Constitutional law essay checklist

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Constitutional law essay checklist

This discussion contains two parts. The first is devoted to the subject of studying for the Constitutional Law exam. The second is devoted to the subject of taking the Constitutional Law Exam. The two parts overlap somewhat, but they present the material in a somewhat different way. You may want to Constitutional law essay checklist the Constitutional law essay checklist on studying for the exam followed by the material on taking the exam and then reread the first part on studying for the exam.

This will give you a good idea about the relationship that exists between studying and taking the exam. Studying for the Constitutional Law Exam Studying for an exam in Constitutional Law is, of course, similar to studying for many other law school exams.

In general, it is necessary to make sure you know and understand the various aspects of constitutional law covered in the course. However, learning the law in the abstract is only half the task.

You also need to learn how to apply the relevant legal standards to particular fact patterns. The first aspect of studying involves reviewing the material we covered throughout the course. You will be tested on what you learned from the combination of assigned readings, class discussions of that material, and material posted on the course website.

Some study aids may present the covered material differently and therefore steer you in the wrong direction. If you have any doubt about the correct approach, the Constitutional Law Course Review and the individual subject reviews e.

It is very important that you learn these standards accurately and completely. If you apply the wrong standard, you will not get any points for identifying the correct legal standard and you will not get any points for applying the correct standard to the facts.

If you fail to describe the standard completely e. Therefore, errors in identifying the applicable law have a cascading impact on exam performance. You lose points both on identifying the correct legal standard and applying that standard. The only reliable way to accurately and completely learn all the applicable standards is by memorization.

Many students prepare flash cards for this purpose. In addition to knowing the standards, you also need to know how the Court determines which standard of review applies, if more than one might be applicable.

Supreme Court Rules

For examples in areas of constitutional law where two or more possible standards might apply, you need to know how the Court will determine which of the available standards it will apply.

This kind of choice of standards is available under the Commerce Clause in Category 3 cases where Congress is regulating a local activity, the key question which will determine what test applies is whether the regulated activity is an economic or a noneconomic activitythe dormant Commerce Clause under the dormant Commerce Clause, the Court has applied the stricter standard from Maine v.

In addition, to knowing what standards a court could apply and how it will decide which one to apply where there is a choice, you also need to be able to apply the standard to the facts of the question. More points on an exam are awarded for applying the facts than for any other single aspect of an exam answer.

It is important not to neglect this critical aspect of exam performance. However, fact application will only get you points on an exam if you are applying the facts to the correct legal standard so analyzing the facts without any legal framework or with the wrong legal framework is not enough.

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Finally, litigants presenting constitutional claims before a court, must always be prepared to argue in the alternative. For example, while the challenger arguing that a law violates the Due Process Clause wants to convince the court that the right infringed upon is a fundamental right and the infringement on the right should be reviewed using the strict scrutiny test, the challenger has no way of knowing whether that argument will succeed.

Therefore, the challenger must argue in the alternative that the law is unconstitutional even under the minimum scrutiny test if such an argument is at all possible. Similarly, while the government will try to convince the court that the right interfered with is a nonfundamental right and minimum scrutiny should apply, the government has no way of knowing whether the court will accept that argument.

Therefore, the government has to argue in the alternative that the law is constitutional even under the strict scrutiny test.

In summary, for each area of constitutional law tested on the exam, you need to learn the various standards of review that the Supreme Court applies to that area, how the Court determines which standard of review applies, if more than one might be applicable, and how the Court applies the relevant standards to particular facts.

Information about all of these subjects is included in the Constitutional Law Course Review which provides an overview of all the issues we studied and the law that relates to those issues. It also provides some suggestions for how to address certain issues on the exam.

If an exam question presents a challenge to a state law and provides you with information about a federal law that regulates in the same area, you need to know that a preemption challenge is possible. In making such an argument on behalf of a regulated entity that is seeking to convince a court that the state law is preempted and cannot apply to it, as a preliminary matter, you must demonstrate that the federal law is valid.

This will typically involve a brief analysis of the fact that the federal law is a proper exercise of a Congressional power such as the commerce power, but it may also be unclear that the federal law is a valid exercise of federal power. In the latter case, a more extensive discussion of the validity of the federal law will be required.

After arguing the federal law is valid, it will then be necessary to consider the applicability of the various kinds of preemption arguments that are available. Is there a specific clause in the federal statute that deals with the relationship between state and federal law?Constitutional Law Essay Question.

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Spencer] on schwenkreis.com *FREE* shipping on qualifying offers. Moving beyond the outline format used by most students, this book uses a checklist format to lead students through the questions they need to ask and answer to fully analyze the legal questions they are trying to resolve.

It assembles the different issues. Activism Resources-excellent resources for political activism What Pastors and Clergy Need to Know About Government and Taxation Course-materials you can use to educate a pastor of your church who is preaching a view of taxation that is completely inconsistent with the Bible, enacted law, and America's heritage.

As a follow-up to Tuesday’s post about the majority-minority public schools in Oslo, the following brief account reports the latest statistics on the cultural enrichment of schools in Austria.

Constitutional law essay checklist

Vienna is the most fully enriched location, and seems to be in roughly the same situation as Oslo. Many thanks to Hermes for the translation from schwenkreis.com Intermediate Scrutiny Test- is the law substantially related to an important government purpose)?

5. If none of the above, rational basis test{" is the law rationally related to a legitimate government purpose? CONSTITUTIONAL LAW OUTLINE.

Constitutional law essay checklist

I. CONSTITUTION’S TEXT, HISTORICAL CONTEXT, AND INTERPRETIVE METHODOLIGIES. A. Methods of Analysis: The Court has adopted several diverse methods of interpreting the Constitution.

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