Constitutional Law
Constitutional Law covers the structure of government and individual rights under the United States Constitution. This chapter surveys foundational doctrines tested on the MBE. Constitutional interpretation evolves, so principles here are stated at a general level.
Judicial Review and Federal Power
Marbury v. Madison established judicial review, the power of courts to declare governmental acts unconstitutional. Congress's legislative powers include broad authority under the Commerce Clause to regulate commerce among the states, supported by the Necessary and Proper Clause.
Individual Rights and Equal Protection
The Constitution protects rights such as speech, religion, and due process. Under equal protection, courts apply different levels of scrutiny: strict scrutiny for suspect classifications like race, intermediate scrutiny typically for gender, and rational-basis review for most other classifications.
Separation of Powers and Federalism
Power is divided among the legislative, executive, and judicial branches and between the federal and state governments. Doctrines such as the Supremacy Clause and limits on state action shape how these powers interact.