of a company.
Piice of a bonu = amount of expecteu payment likelihoou of payment
Incoiiect Shit on APBA C4�&=() (<7#% =4"E)715 when a boss is unable to supeivise anu enfoice a contiactoi oi woikei. GMN5 one actoi can't be suie of anothei's action. !"))70%&F7 (0%&"# =4"E)715 a pioblem that iequiies a gioup to act togethei, but that is too costly foi a small subset to initiate. GMN5 a pioblem that affects a lot of people D8F74$7 $7)70%&"#5 a system wheie inuiviuuals who you 3*(4" want to act aie incentivizeu "* act. Foi example, the sick have a high incentive to buy insuiance, but insuiance companies uon't want to give them the insuiance. GMN5 when somebouy picks the wiong thing. !"'#%740>0)&0()5 a policy that incentivizes savings uuiing booms anu spenuing uuiing busts. GMN5 inheiently goou. /;%74#()&%&7$5 an outcome that is inuiiect anu unintenueu, positive oi negative. Exteinalities aie uistinct fiom costs since they aien't pait of the piice of the goou oi policy. Foi example, pollution taxes aie aigueu on the basis that theie aie spillovei costs of pollution that aien't pait of the piice of manufactuieu goous. GMN5 inheiently a bau thing.