Constitutional Law
Domain overview
Constitutional Law on FE-1 tests how the Constitution allocates power and protects rights. Questions usually require you to identify the governing doctrine, apply the correct standard of review, and explain why a challenged governmental act survives or fails. Expect judicial review, separation of powers, federalism, due process, equal protection, and First Amendment problems.
Core rules
- Judicial review: courts may invalidate acts contrary to the Constitution; Marbury v. Madison establishes the authority, but it is not a license to review political questions.
- Separation of powers: each branch must stay within its constitutional role; legislative vetoes and line-item vetoes illustrate invalid aggrandizement.
- Federalism: Congress acts under enumerated powers; the Commerce Clause reaches channels, instrumentalities, and activities substantially affecting interstate commerce, but not mere local inactivity.
- Due process: procedural due process asks what process is due under Mathews v. Eldridge; substantive due process protects fundamental liberties.
- Equal protection: suspect classifications (race, national origin) get strict scrutiny; gender gets intermediate scrutiny; most economic and social classifications get rational basis.
- First Amendment: content-based restrictions get strict scrutiny; content-neutral time, place, and manner rules in public forums must be narrowly tailored, serve a significant interest, and leave alternatives.
Worked example
A city bans all signs on public sidewalks. A resident challenges the ban. Sidewalks are traditional public forums. The ban is content-neutral on its face but is not narrowly tailored: it forecloses all expressive signage rather than regulating size, duration, or placement. Under the First Amendment, the city must show a significant interest and adequate alternatives; a total ban fails. The ordinance is invalid.
Traps
Do not apply strict scrutiny to every classification; identify the class and tier. Do not confuse procedural with substantive due process. Watch for state action: private conduct is generally not constitutional unless entangled with government. Check standing and mootness before merits. Do not treat the political question doctrine as a merits defense.