Constitutional Law

Question 1

Constitutional Law: General Roadmap

Answer 1

I. Judicial Review
II. Powers of Congress
III. Interference by State Regulation
IV. Individual Rights

Question 2

I. Judicial Review

Answer 2

A. Justiciability
B. 11th Amendment Limitation

Question 3

II. Powers of Congress

Answer 3

A. 10th Amendment
B. Commerce Power
C. Taxing and Spending Power
D. Necessary and Proper Clause
E. Other Powers
F. Enforcement Powers

Question 4

III. Interference by State Regulation

Answer 4

A. Dormant Commerce Clause
B. Privilege and Immunities Clause, Art. IV (Comity Clause)
C. State Taxation of Commerce
D. Preemption

Question 5

IV. Individual Rights

Answer 5

A. State Action
B. Procedural Due Process (5th, 14th)
C. Substantive Due Process (5th, 14th)
D. Equal Protection (5th, 14th)
E. Takings (5th)
F. Freedom of Religion (1st)
G. Freedom of Speech (1st)
H. Freedom of Association (1st)

Question 6

I.A. Justiciability

Answer 6

1. Ripeness
2. Mootness
3. Standing (Injury, Causation, Redressability)
4. Other limitations (abstention, political question, advisory opinions)