Keith Mack
Constitutional law is a complex and highly specialized area of law that focuses on the United States Constitution and its interpretation. It covers the relationships between the three branches of the federal government, the relationships between federal, state, and local governments, and the interpretation of different provisions of the Constitution, including the Bill of Rights. To become a constitutional lawyer, students must study for and pass the Multistate Professional Responsibility Exam (MPRE) and the State Bar Exam. Constitutional law is a significant component of the bar exam, and preparing for it requires a solid understanding of key concepts and a strategic approach. This involves mastering distinctions, understanding when strict scrutiny applies, and recognizing different classifications and their corresponding levels of scrutiny. Students can utilize study guides, practice tests, and exam review questions to enhance their knowledge and improve their test-taking skills.
| Characteristics | Values |
|---|---|
| Preparation | Review past questions and model answers, create flashcards, use mnemonics, rewrite notes, create charts, and practice answering questions. |
| Knowledge | Understand the U.S. Constitution, federal-state dynamics, constitutional boundaries, individual rights, due process, equal protection, First Amendment rights, and the Bill of Rights. |
| Application | Learn to apply the law to specific scenarios, interpret the Constitution, and identify sources and types of judicial review. |
| Exam technique | Manage time effectively, focus on multiple-choice question formats, and learn to spot issues and respond to relevant questions. |
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What You'll Learn
Study techniques
Studying for a constitutional law test requires a solid understanding of key concepts and a strategic approach. Here are some study techniques to help you prepare:
Understand the Material
Firstly, ensure you thoroughly understand the material. Read your textbook and course notes comprehensively, and seek clarification from your professor if needed. Familiarize yourself with constitutional law doctrines, including national power, federalism, and individual rights. Understand the distinction between concepts like equal protection and substantive due process. Know the scope of governmental powers, federalism, and the relationship between federal and state powers.
Practice with Examples and Explanations
Use study guides and textbooks that provide real-world examples and explanations to help you apply constitutional law doctrines to specific fact patterns. Examples & Explanations for Constitutional Law: National Power and Federalism and its companion volume, Examples & Explanations for Constitutional Law: Individual Rights, are highly recommended for their accessible and comprehensive coverage of constitutional law topics.
Utilize Practice Questions and Exams
Practice questions and exams are an excellent way to reinforce your understanding and identify areas that need further review. The course website may provide past exams and model answers, which can be invaluable in your preparation. Additionally, study guides like Law in a Flash: Constitutional Law by Leslie C. Griffin offer multiple-choice and short-answer questions with detailed explanations, allowing you to self-test and improve your comprehension.
Memorize Applicable Standards
Constitutional law exams often require you to identify and apply legal standards accurately. The best way to do this is by memorization. Create flashcards to help you remember the various standards of review crafted by the Supreme Court and how the Court determines the applicable standard when multiple options are available.
Understand Threshold Issues
Recognize the threshold issues in constitutional law cases. Know who may decide constitutional disputes, the circumstances under which a court may decide a case, and whether the court must answer a constitutional question in a property case. This will help you construct cogent answers on your exam.
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Exam structure
The exam structure for Constitutional Law can vary depending on the educational institution and the state in which the exam is being administered. However, based on the available sources, here is an overview of what you can expect from the exam structure for Constitutional Law:
Multiple-Choice Questions:
- The Multistate Bar Exam (MBE) typically includes 25 multiple-choice questions on Constitutional Law. These questions can be challenging due to their length and the number of facts presented.
- It is important to be able to identify sources and types of judicial review, understand state and federal authority boundaries, and know the relevant due process rights, privileges, immunity rights, First Amendment rights, and equal protection rights.
- The MBE also covers the dormant Commerce Clause, which limits states from discriminating against or burdening interstate commerce, and individual rights, which make up about 50% of the Constitutional Law questions.
Essay Questions:
- Constitutional Law is regularly tested on the California Bar Exam, but it does not appear on every exam administration. It tends to be tested on its own but may sometimes be combined with Real Property or Criminal Law.
- The essay questions cover topics such as standing (especially the standing of organizations or associations), ripeness, mootness, the Free Exercise Clause, the Establishment Clause, and free speech.
- Essay questions may also explore the substantive Due Process Clause, takings, and the relationship between federal and state powers.
Grading and Model Answers:
- Some institutions provide prior exam papers and grading sheets, which can be extremely useful for understanding the exam structure and the allocation of points for each issue and sub-issue.
- Model answers are also available for reference, showcasing how to describe relevant legal principles and apply them to specific scenarios.
Open-Book or Closed-Book:
- It is important to clarify whether the Constitutional Law exam is open-book or closed-book. Some exams may not allow any materials to be brought in, not even a pocket version of the U.S. Constitution.
- In a closed-book exam, memorization of exact standards of review may not be required, but you should be able to articulate them in a substantively accurate manner.
Overall, the exam structure for Constitutional Law can vary, but it typically includes a combination of multiple-choice and essay questions. The best way to prepare is to practice with past exam questions, familiarize yourself with highly tested topics, and develop a strategic approach to answering questions.
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Key topics
Constitutional law is a complex subject that focuses on the law as it relates to the United States Constitution. It covers the relationships between the three branches of the federal government, the relationships between federal, state, and local governments, and the interpretation of different provisions of the Constitution, including the Bill of Rights.
To prepare for a constitutional law test, it is important to understand the key topics that are typically covered. Here are some key topics to focus on:
Federalism and Separation of Powers:
Understand the principles of federalism, including the enumerated powers of the federal government and the rights of states under the Tenth Amendment. Study the separation of powers between the executive, legislative, and judicial branches, and how they interact and balance each other.
Individual Rights and Liberties:
Know the protections afforded to individuals under the Constitution, including freedom of speech, religion, press, assembly, and petition. Understand concepts like due process, equal protection, and privacy rights. Be able to apply these rights to different scenarios and analyze any violations.
Supreme Court Review and Judicial Interpretation:
Learn about the role of the Supreme Court in interpreting the Constitution. Understand the different types of judicial review, such as strict scrutiny and rational basis review. Study landmark Supreme Court cases and their impact on constitutional interpretation.
Constitutional Amendments:
Familiarize yourself with the amendments to the Constitution and their significance. Know the Bill of Rights (the first ten amendments) inside out, as well as subsequent amendments that have shaped civil rights, voting rights, and other key aspects of American life.
Commerce Clause and Interstate Commerce:
Understand the Commerce Clause and how it affects the federal government's power to regulate interstate commerce. Study the dormant Commerce Clause, which restricts states from discriminating against or burdening interstate commerce.
Constitutional Restraints and Federal-State Dynamics:
Explore the constitutional restraints that limit the exercise of governmental power. Understand the dynamics between federal and state governments, including concepts like preemption, federalism, and state sovereignty.
First Amendment Rights:
Study the First Amendment, which guarantees freedom of speech, religion, press, assembly, and the right to petition the government. Understand the limitations and exceptions to these rights, such as the establishment clause and free speech restrictions.
Constitutional Law in Practice:
Apply your knowledge to practical scenarios. Understand how constitutional lawyers use their expertise in civil and criminal cases, including evidence suppression, civil rights abuses, and interpreting constitutional rights for their clients.
Remember that the specific topics covered in your constitutional law test may vary, so always refer to your course materials and seek out practice questions and past exams to familiarize yourself with the exact format and content.
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How to interpret the constitution
Interpreting the Constitution is a complex task that involves examining the text, historical context, and underlying principles. Here are some key instructions on how to interpret the Constitution:
Textual Analysis
Start by carefully reading and analysing the text of the Constitution. Pay attention to the specific wording, as the meaning of certain terms may have evolved over time. Consider what the words meant at the time the Constitution was written and ratified. This approach, often associated with "originalism," seeks to understand the original public meaning of the text.
Historical Context
Consider the historical context in which the Constitution was drafted and ratified. Examine historical sources, such as early American politics and the intentions of the Founding Fathers, to shed light on the original understanding of various provisions. This historical analysis can help clarify ambiguities and interpret the document's underlying principles.
Judicial Precedent
Study prior decisions made by the Supreme Court on questions of constitutional law. Judicial precedent plays a significant role in constitutional interpretation, as it provides principles, rules, or standards that can guide future judicial decisions. Examining past cases can help identify how the Court has interpreted specific provisions in practice.
Structural Analysis
Infer structural rules and power relationships from the Constitution's text. For example, consider the division of powers between the federal and state governments and how this impacts the interpretation of certain provisions. Understanding the structure outlined in the Constitution is crucial for interpreting the relationships between different institutions.
Pragmatism and Consequences
Consider the practical consequences of different interpretations. Weigh the future costs and benefits of each interpretation for society and the political branches. Pragmatist approaches often involve balancing these consequences and selecting the interpretation that may lead to the best outcome. This includes reflecting on the role of the judiciary and the potential for constructive judicial action.
Moral Reasoning and National Identity
Recognise that certain moral concepts and ideals underlie the text of the Constitution. For example, principles such as "equal protection" and "due process of law" should inform your interpretation. Additionally, consider the concept of national identity or "ethos", drawing upon the distinct character and values of the nation.
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Constitutional law career prospects
Constitutional law is a multifaceted field, offering a wide range of career options. Lawyers specializing in constitutional law may work on cases that set standards for future laws and policies. They handle the interpretation and implementation of constitutional laws, such as the separation of powers, and may go to court to seek clarification on the meaning of the constitution, challenge the constitutionality of legislation, or advocate for a client's constitutional rights, such as freedom of speech.
Constitutional lawyers may work for law firms, government agencies, or public interest litigation firms specializing in areas like religious liberty or women's rights. They often advise clients on matters related to constitutional law and represent them in court. Some lawyers also work pro bono, providing legal services to those who cannot afford them.
To become a constitutional lawyer, one typically needs an undergraduate degree followed by a three-year law degree program. During law school, students can take elective courses like administrative law and public policy to prepare for a career in constitutional law. Internships with constitutional law firms during the second year of law school can provide valuable experience and enhance professional networks. After graduating, aspiring constitutional lawyers must pass the state bar exam, which covers all areas of law, and they often start their careers as junior associates under experienced lawyers.
In addition to lawyers, other career paths related to constitutional law include paralegals, judges, legal professors, and law school instructors. Paralegals assist lawyers in a variety of settings, including corporate, private, or government offices specializing in areas like immigration or labor law. Judges interpret the law and preside over court proceedings, while legal professors educate law students and conduct research. Law school instructors, on the other hand, prepare lesson plans and teach complex legal concepts to students pursuing careers in law.
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Frequently asked questions
Constitutional law is the law as it relates to the United States Constitution. It includes the relationships between the three branches of the federal government, the relationships between federal, state, and local governments, and the interpretation of different provisions of the Constitution, including the Bill of Rights.
There are several books that can help you study for constitutional law, including:
- Understanding Constitutional Law
- Constitutional Law Cold Call Companion
- A Short and Happy Guide to Constitutional Law by Mark C. Alexander
- Emanuel Law Outlines for Constitutional Law by Steven L. Emanuel
- Acing Constitutional Law by Russell Weaver and Steven Friedland
Here are some tips to help you prepare for a constitutional law test:
- Review past exam questions and model answers to understand how to describe the relevant law and apply the facts to the law.
- Focus on highly tested topics such as individual rights, which make up 50% of constitutional law questions.
- Practice writing answers to essay questions to become familiar with how constitutional law is tested.
- Learn how to identify sources and types of judicial review, state and federal authority boundaries, due process rights, privileges, immunity rights, First Amendment rights, and equal protection rights.
- Understand the distinctions between procedural and substantive due process, and when strict scrutiny applies.
Some frequently tested constitutional law issues include:
- Standing: Examiners often test the standing of organizations or associations, including the ability of an organization to sue for injuries to its members.
- Dormant Commerce Clause: This limits states from discriminating against or burdening interstate commerce, with exceptions such as when Congress expressly authorizes the discrimination.
- First Amendment rights: Be prepared to identify key elements such as speech regulation and the establishment clause, and apply relevant tests such as the Lemon test for church-state separation.
After graduating with a Bachelor's Degree and taking the LSAT, you can apply to law school to study constitutional law. Following law school graduation, you can take the Multistate Professional Responsibility Exam (MPRE) and the State Bar Exam to become a licensed lawyer. Constitutional lawyers can work in various settings, including civil and criminal firms, and often specialize in areas such as civil rights or evidence suppression.
