Constitutional Law

Constitutional Law – Essay

o The Essay-Question will be released tomorrow morning around 8 am
o 8-9 pages. Times New Roman, 12-pt font.
o 1 Essay analysis in IRAC style. 1 essay – 4 subparts questions
o You should know how IRAC style is!!!

3 majority mastery topics

1. Commerce Clause
2. Substantive Due Process
3. Equal Protection (Super important, lots of doctrines)

Important: Which of the substantive due process cases (see below) it the most relevant for your analysis?

Cases:
Commerce Clause
• Wickard v. Filburn
• United States v. Lopez
• Gonzales v. Raich

Substantive Due Process
• Williamson v. Lee Optica  default rule, rational basis
• Washington v. Glucksberg  you should cite the rule
• Bowers v. Hardwick
• Lawrence v. Texas
• Obergefell v. Hodges (It’s pretty difficult to understand)
You should know  Types of classifications, Level of review, standard of review.

Equal Protection
• Plessy v. Ferguson
• Brown v. Board Education (Brown I & II)
• Korematsu v. United States (Classification)
• Loving v. Virginia

IRAC:
Issue – find them
(The issue is…)
Rules – applicable legal rules and theory
(As a rule…, As a general rule…, The majority rule…, The rule from…, In law, the Court has ruled…)
Analysis – apply facts to law
(Here…, In this case…, In the matter at hand…, xxx other direction…, On the other hand…, Alternatively…, In addition…, Moreover…,
Conclusion
(In my view…, For the reasons discussed above…, Accordingly…, Because (important rationale), the Court should…)