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MA Bar: Constitutional Law

MA Bar · Work through your exam, one topic at a time.

All guide sections

Constitutional Law

Constitutional Law tests judicial review, standing, federalism, separation of powers, due process, equal protection, and the First Amendment. The exam rewards precise doctrinal labels and the right level of scrutiny.

Core framework

Standing requires injury in fact, causation, and redressability; taxpayer standing is narrow. Ripeness and mootness limit review, but capable-of-repetition-yet-evading-review survives. Due process has procedural and substantive branches; procedural uses Mathews v. Eldridge, substantive protects fundamental rights. Equal protection uses strict scrutiny, intermediate scrutiny, or rational basis. First Amendment: content-based regulations get strict scrutiny; time/place/manner rules in public forums must be content-neutral, narrowly tailored, and leave alternatives. Commercial speech uses Central Hudson. The Establishment Clause now emphasizes historical practices and coercion; free exercise protects religious conduct unless a neutral, generally applicable law. Dormant Commerce Clause bars discriminatory state laws unless market participant or important local purpose.

Worked example

A city bans all signs in residential yards except "For Sale" signs. A homeowner challenges. The ban is content-based because it exempts a category based on message. Strict scrutiny applies; the city must show a compelling interest and narrow tailoring. Aesthetic interests are not compelling enough to ban all noncommercial signs while allowing real-estate signs. The ordinance likely violates the First Amendment.

Traps

Private action is not state action. A generalized grievance is not standing. Use the correct scrutiny tier. Do not confuse procedural due process with equal protection. A law that burdens interstate commerce may be valid if the state is a market participant. Government conditions on benefits can be unconstitutional conditions.