Constitutional Law study guide
Constitutional Law · Work through your exam, one topic at a time.
Constitutional Law is a standard subject on U.S. bar licensing and law school exams, testing the structure of government and individual rights under the U.S. The Constitutional Law study guide has 10 sections and about 3,068 words.
01Judicial Review and the Federal Judicial Power
Article III confines federal courts to cases and controversies and makes judicial review the power to declare what the law is, not to set policy. The exam tests justiciability, congressional control of jurisdiction, and the source and limits of review.
345 words, about 2 min02Legislative Power and the Commerce Clause
Article I grants Congress enumerated powers, and the Necessary and Proper Clause supplies means to carry them out. The exam focuses on the Commerce Clause: what counts as interstate commerce and how far Congress may reach intrastate activity.
340 words, about 2 min03Federalism, State Sovereignty, and the Tenth and Eleventh Amendments
This domain tests the structural limits that protect states: anti-commandeering, state sovereign immunity, and the line between federal regulation of private conduct and federal direction of state government. Tenth Amendment: not a free-standing limit on federal power over private conduct, but it bars Congress from commandeering state legislatures or executive officials to implement federal programs.
331 words, about 2 min04Executive Power and Separation of Powers
The exam tests Article II authority, the separation of powers, and the boundary between presidential administration and congressional lawmaking. Youngstown framework: presidential power is strongest with express or implied congressional authorization, uncertain in a zone of twilight, and weakest when it contradicts congressional will.
308 words, about 2 min05Individual Rights: Due Process and Incorporation
This domain covers the Fourteenth Amendment's Due Process Clause: procedural fairness, substantive liberty, and selective incorporation of the Bill of Rights against the states. Incorporation: most Bill of Rights protections apply to states through the Due Process Clause; Duncan v.
291 words, about 1 min06Equal Protection
The Fourteenth Amendment's Equal Protection Clause limits classifications by government. The exam tests the tiered scrutiny framework and current doctrine on race, gender, alienage, and affirmative action.
276 words, about 1 min07First Amendment: Speech, Press, and Assembly
This domain tests the content-based/content-neutral distinction, forum analysis, prior restraints, and doctrine for incitement, defamation, obscenity, commercial speech, and symbolic expression. Content-based laws: strict scrutiny; the government must prove a compelling interest and narrow tailoring.
279 words, about 1 min08First Amendment: Religion (Establishment and Free Exercise)
The exam tests the Religion Clauses: government neutrality, religious accommodation, and the current shift away from Lemon toward historical practices and status-based nondiscrimination. Establishment Clause: Lemon is no longer the governing test.
298 words, about 1 min09Fundamental Rights, Privacy, and Unenumerated Rights
This domain tests substantive due process protection for unenumerated liberty interests, including privacy, family, marriage, and medical decision-making, with attention to the post-Dobbs landscape. Fundamental rights: strict scrutiny applies to rights deemed fundamental, such as marriage, procreation, contraception, family relationships, and sexual intimacy.
291 words, about 1 min10State Action, Congressional Enforcement, and Constitutional Remedies
This domain tests when constitutional rights apply, how Congress enforces the Fourteenth Amendment, and what remedies are available against government actors. State action: the Fourteenth Amendment reaches private conduct only with significant state involvement: public function, entanglement, joint action, or judicial enforcement, as in Shelley v.
309 words, about 2 min