Maybe you can try to discuss the issue from the mindset of a particular justice if there is an underlying issue you can discern. Like, maybe the issue is an unanswered question of how the commerce clause would come into play in a particular area and you could take the interpretation of Marshall in Gibbons.
I dunno man, I've never thought about going through a question like that haha
I should've started thinking about it more than 13 hours before my exam.
I'm thinking we'll get something related to a case going up against the SC soon, maybe related to drones or wiretapping or whatever. But outside of an originalism vs. living constitution thing, I wouldn't really know how to approach it. tbf, neither would no one else in my section (since this isn't really something anyone else has been spending time thinking about AFAIK), but there's not gonna be much separation between people on this exam because of the strict word limits he has, so I feel like the theory question is gonna be the best opportunity for me to separate myself.