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Constitutional Law on the Multistate Essay Exam: Highly Tested Topics and Tips

Constitutional Law is regularly tested on the MEE. It is tested, on average, once every year or year-and-a-half. It used to be the least-tested MBE subject on the MEE, but it has been making a comeback and is now tested relatively equally with other subjects.

Here, we tell you tips for approaching Constitutional Law on the MEE and we reveal some of the highly tested issues in Constitutional Law questions.

Constitutional Law on the Multistate Essay Exam

1. first, be aware of how constitutional law is tested.

Constitutional Law is about once every year or year-and-a-half, as noted above. The subject of Constitutional Law can be divided into two sections: (1) governmental powers (the powers of Congress, the President, judiciary, federalism, etc.) and (2) individual rights (First Amendment, Equal Protection Clause, Due Process Clause, etc.). Constitutional Law MEE questions have shifted from testing primarily First Amendment and individual rights issues to lately primarily testing governmental powers.

Constitutional Law was combined with another subject for the first time in July 2019 (Civil Procedure). Constitutional Law was combined with Corporations and LLCs in July 2020.

2. Be aware of the highly tested Constitutional Law issues

The examiners tend to test several of the same issues in Constitutional Law questions. You can maximize your score by being aware of these highly tested issues. (We have a nice summary of these in our  MEE One-Sheets  if you want to see all of them and have them all in one place.)

Some highly tested Constitutional Law Multistate Essay Exam issues include:

Commerce clause and dormant commerce clause.

These are NCBE favorites! You should be aware of Congress’s power to regulate commerce, as well as the states’ power to regulate commerce in the absence of congressional regulation.

  • Commerce Clause:   Congress can regulate the channels and instrumentalities of interstate commerce , persons and things in interstate commerce , or anything that has a substantial effect on interstate commerce . (This is a very broad power!) However, Congress cannot “commandeer” states and force them to enforce federal laws. Congress can, instead, regulate directly through its commerce power or it can regulate indirectly through its taxing and spending power .

Commerce Power

  • Dormant Commerce Clause:   If Congress is silent, states may regulate commerce. However, if a state regulation  discriminates against interstate commerce , it is usually unconstitutional as it must undergo a  strict scrutiny analysis. If the regulation is  nondiscriminatory on its face , it undergoes a burden-benefit analysis and is more likely to be held constitutional. Memorize these two standards of review . If you see a Dormant Commerce Clause issue, state both standards of review prior to applying the applicable one.

Dormant Commerce Clause - Unreasonable Burdens

  • Exceptions:   Be aware of when the Dormant Commerce Clause does not apply— when Congress is regulating , when the state is acting as a market participant , and when the law favors a government entity performing a traditional governmental activity (such as waste disposal).

Equal Protection Clause (EPC)

To perform well on an EPC MEE question, you need to memorize the standards of review under the EPC. This will help boost your score not only for the MEE but also for the MBE. You should also memorize the standards of review under the Due Process Clause, although so far, the EPC has shown up more frequently on the MEE, with issues involving age and gender.

  • Strict scrutiny:   The  government must prove that the law is  narrowly tailored (necessary) to achieve a  compelling governmental interest . The government usually loses under a strict scrutiny analysis. Strict scrutiny applies to fundamental rights , racial or ethnic discrimination , and alienage (though there are exceptions for alienage where strict scrutiny does not apply—e.g., if the public function doctrine applies or if the law regulates illegal aliens [term used by the examiners]).

Strict Scrutiny

  • Intermediate scrutiny:   The  government must prove the law is  substantially related to an  important government interest . Intermediate scrutiny applies to classifications of gender and illegitimacy [term used by the examiners].

Intermediate Scrutiny

  • Rational basis:   The  plaintiff must prove that the law is  not rationally related to a  legitimate government interest. The plaintiff usually loses under rational basis. Rational basis applies to every other classification—poverty, wealth, age, education, etc.

Rational Basis

First Amendment free speech

First Amendment free speech is heavily tested on the MEE. Some highly tested free speech topics are:

  • Government action required

Application of the First Amendment

  • Content-based versus content-neutral speech restrictions: A content-based restriction seeks to forbid communication about certain ideas or content . Content-based restrictions are usually subject to strict scrutiny .

Content-based versus content-neutral

  • Content-neutral restrictions do not seek to forbid the content of the speech and usually restricts the time, place, or manner that the speech may be expressed (see below).

constitutional law essay questions

  • Public forum versus private forum

Public Forum

3. Memorize the important Constitutional amendments and clauses

To build credibility with the grader, it is helpful to know which amendment goes with which topic. For example:

  • Commerce Clause:   under the Commerce Clause, Congress has the power to regulate interstate commerce.
  • Equal protection:  The Fourteenth Amendment provides that no state shall deny to any person within its jurisdiction the equal protection of the laws.
  • Free speech:   The First Amendment applies to the states through the Due Process Clause of the Fourteenth Amendment.
  • Eminent domain:   a restriction on takings arises from the Fifth Amendment and is applied to the states through the Fourteenth Amendment.

Stating the applicable Constitutional amendment/clause is a great way to begin your rule statement on a Constitutional Law MEE question. Also, knowing ahead of time what you will write when you see one of these topics tested can help boost your confidence on exam day.

4. Understand the trickier Constitutional Law tested issues

Memorization is important, but you also want to make sure that you understand the law so that you can accurately apply it. Many examinees have trouble with Dormant Commerce Clause issues, the Eleventh Amendment , application of First Amendment free speech issues , and distinguishing between Equal Protection Clause and substantive Due Process Clause issues .

Some examinees memorize these concepts, but they do not properly apply them to the facts because they do not truly understand them.

Due Process and Equal Protection

If you find yourself unable to properly apply the law to the facts, try the following:

  • Attend (or rewatch) your bar review course lecture if you found it helpful.
  • Seek a tutor for Constitutional Law (or consult with a study group, if you have one).
  • Practice MEE and MBE questions and closely analyze the answer explanations, while making notes to yourself of helpful examples.
  • Review the topics you are having trouble with by doing a Google search.

Some students feel a false sense of confidence about Constitutional Law. Make sure that you actually understand the more nuanced issues—they tend to be the most highly tested ones on the MEE!

5. Practice! 

Practice is critical if you want to master Constitutional Law on the MEE. As an added bonus, you may also see your MBE score improve if you practice Constitutional Law essays.

Here, we provide you with some links to free Constitutional Law MEE questions and NCBE point sheets. (If you would like to purchase a book of Constitutional Law MEE questions and NCBE point sheets, check out our  MEE books  here. You can also see some additional exams  on the NCBE website for free here .)

  • October 2020 Constitutional Law MEE: this MEE covers free speech—content-based, content-neutral, and time-place-or-manner
  • February 2016 Constitutional Law MEE: this MEE covers the Dormant Commerce Clause.
  • February 2015 Constitutional Law MEE: this MEE covers the Equal Protection Clause under the Fourteenth Amendment.
  • February 2013 Constitutional Law MEE: this MEE covers state action and First Amendment free speech.

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Constitutional Law

Notes, cases, and materials on constitutional law, topic notes.

Past Papers

Back to Subjects | Back to Law

Introduction to public law

Constitutional law

Constitutional conventions

Ministerial responsibility

Royal prerogative

Rule of law and powers

Parliamentary Sovereignty

Implied repeal and constitutional statutes

The judiciary

EU supremacy

Devolution of Northern Ireland

Devolution of Scotland and Wales

Constitutional Reform

Introduction

Jurisdiction and errors of law/fact

Discretion and deference

Ground: illegality

Ground: irrationality

Human rights adjudication

Ground: proportionality

Tribunals and Ombudsmen

Ground: procedural fairness and bias

Legitimate Expectations

Amenability

Judicial review procedure and remedies

Rule of Law and powers

Parliamentary sovereignty

EU Supremacy

Human Rights

Errors of law and fact

Legitimate expectations

Past Papers & Questions

1. ‘[Judicial deference] has two distinct sources. The first is the constitutional principle of the separation of powers. The second is no more than a pragmatic view about the evidential value of certain judgments of the executive, whose force will vary according to the subject matter.’ R (Carlile) v Secretary of State for the Home Department [2014] UKSC 60, [22] (Lord Sumption)

Critically discuss the role judicial deference plays in judicial review decisions, and the implications, or even dangers, it might pose.

2. ‘I suggest that the non-enforceability of conventions by the Court[s] is of only marginal importance, at least in nearly all situations. In nearly all cases, the power authoritatively to identify and declare the terms of established constitutional conventions will be enough to attract voluntary compliance from the political actors.’ - W R Lederman ‘The Supreme Court of Canada and Basic Constitutional Amendment An Assessment of Reference Re Amendment of the Constitution of Canada (Nos 1, 2 and 3) (1982) 27 McGill LJ 527, 537-538.

Critically discuss the importance of conventions for the UK constitution.

3. ‘The United Kingdom does not have a constitution to be found entirely in a written document. This does not mean there is an absence of a constitution or constitutional law. On the contrary, the United Kingdom has its own form of constitutional law...’ R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) [18]

Critically discuss whether there are now legal arguments in favour of codifying the UK Constitution.

4. ‘[I]t could be said that the British Constitution does not know of any rule of law since no superior law puts limits to what Parliament may legislate.’ Phillips, Jackson and Leopold, Constitutional and Administrative Law (Sweet & Maxwell 2001)

Critically discuss whether this statement remains applicable today.

5. ‘The power of public authorities to change policy is constrained by the legal duty to be fair (and other constraints which the law imposes). A change of policy which would otherwise be legally unexceptionable may be held unfair by reason of prior action, or inaction, by the authority.’ Laws LJ in R (Bhatt Murphy) v Independent Assessor [2008] EWCA Civ 755, [50].

With reference to the quote above, critically evaluate whether the judicial practice of enforcing legitimate expectations can be accurately described as being grounded in the principle of fairness.

6. Constitutional Reform Act 2005, section 1, states ‘This Act does not adversely affect [...] the existing constitutional principle of the rule of law’.

Critically discuss the role of the ‘existing constitutional principle of the rule of law’ in the British constitution and particularly its importance in relation to the constitutional position of the judiciary.

7. Critically evaluate the methods of enforcement and accountability for breaches of constitutional conventions.

8. Critically evaluate the legal significance and utility of the Human Rights Act 1998 within the UK Constitution.

9. Critically discuss the continued relevance of Wednesbury review.

10. Critically discuss whether the UK’s accession to the European Union has triggered a constitutional revolution and resulted in the demise of parliamentary sovereignty.

11. Critically evaluate the notion that the UK constitution is principally enforced, protected and upheld by processes that are distinctly political, rather than legal.

The (fictional) Immigration Centres Act 2016 was recently enacted. It was passed using the Parliament Acts 1911 and 1949 because of strong opposition from the House of Lords to some of the powers it confers on the Home Office.

Under the Immigration Centres Act 2016, new facilities will be opened:

  • s. 5 ‘the Secretary of State may (if necessary) change the use of other state owned facilities to use as Detention Centres.’
  • s. 6 ‘the UK Border Agency (UKBA) will invite tenders from private companies for any contract to manage any facility designated as a Detention Centre under this Act.’

In addition,

  • s. 11 ‘the Secretary of State may extend a person’s detention indefinitely if he believes such an extension to be necessary. The person is free to leave the United Kingdom if they choose.’

In April, the Home Secretary, Ms North, made a public statement that a new Detention Centre would shortly be opened on premises currently used by a publicly owned school for children with special learning needs. Alice, one of the children at the school, has severe learning difficulties and her doctors have warned that changing schools may be seriously detrimental to her wellbeing. Her mother contacted their MP, Mr South, who said ‘there will be a consultation and very likely, this change will not happen.’ Alice’s social worker also assured her on at least three occasions that the closure would not happen and Alice would always be able to go to school there. The plan has gone ahead and an Order has been made to close the school without consultation. Ms North says that the social worker had ‘no right’ to make the assurances she did.

Clive works for the UKBA and has been asked to invite tenders from private companies for the contract to run the Detention Centre. The contract is awarded to ‘Lock and Key’, a company run by a close friend of his wife, who had dinner with them the weekend before the decision was made. ‘Prison People’, another company, is unhappy to have missed out.

Daniil has been held in another Detention Centre for the past 6 months. He cannot return to his home country because of armed conflict which makes him afraid for his life. The Home Secretary, Ms North, however, is persuaded based on intelligence she has received that Daniil is involved with an organised criminal group. She has extended his detention ‘until such a time as he can be charged. We are still gathering the evidence. But he is free to leave the country if he chooses.’

Advise Alice, ‘Prison People’ and Daniil.

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Test Format 

The MEE consists of six 30-minute questions. Areas of law that may be covered on the MEE include the following: Business Associations (Agency and Partnership; Corporations and Limited Liability Companies), Civil Procedure, Conflict of Laws, Constitutional Law, Contracts (including Article 2 [Sales] of the Uniform Commercial Code), Criminal Law and Procedure, Evidence, Family Law, Real Property, Torts, Trusts and Estates (Decedents' Estates; Trusts and Future Interests), and Article 9 (Secured Transactions) of the Uniform Commercial Code. Some questions may include issues in more than one area of law. The particular areas covered vary from exam to exam.  

Effective with the July 2026 bar exam, the following areas will no longer be tested on the MEE: Conflict of Laws, Family Law, Trusts and Estates, and Secured Transactions.

For instructions provided with each MEE, see  Instructions for Taking the MEE .

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constitutional law essay questions

PLEASE NOTE : These series contain multiple choice questions designed for law school exams . They are not intended for bar exam study, although they may still prove useful.

SERIES:   Questions & Answers: Multiple Choice and Short Answer Questions and Answers

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Siegel's Property: Essay and Multiple-Choice Questions and Answers

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The Landmark Case of Miranda V. Arizona: Redefining the Rights of the Accused

This essay about the landmark Supreme Court decision in Miranda v. Arizona outlines how it fundamentally altered police interrogation practices in the United States. It traces the origins of the case back to Ernesto Miranda, who was arrested in 1963 and convicted based on a confession obtained without being informed of his legal rights. The Supreme Court’s 1966 decision established the “Miranda rights,” requiring police to inform suspects of their rights to silence and legal counsel before questioning. The essay discusses the significant impact of this ruling on law enforcement and individual rights, emphasizing its role in balancing effective law enforcement with the protection of constitutional freedoms. The Miranda ruling is portrayed not only as a procedural necessity but as a crucial safeguard within the criminal justice system, continually relevant in legal discussions and cultural portrayals.

How it works

Back in 1966, a Supreme Court decision changed the way police handle suspects forever, establishing what we now know as the “Miranda rights.” This case, Miranda v. Arizona, has since become a cornerstone of law enforcement protocols, ensuring that anyone detained is aware of their rights before any questioning begins.

The drama unfolded with Ernesto Miranda, a man from Phoenix, arrested in 1963 under suspicion of kidnapping, rape, and robbery. After a police interrogation where he wasn’t informed about his right to stay silent or have an attorney, Miranda confessed.

This confession landed him a conviction, which seemed like the end of the road until questions about the legitimacy of his confession came into play. Did he truly understand what he was forfeiting when he spoke up?

His case escalated all the way to the Supreme Court, where the justices faced a pivotal question: Should the protections against self-incrimination in the Fifth Amendment apply during police interrogations? By a close margin, the Court said yes—police must inform suspects of their rights. This led to the creation of the Miranda warning, which includes the right to remain silent, the right to an attorney, and the promise that anything the suspect says can be used against them in court.

This ruling was a big deal because it aimed to cut down on the coercion that can happen in the heat of police questioning. It was a clear message: the path to justice shouldn’t bulldoze fundamental constitutional rights.

Despite initial resistance from some corners arguing that this would handcuff law enforcement, the Miranda rule has stood the test of time, embedding itself deeply into police procedure. It’s a safeguard that balances law enforcement’s needs with the preservation of individual liberties.

Miranda v. Arizona continues to resonate in today’s discussions about police powers and the rights of individuals under questioning. It’s not just a relic of the past; it’s a living, breathing part of legal debates and education, discussed in classrooms and depicted in media, reflecting its ingrained status in American consciousness.

In essence, Miranda v. Arizona isn’t merely a procedural step for police—it’s a fundamental protection that emphasizes the importance of informed consent in the justice process. It stands as a potent reminder of how legal frameworks are built to protect, not just prosecute. This case doesn’t just belong to law textbooks; it’s a chapter in the larger story of how America navigates the delicate balance between maintaining order and upholding freedom.

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The Landmark Case of Miranda v. Arizona: Redefining the Rights of the Accused. (2024, May 12). Retrieved from https://papersowl.com/examples/the-landmark-case-of-miranda-v-arizona-redefining-the-rights-of-the-accused/

"The Landmark Case of Miranda v. Arizona: Redefining the Rights of the Accused." PapersOwl.com , 12 May 2024, https://papersowl.com/examples/the-landmark-case-of-miranda-v-arizona-redefining-the-rights-of-the-accused/

PapersOwl.com. (2024). The Landmark Case of Miranda v. Arizona: Redefining the Rights of the Accused . [Online]. Available at: https://papersowl.com/examples/the-landmark-case-of-miranda-v-arizona-redefining-the-rights-of-the-accused/ [Accessed: 13 May. 2024]

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PapersOwl.com. (2024). The Landmark Case of Miranda v. Arizona: Redefining the Rights of the Accused . [Online]. Available at: https://papersowl.com/examples/the-landmark-case-of-miranda-v-arizona-redefining-the-rights-of-the-accused/ [Accessed: 13-May-2024]

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    Constitution by improperly commandeering states or by regulating state employers differently than private employers. However, the employee's federal court lawsuit is barred by the state agency's Eleventh Amendment immunity, the Act cannot abrogate that immunity. Point One (50%)

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    Out of the 175 scored questions on the Multistate Bar Exam ( MBE ®), there are approximately 25 Constitutional Law questions. The National Conference of Bar Examiners ( NCBE ®) breaks down Constitutional Law into four sub-topics on the MBE. The four subtopics of Constitutional Law on the bar exam include: individual rights, the nature of ...

  6. PDF California Bar Examination

    This publication contains the five essay questions from the February 2018 California Bar Examination and two selected answers for each question. The answers were assigned high grades and were written by applicants who passed the examination after one read. The answers were produced as submitted by the applicant, except that minor corrections in ...

  7. Constitutional Law

    Call Number: West Academic. ISBN: 0314276173. Publication Date: 2013. The topics discussed in this law student study outline are the powers of federal government, including judicial power, powers of Congress, Presidential power, foreign affairs power, and intergovernmental immunities.

  8. PDF Monterey College of Law

    CONSTITUTIONAL LAW MIDTERM EXAMINATION FALL 2020 CHELLE A. WELSH EPHEN WAGNER n. ZULFA EXAM INSTRUCTIONS This is a four - hour exam. There are two essay questions to be answered 111 lestions I and 2; Questions 3 consists of two shofi answer questions and 15 Multistate r Exam-type (MBE) questions. Each question will count for 1/3 of vour exam grade.

  9. Constitutional Law Essays

    Constitutional Law Essays. The essays below were written by students to help you with your own studies. If you are looking for help with your essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study. Law Essay Writing Service.

  10. PDF Essay Questions Selected Answers February 2005

    This publication contains the six essay questions from the February 2005 California Bar ... Constitutional Law 1 2. Contracts 11 3. Corporations 19 4. Professional Responsibility 26 5. Real Property 34 6. Trusts 41. 1 Question 1 ... state law do not conflict, the federal law may preempt the state law by occupy ing the field. ...

  11. PDF QUESTION 8

    DISCUSSION FOR QUESTION 5 The challenge to this law initially presents a commerce clause claim. A non-protectionist state law that incidentally burdens interstate commerce is constitutional provided it addresses a legitimate state concern and does not impose a burden on interstate commerce that clearly exceeds the safety benefits. Pike v.

  12. Constitutional Law Notes, Cases, and Past Papers

    Amenability. Past Papers & Questions. Essay Questions. 1. '[Judicial deference] has two distinct sources. The first is the constitutional principle of the separation of powers. The second is no more than a pragmatic view about the evidential value of certain judgments of the executive, whose force will vary according to the subject matter.'.

  13. Separation of Powers Under the Constitution

    Footnotes Jump to essay-1 The Federalist No. 48 (James Madison) ([T]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. Jump to essay-2 See id. No. 47 (James Madison) (explaining that the preservation of liberty ...

  14. Florida Board of Bar Examiners

    Part I of this publication contains the essay questions from the February 2017 and July 2017 Florida Bar Examinations and one selected answer for each question. The answers selected for this publication received high scores and were written by applicants who passed the examination. The answers are typed as submitted, except that grammatical ...

  15. MEE Sample Questions

    Test Format . The MEE consists of six 30-minute questions. Areas of law that may be covered on the MEE include the following: Business Associations (Agency and Partnership; Corporations and Limited Liability Companies), Civil Procedure, Conflict of Laws, Constitutional Law, Contracts (including Article 2 [Sales] of the Uniform Commercial Code), Criminal Law and Procedure, Evidence, Family Law ...

  16. 6. Ball Con Law Practice Exam Essay Questions

    PRACTICE EXAM QUESTIONS CONSTITUTIONAL LAW PROFESSOR BALL. Starting on the next page, you will find six practice exam questions. I suggest that you wait until after you have finished (or almost finished) reviewing the course materials and completing your outline before looking at the questions and attempting to answer some of them.

  17. Law School Exam Practice Questions & Answers

    PLEASE NOTE: These series contain multiple choice questions designed for law school exams.They are not intended for bar exam study, although they may still prove useful.. SERIES: Questions & Answers: Multiple Choice and Short Answer Questions and Answers Questions & Answers: Civil Procedure. Questions & Answers: Constitutional Law. Questions & Answers: Contracts

  18. Constitutional EXAM Essay

    In essence, the judges did not have the power to question the validity of legislation but the judges may change the law enacted by the Parliament through interpreting the law. For example, the Rent Act 1977 the judges eventually changed the meaning of the phrase "surviving spouse" to not only husband and wife but also same sex couple.

  19. The Landmark Case of Miranda v. Arizona: Redefining the Rights of the

    Essay Example: Back in 1966, a Supreme Court decision changed the way police handle suspects forever, establishing what we now know as the "Miranda rights." This case, Miranda v. Arizona, has since become a cornerstone of law enforcement protocols, ensuring that anyone detained is aware of their