Constitutional Law
This domain tests structural doctrine (federal power, judicial review, federalism), individual rights, and the tiered scrutiny that decides most disputes.
Judicial review and justiciability
Marbury v. Madison establishes review of legislative acts. Standing requires injury in fact that is concrete and particularized, fairly traceable to the defendant, and redressable. Also screen for ripeness, mootness (with the capable-of-repetition exception), political questions, and the state-action requirement before reaching the merits.
Federal power
Commerce power reaches channels, instrumentalities, and activities substantially affecting interstate commerce (Wickard); it does not reach noneconomic intrastate activity without a jurisdictional hook (Lopez, Morrison). Spending conditions must serve the general welfare, be unambiguous, relate to the federal interest, and not cross from pressure into compulsion (NFIB).
Rights and scrutiny
Strict scrutiny for suspect classifications, fundamental rights, and content-based speech regulation; intermediate for sex; rational basis elsewhere, but animus is never a legitimate interest. Procedural due process balances the private interest, risk of error, and government burden (Mathews).
Worked example
A state requires all solid waste generated within its borders to be processed at an in-state facility. The law is facially discriminatory against interstate commerce, so it is per se invalid under the dormant Commerce Clause unless the state qualifies as a market participant or shows a legitimate local purpose that cannot be served by nondiscriminatory means. Cost savings and convenience do not suffice; the law fails.
Traps
- Forgetting state action in equal protection and speech claims.
- Applying strict scrutiny to ordinary economic regulation.
- Confusing substantive with procedural due process.
- Asserting standing from a generalized grievance.