Constitutional Law I: Topics for Exam Study
History
Problems with Articles of Confederation
Key Issues and Compromises at 1787 Convention
Key Figures at 1787 Convention
Ratification Debate
Bill of Rights
Civil War Amendments
The Rise and Fall of "Separate but Equal"
The Rise and Fall of "Lochnerism"
The Incorporation of the Bill of Rights
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
Incorporation of Bill of Rights
Establishment Clause
Second Amendment
Searches
Cruel and Unusual Punishment
Ninth Amendment
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
Tests
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
Holdings
Tests
Reasoning
Disagreements in Approaches Among Justices
Constitutional Interpretation
Sources for Interpretation
Originalists v Non-Originalists
Textualist
Intentionalist
Pragmatist
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