Need halp with constitutional law

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
turbotong
Posts: 181
Joined: Thu Oct 28, 2010 12:53 am

Need halp with constitutional law

Postby turbotong » Sun Oct 30, 2011 6:13 pm

This class is different from the others... we are reading a ton of cases about the commerce clause, equal protection, and due process. However, unlike the other classes, you can't just read the facts of the case and pick out the rules and reasoning. There are always historical events behind the case and there are historical impacts that are always important, but I'm too used to looking for rules/reasoning/holdings.
Any general advice?

User avatar
johansantana21
Posts: 855
Joined: Sat Jul 23, 2011 7:11 pm

Re: Need halp with constitutional law

Postby johansantana21 » Sun Oct 30, 2011 10:14 pm

Chemerinsky

User avatar
Detrox
Posts: 411
Joined: Fri Aug 19, 2011 3:58 pm

Re: Need halp with constitutional law

Postby Detrox » Mon Oct 31, 2011 3:53 am

turbotong wrote:This class is different from the others... we are reading a ton of cases about the commerce clause, equal protection, and due process. However, unlike the other classes, you can't just read the facts of the case and pick out the rules and reasoning. There are always historical events behind the case and there are historical impacts that are always important, but I'm too used to looking for rules/reasoning/holdings.
Any general advice?


To the extent that general classes and exams depend on professors feel free to disregard my answer as my Con Law class and its expectations may seem completely alien to yours. However, before going into my Con Law exam I felt the exact same way as you and was anxious over the sheer number of cases and lack of core concepts to outline.

To some degree you are correct about the value of understanding the historical contexts and slight factual differences in at least the major cases, especially where the same issue exprienced a major shift in analysis (eg Korematsu compared to Hamdi or the early new deal commerce cases + current cases like Morrison compared to post-new deal commerce). In addition, the conceptualization of the Constitution as operating both as a structural tool (federalist/commerce concerns) and as a substantively protective tool operating to protect basic rights. But essentially, in all three areas you listed, I found there was really just a need to focus and solidify your understanding of the final tests and factors relevant to each area. To be explicit, for Commerce:, the interstate effects test with the relevance of Darby and Wickard (as well as the contemporary retreat from that broad case line); for Equal Protection: rational basis & strict scrutiny as well as the exceptions and relevant factors of each test; for Due Process: the Mathews test and the substantive due process category specific tests from any number of cases that fit this category (i.e. lawerence and bowers).

Hope some of this is useful.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: No registered users and 9 guests