How to Write a Constitutional Law Essay: Attack Sheet and Sample Essay

Constitutional Law is one of the most interesting classes in law school. Below is an attack sheet for handling these essay questions, as well as a sample essay.

ATTACK SHEET

1. Always discuss standing whether it is requested or not.

a. Individual has standing if they have suffered an injury, relationship between the injury suffered and the cause of action and addressing of the harm through the cause of action.

2. Then discuss State Action

a. State Action is required in order for 14th amendment applies only if there is an action by a state or local government, government officer or private person whose behavior meets the requirements for state action. State action can be found where the person or entity performs exclusive public functions or has significant state involvement in their activities.

3. Equal Protection

a. Equal protection analysis requires a two-part test facial discrimination or facially neutral but with a discriminatory intent or impact. Then you apply the level of scrutiny required.

b. In evaluating an equal protection clause violation the court will apply one of three standards in examining the governmental classification which discriminates against a certain group of people.

4. Privileges and Immunities

a. Forbid one state from arbitrarily discriminating against citizens of another state.

5. Interstate Commerce

a. If a law burdens IC, it is considered to be in violation of the DCC unless it is necessary to achieve an important government purpose.

b. Market Participant Exception- If the state acts as a market participant then it is exempt.

c. Dormant commerce clause you can regulate or burden IC so long as there is no discriminatory intent, balance, least burdensome and promotes a state interest.

SAMPLE ESSAY:

Standing Arguments

Standing

A party will have standing if it can show that there is an injury in fact, that the harm was caused by the party, and that a favorable verdict will bring addressing issues. Here, the party brining the cause of action is an association representing various retailers who are impacted by the ordinance. In order for ARO to bring a cause for standing it will need to show that it has associational standing.


Sample Essays
Academic Essays