Constitutional Law study plan
Constitutional Law · Give each week a clear focus.
8 weeks · About 6 hours per week
First Amendment: Speech, Press, and Assembly & Equal Protection
Outline the categorical and quasi-categorical speech doctrines (incitement, true threats, obscenity, fighting words, commercial speech) and state the governing test for each from memory
Map the levels of scrutiny to equal protection classifications, then write the classification-to-tier lookup table without notes
Brief six Supreme Court speech and equal protection decisions and extract the operative rule from each holding rather than the facts
Build a one-page flowchart tracing a speech regulation from forum analysis through narrow tailoring
Your checkpoint
A 12-page typed outline covering Domains 6 and 7, plus a one-page scrutiny-selection decision tree, self-quizzed to 90% recall
First Amendment: Speech, Press, and Assembly & First Amendment: Religion (Establishment and Free Exercise)
Distinguish public, designated, nonpublic, and limited forums and identify the standard governing each
Explain the Establishment Clause tests and how the current doctrinal approach differs from the Lemon framework, including coercion and historical-practice reasoning
Apply the Free Exercise standard to neutral and generally applicable laws versus laws targeting religion, and articulate the hybrid-rights problem
Draft rule statements for symbolic speech, expressive association, and government speech
Your checkpoint
A closed-book essay answering two practice prompts (one speech, one religion) in 45 minutes each, graded against a self-built checklist
Judicial Review and the Federal Judicial Power & Legislative Power and the Commerce Clause
Trace the doctrinal basis for judicial review and enumerate the justiciability doctrines with their exceptions
State the standing elements and distinguish taxpayer, third-party, and organizational standing
Outline the political question doctrine and identify the categories courts treat as committed to the political branches
Chart the progression of Commerce Clause doctrine from direct/indirect effects through the substantial-effects test and the modern limits on regulating inactivity
Your checkpoint
A justiciability checklist and a Commerce Clause timeline with case names, holdings, and one-line rules, verified against a practice set of 25 multiple-choice questions
Legislative Power and the Commerce Clause & Federalism, State Sovereignty, and the Tenth and Eleventh Amendments
Explain the necessary and proper power and how it interacts with enumerated powers
Distinguish the spending power's conditions from coercion and apply the anti-commandeering rule to federal mandates on states
Analyze state sovereign immunity under the Eleventh Amendment, including abrogation, waiver, and suits against state officers
Compare preemption doctrine categories and identify when federal law displaces state law
Your checkpoint
A midterm simulation of 40 mixed multiple-choice questions across Domains 1-3 and 6-8, with a written error log for every miss
Federalism, State Sovereignty, and the Tenth and Eleventh Amendments & Executive Power and Separation of Powers
Outline the dormant Commerce Clause and the state taxation limits it imposes
Explain the appointments and removal power doctrines and their limits on congressional control of agencies
Analyze executive privilege, immunity, and the scope of the pardon power
Distinguish the President's domestic and foreign affairs authority and describe the Youngstown framework for executive action
Your checkpoint
A two-column comparison sheet contrasting federalism limits on Congress with separation-of-powers limits on the President, plus 15 solved practice questions
Individual Rights: Due Process and Incorporation & Fundamental Rights, Privacy, and Unenumerated Rights
List the incorporated Bill of Rights provisions and identify the unincorporated ones
Distinguish procedural from substantive due process and state the tests for each
Apply strict scrutiny to fundamental rights, including voting, travel, and access to courts
Explain the substantive due process line from privacy to intimate association and identify the current standard for recognizing new unenumerated rights
Your checkpoint
An incorporation table and a fundamental-rights matrix (right, tier, leading case, one-line rule), self-tested to 85% recall
State Action, Congressional Enforcement, and Constitutional Remedies & Equal Protection
Define state action and apply the public function, entanglement, and entwinement tests to novel facts
Explain the congruence and proportionality limit on congressional enforcement of the Fourteenth Amendment
Identify available constitutional remedies, including exclusion, injunctive relief, and damages under the relevant statutes
Revisit equal protection with a focus on discriminatory intent versus disparate impact and the burden-shifting framework
Your checkpoint
A one-page state-action decision tree and two timed essays (one state action, one enforcement power), each scored against a rubric
First Amendment: Speech, Press, and Assembly & Equal Protection & Judicial Review and the Federal Judicial Power
Run a full-length timed simulation weighted to Domains 1, 2, 6, and 7, then review every miss for the underlying rule gap
Recite from memory the scrutiny tiers, forum standards, and justiciability elements under time pressure
Draft condensed attack outlines for each of the ten domains limited to one page apiece
Identify the three weakest domains from simulation data and re-drill them with targeted questions
Your checkpoint
A complete set of ten one-page attack outlines plus a simulation score report identifying weak domains and a final-week drill list
Milestones
Week 2: Score at least 80% on a 20-question speech and religion set and produce rule statements for each miss without notes
Week 4: Complete the 40-question midterm simulation; target 70% overall with no domain below 60%
Week 6: Recite the incorporation table and fundamental-rights matrix closed-book with 85% accuracy
Week 8: Complete the full-length simulation at or above 75% and finish all ten one-page attack outlines