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Constitutional Law

The Pocket Guide

Every black-letter rule a first-year constitutional law exam actually tests - justiciability, federalism and congressional power, equal protection and due process, the First Amendment, and separation of powers - reduced to its essential elements, one real example each, and the single thing worth remembering under time pressure. No padding, no filler cases, nothing outside the standard curriculum.

5 chapters · ~59 pages · delivered as a PDF, read on any device · $12 one-time

Contents

Chapter 1: Judicial Review & Justiciability

Before a court can rule on what the Constitution means, it first has to be the right court, the right case, and the right time. Nothing else in this book matters if a claim never clears these real, threshold hurdles.

  • Judicial Review
  • Case or Controversy & Advisory Opinions
  • Standing
  • Ripeness & Mootness
  • The Political Question Doctrine
  • The Supremacy Clause
  • Putting It Together: A Justiciability Checklist

Chapter 2: Federalism & Congressional Power

Congress isn't a general legislature - it only has the specific powers the Constitution actually grants it, plus fair implementing means. This chapter is about exactly how far those real, enumerated powers reach, and their real limits.

  • Enumerated Powers & the Necessary and Proper Clause
  • The Commerce Clause: Aggregation
  • The Commerce Clause: Modern Limits
  • Taxing & Spending
  • Anti-Commandeering
  • The Dormant Commerce Clause
  • Preemption

Chapter 3: Equal Protection & Due Process

One real framework - the level of scrutiny - runs across both equal protection and due process. Get comfortable identifying which tier applies before anything else in this chapter will make sense.

  • The Three Levels of Scrutiny
  • Rational Basis Review
  • Strict Scrutiny & Race-Based Remedial Measures
  • Procedural Due Process
  • Substantive Due Process
  • Incorporation Doctrine

Chapter 4: The First Amendment

The single most important distinction in free speech doctrine - content-based vs. content-neutral - drives almost everything else in this chapter. Nail that distinction first.

  • Content-Based vs. Content-Neutral Restrictions
  • Categories of Unprotected Speech
  • Time, Place & Manner Restrictions
  • Symbolic Speech
  • Prior Restraints
  • The Establishment Clause
  • The Free Exercise Clause

Chapter 5: Separation of Powers

The real question running through this whole chapter: when does one branch's action actually intrude on another's real, constitutional territory - and when is it just ordinary, permitted overlap?

  • The Youngstown Framework
  • Appointment & Removal
  • The Delegation Doctrine
  • Bicameralism & Presentment
  • Executive Privilege & Immunity
  • War Powers & Foreign Affairs
  • Impeachment

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This book teaches general doctrine using original hypothetical examples. It does not provide legal advice about any specific situation and does not create an attorney-client relationship. For advice about your own circumstances, consult a licensed attorney.