Massachusetts Law School 1L Study Guide for Constitutional Law
I. Introduction to Constitutional Law
- The Role of the Constitution: It is the supreme law of the United States, laying out the national frame of government and fundamental principles and rights.
- Federalism: The relationship between state governments and the federal government. Key concepts include the Supremacy Clause (Article VI) and the Tenth Amendment.
II. Judicial Review
- Marbury v. Madison: Established the principle of judicial review, which allows courts to declare laws unconstitutional.
- Issue: Was Marbury entitled to his commission? Could the courts force Madison to deliver the commission?
- Rule: The Constitution is the supreme law of the land, and it is the duty of the judiciary to interpret it.
- Analysis: The Judiciary Act of 1789 conflicted with the Constitution because it extended the Court’s original jurisdiction beyond what the Constitution allowed.
- Conclusion: The Supreme Court has the power to declare laws unconstitutional, but it could not force Madison to deliver the commission.
III. Separation of Powers
- Checks and Balances: Each branch of government has powers that can be used to check the other branches.
- Youngstown Sheet & Tube Co. v. Sawyer: Limited the executive power to seize private property without legislative authorization.
- Issue: Did the President have the authority to seize and operate the steel mills?
- Rule: The President’s power must stem either from an act of Congress or from the Constitution itself.
- Analysis: There was no statute that expressly authorized the President to take possession of private property. The seizure was not within the President’s Article II powers.
- Conclusion: The seizure of the steel mills was unconstitutional.
IV. The Commerce Clause
- Gibbons v. Ogden: Established a broad interpretation of the Commerce Clause, granting Congress the power to regulate interstate commerce.
- Issue: Did New York overstep its powers by granting a monopoly enforceable against vessels licensed under federal law?
- Rule: The Commerce Clause gives Congress exclusive power over interstate commerce.
- Analysis: Navigation of interstate waters for the purpose of conductive interstate commerce counts as “commerce.”
- Conclusion: The New York law was void because it conflicted with federal law.
V. The Spending Clause and Taxing Power
- South Dakota v. Dole: Upheld the use of conditional federal grants to influence state policy.
- Issue: Can Congress condition highway funds on states raising the legal drinking age?
- Rule: Under the Spending Clause, Congress may attach conditions on the receipt of federal funds to influence state policies if certain criteria are met.
- Analysis: The conditions were for the general welfare, were clear and unambiguous, related to a federal interest in national projects, and did not induce constitutional violations.
- Conclusion: The conditions on federal highway funds were constitutional.
VI. The Tenth Amendment
- New York v. United States: Limited the power of Congress to compel states to enact or enforce a federal regulatory program.
- Issue: Could Congress compel states to take title to nuclear waste?
- Rule: The Tenth Amendment prohibits federal commandeering of state governments.
- Analysis: The “take title” provision directed states to regulate according to congressional instruction, which is impermissible commandeering.
- Conclusion: The provision was unconstitutional.
VII. Substantive Due Process
- Lochner v. New York: Introduced the concept of substantive due process, scrutinizing the reasonableness of government regulation related to liberty contracts.
- Issue: Did the New York law violate the liberty protected by the Due Process Clause of the Fourteenth Amendment?
- Rule: The Due Process Clause protects the right to enter into contracts.
- Analysis: The law interfered with the freedom of contract without sufficient justification.
- Conclusion: The law was unconstitutional.
VIII. Equal Protection Clause
- Brown v. Board of Education: Overturned “separate but equal” doctrine, beginning the process of desegregation in schools.
- Issue: Does segregation of public schools by race violate the Equal Protection Clause?
- Rule: Separate educational facilities are inherently unequal.
- Analysis: Segregation generates a feeling of inferiority among minority children.
- Conclusion: The segregation of public schools based on race violates the Equal Protection Clause.
IX. First Amendment Freedoms
- Freedom of Speech: Protected by the First Amendment but not absolute; subject to several recognized limitations.
- Freedom of Religion: Includes the Establishment Clause and the Free Exercise Clause, each with a complex body of case law.
- Freedom of the Press: Protects the right to circulate opinions in print without censorship by the government.
X. Fundamental Rights and the Fourteenth Amendment
- Roe v. Wade: Established a woman’s right to choose to have an abortion under the right to privacy.
- Issue: Does the Constitution recognize a woman’s right to terminate her pregnancy by abortion?
- Rule: The Due Process Clause of the Fourteenth Amendment provides a fundamental “right to privacy,” which protects a pregnant woman’s choice.
- Analysis: The state’s interest must be balanced against the woman’s right to privacy.
- Conclusion: The Texas statute criminalizing abortion violated the Constitution.
XI. Massachusetts-Specific Constitutional Law
- Goodridge v. Department of Public Health: Massachusetts Supreme Court ruling that prohibiting same-sex couples from marrying violates the state Constitution.
- Issue: Does denying marriage licenses to same-sex couples violate the Massachusetts Constitution?
- Rule: The Massachusetts Constitution affirms the dignity and equality of all individuals and forbids the creation of second-class citizens.
- Analysis: The state offered no sufficiently compelling interest to justify barring same-sex couples from civil marriage.
- Conclusion: The prohibition was unconstitutional under the Massachusetts Constitution.
XII. Review and Synthesis
- Case Synthesis: Draw connections between the cases, noting how each builds upon or distinguishes itself from earlier cases.
- Principles Application: Regularly practice applying constitutional principles to hypothetical situations in preparation for essay questions.
- Multiple Choice Strategies: Develop a strategy for answering multiple-choice questions based on recognizing legal issues and applying relevant principles.
XIII. Exam Preparation
- Practice Exams: Take past exams to become familiar with the format and to test your knowledge under timed conditions.
- Outlining: Create detailed outlines of each topic covered in class, distilling the key points, and organize them into a manageable study guide.
- Group Study: Form study groups to discuss and debate key concepts, which can aid in deepening your understanding of complex material.
Remember, this study guide is a starting point for your exam preparation. It’s important to review your class notes, read the cases in full, and consult your textbook and any supplementary materials provided by your professor.