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Note: As stated in the
syllabus, the exam is a closed book exam. This means completely closed
book. You
cannot bring any material with you to the examination to consult while
working on the exam.
In addition to the assignments
described below, your
preparation should include answering the Questions
Before Class for these 3
assignments. The assignments and other course information is available
on the course webpage at http://www.wneclaw.com/conlaw/conlaw.html.
1. January 10 - Introduction
to Judicial Review
and the Constitution
Read
casebook pages 1-15 (Marbury v.
Madison
and material on the background and meaning of Marbury).
If you have not yet
been able to purchase the
casebook, Marbury
v. Madison
is available online (pages 1 - top of page 9), but this version does
not include the notes after the case (pages 9-15) on the background and
meaning of Marbury.
Steps In Constitutional Analysis
Johnson
v. California, 125 S. Ct. 1141 (2005)
3. January 15 - Introduction to Federalism
Pages 60-76 (McCulloch v. Maryland and material on the background and meaning of the McCulloch decision).
Questions Before Class
Fall 2012
Newly Posted Exam Review Material:
Constitutional
Law Course Review Fall 2012
Answers to Student Questions
(last updated 11/29 at 1 p.m.)
General Exam Review Material
Studying for and Taking
the
Constitutional Law Exam
Grading Sheets and Grading
Improving Your Exam
Performance
Substantive Course Review Material
Constitutional Law Course
Review 2012
State Autonomy Review 2013
Due
Process Review 2012
Equal Protection Review 2012
Review of Commerce Clause
(power of Congress to regulate interstate commerce)
Review of Preemption, Dormant Commerce Clause, and Article IV Privileges and Immunities Clause
Sample Exam Questions and Answers
Equal Protection Review Question
Equal Protection Review
Question Grading Sheet
Equal
Protection/Due Process Review Question
Equal Protection/Due Process
Review Question Grading Sheet
Due
Process Review Question
Due
Process Review Question Grading Sheet
Due Process In-Class Exam
Question
Due Process In-Class Exam
Grading Sheet
Sample Exam Questions -
First Half of Course
Answers to Sample
Exam Questions - First Half of Course
Answer to Question One
Answer to Question Five
Due
Process Review Question Grading Sheet (welfare reform
question)
Equal Protection Review Question
(scholarship program)
Equal
Protection/Due Process Review Question (custody case)
Sample Commerce Clause/State Autonomy
Question (Review Question 3)
Other Course Materials
Equal
Protection Standards
Argument
Types -
Fundamental vs. Nonfundamental Rights
Due Process Hypotheticals
Substantive
Due Process Chart (with undue burden)
Substantive
Due Process Chart (fundamental vs. nonfundamental rights)
Federal
Partial Birth Abortion Ban Act of 2003 (operative sections)
Federal
Partial Birth Abortion Ban Act of 2003 (entire statute)
Various
Explanations of the Impact of the Undue Burden Test
Fragmented Decisions
Griswold v. Connecticut Chart of
Opinions
Due Process Chart - Older
Lochner Approach
vs. Newer Deferential Approach
Vlandis v. Kline (state university
tuition)
Separation of Power Approaches
Privileges and Immunities Clauses
Dormant Commerce Clause vs.
Privileges and Immunities Clause Quiz
Dormant Commerce Clause Hypotheticals
Chart Comparing Dormant
Commerce Clause
and Privileges & Immunities Clause
Privileges and Immunities Clause (Preliminary
Hurdles and Standard of Review)
Articles of Confederation Article IV
Categories
of Dormant Commerce Clause Cases
Ti Plant
Recorded Classes:
For students who were not able to attend class on Tuesday, November 15,
a recording of the class is available here.
For students who were not able to attend class on Tuesday, October 11,
a recording of the class is available here
For students who were not able to attend class on Thursday, September
29, a recording of the class is available here.
Newly Posted Material
Answers to Student Questions
(last updated on December 5 at 8
p.m.)
Studying and Taking the Constitutional Law Exam
Answers to Student Questions (last updated on December 5 at 8 p.m.)
Sample Exam Questions - First Half of CourseAnswers to Sample Exam Questions - First Half of Course
Past Examinations and Answer Sheets
Model Answer for Spring, 2010 Exam
Model Answer for Spring, 2004 Exam
Supreme Court Watch
M.B.Z.
v. Clinton (political question doctrine and President's power to
recognize foreign sovereigns arising in context of power to record
birthplace on a passport)
Class
Recordings:
Wednesday, April 13, click here
for a
recording of the class.
Friday, April 1, click here for a
recording of the class.
Friday, March 11, click here for a
recording of the class.
Friday, January 21, click here
for a recording of the class.
New Material
Answers to Student Questions
- last updated May 10 at 8:30 p.m.
Studying and Taking the
Constitutional Law Exam
Syllabus
Questions Before Class
United States v.
Comstock
Constitutionality of Sex
Offender
Registration and Notification Act
Challenges to the New Health Care Law
Maine
v.
Taylor
Camps
Newfound/Owatonna, Inc. v. Town of Harrison
Granholm
v. Heald
Weaver
v. Palmer Bros. Co.
Supreme Court Watch
Bruesewitz
v. Wyeth (National Childhood Vaccine Injury Act of 1986) (express
preemption) (decided Feb. 22, 2011) (Court decides that the Act
preempts design-defect claims against vaccine manufacturers)
Williamson
v. Mazda Motor of America, Inc. (preemption) (decided Feb. 23,
2011) (Court decides that federal auto safety standards do not preempt
state tort suits claiming that automobile manufacturers should have
installed
lap-and-shoulder belts, rather than simply lap belts, on rear inner
seats.)
Chamber
of Commerce v. Whiting (Legal Arizona Workers Act) (express
preemption)
Other Course Materials
Equal Protection Standards of Review
Substantive
Due Process Chart (with undue burden)
Substantive
Due Process Chart (without undue burden)
Federal
Partial Birth Abortion Ban Act of 2003 (operative sections)
Federal
Partial Birth Abortion Ban Act of 2003 (entire statute)
Various
Explanations of the Impact of the Undue Burden Test
Fragmented Decisions
Due Process Chart - Older
Lochner Approach
vs. Newer Deferential Approach
Proposed
Reduce Unnecessary Spending Act of 2011
Separation of Power
Approaches
Preemption Hypotheticals
Types of Preemption Analysis
Dormant Commerce Clause vs.
Privileges and Immunities Clause Quiz
Chart Comparing Dormant
Commerce Clause
and Privileges & Immunities Clause
Baldwin v. Montana Fish & Game
Commission (defining privileges and immunites under Article IV,
Section 2)
Privileges and Immunities Clause (Preliminary
Hurdles and Standard of Review)
Dormant Commerce Clause
Hypotheticals
Categories of
Dormant
Commerce Clause Cases
Letter
From the Attorney General to Congress on Litigation
Involving the Defense of Marriage Act (February 23, 2011)
Spending Power Test
State
Autonomy and Federal Spending Power Hypotheticals
Civil Rights Act Photos
Roscoe
Filburn
NLRA Images
Gibbons Graphic
Federalist
Papers (Wikipedia)
Johnson Hypotheticals
Marbury
Constitutional Provisions
Marbury Conflicting
Provisions
Examinations, Answer Sheets, Model
Answers and Exam Review Material
Past Examinations and Answer Sheets
Model Answer for Spring, 2010 Exam
Model Answer for Spring, 2004 Exam