Constitutional Law MBE Outline

I. Judicial Power

Federal Judicial Power

• Article III: Grants judicial power to the Supreme Court and inferior courts.
• Standing: Requires (1) Injury in fact (concrete and particularized), (2) Causation (fairly traceable), and (3) Redressability.
• Ripeness/Mootness: Cases must not be premature and must present a live controversy.

II. Separation of Powers

• Commerce Clause: Congress may regulate (1) channels of commerce, (2) instrumentalities, and (3) activities having a substantial economic effect on interstate commerce.
• Taxing & Spending Power: Congress may tax and spend for the general welfare.

III. Individual Rights

Equal Protection Clause (14th Amendment)

• Strict Scrutiny: Applies to suspect classifications (race, nat