Constitutional Law I: Topics for Exam Study
Problems with Articles of Confederation
Key Issues and Compromises at 1787 Convention
Key Figures at 1787 Convention
Ratification Debate
Bill of Rights
The Marshall Court
Civil War Amendments
The Rise and Fall of "Separate but Equal"
The Rise and Fall of "Lochnerism"
The Incorporation of the Bill of Rights
World War II Controversies
New Deal Era and the Expansion of Federal Power
Warren Court and Expansion of Liberties
The Court's Recent "Conservative" Trend
A Court Shaped by "Swing Justices"
Key Issues
Judicial Review

Independent and Adequate State Ground
Meaning of Necessary and Proper Clause
Powers of Congress (Commerce, Spending, Taxing, Property)
Powers of the President (including wartime powers)
Separation of Powers (including privileges)
Tenth Amendment
Federal Preemption (express and implied)
Dormant Commerce Clause (limitation on state regulation)
Article IV Privileges and Immunities Clause
Incorporation of Bill of Rights
Establishment Clause
Substantive Due Process
Equal Protection
"Suspect Classifications" and "Fundamental Rights"
Procedural Due Process
Privileges and Immunities
State Action
The Supreme Court
Cert Process
The Conference

Jurisdiction of Court
Majority, Concurring, Dissenting Opinions
Current Membership
Other Basic Facts About Court
Three-part Standing Test (injury, causation, redressibility)
"Clear statement" test for independent and adequate state grounds
Empirical vs Categorical Tests for Exercise of Federal Commerce Power
Three-part Test for Implied Powers of President (Youngstown)
Qualified Privilege: Factors in Balancing Test
Preemption (Express and Implied) Tests
Balancing Tests for State Regulations Affecting Commerce
"Market participant" exception and Dormant Commerce Clause
Rational Basis
Rational Basis "with Bite"

Intermediate Scrutiny
Strict Scrutiny
Others: Undue Burden, "Evolving Standards of Decency,"
PDP balancing test, Reasonableness (4th Am), etc.
The Constitution
Purposes of Constitution
Structure of Constitution
Division of Powers
Key Provisions
Key Case Information
Disagreements in Approaches Among Justices
Constitutional Interpretation
Sources for Interpretation
Originalists v Non-Originalists
Natural Law
Stare Decisis
Facial v As Applied Challenges
Application of Law to Facts
Understanding of Legal Principles
Understanding of Trends
Judgment About Strengths of Arguments
Ability to Analogize to Cases
Ability to Distinguish Cases
Common Sense
Avoid General Essays on the Law
Be Clear
Exploring Constitutional Conflicts