Constitutional Law
Constitutional Law tests judicial review, standing, federalism, due process, equal protection, and First Amendment doctrine. Identify the government actor, the right, and the tier of scrutiny before arguing.
Core rules
- Standing: injury in fact, traceability, and redressability; no taxpayer standing except for Establishment Clause claims; ripeness and mootness with exceptions.
- State action is required for constitutional claims; Eleventh Amendment immunity limits suits against states.
- Procedural due process uses the Mathews balancing test; substantive due process protects fundamental rights with strict scrutiny and economic regulation with rational basis.
- Equal protection: suspect classifications (race, national origin, religion) get strict scrutiny; gender and legitimacy get intermediate scrutiny; age and wealth get rational basis.
- First Amendment: content-based restrictions get strict scrutiny; content-neutral time, place, and manner rules get intermediate scrutiny; public forums, commercial speech under Central Hudson, incitement under Brandenburg, and obscenity under Miller.
- Religion: Establishment Clause requires neutrality and no coercion; Free Exercise and RFRA protect religious exercise.
- Commerce Clause: Congress may regulate channels, instrumentalities, and activities substantially affecting interstate commerce; the Dormant Commerce Clause bars discriminatory state laws.
Worked example
A city ordinance requires a parade permit and lets officials deny a permit when the parade is not consistent with public welfare, with no deadline or standards. The ordinance regulates expressive activity and gives unbridled discretion, so it is a facially invalid prior restraint. Even a content-neutral time, place, and manner rule needs narrow tailoring, ample alternatives, and procedural safeguards.
Traps
Do not confuse government speech with private speech. Overbreadth and vagueness are separate doctrines. Mootness exceptions include voluntary cessation and capable-of-repetition claims. Commercial speech receives intermediate, not strict, scrutiny.