MEE Subject Guide
Constitutional Law on the MEE: What to Know and How to Practice
Constitutional Law is a high-frequency MEE subject that tests your ability to apply frameworks like levels of scrutiny and First Amendment doctrine to new fact patterns. Here is what to expect and how to prepare.
What the MEE Tests in Constitutional Law
Constitutional Law essays on the MEE typically involve government action that restricts individual rights or raises federalism concerns. The most heavily tested areas are the First Amendment (free speech, free exercise, establishment clause) and the Fourteenth Amendment (equal protection and due process).
Equal protection questions require you to identify the classification at issue (race, gender, age, or another category) and apply the correct level of scrutiny. Due process questions may test either substantive due process (fundamental rights, rational basis) or procedural due process (notice and hearing requirements). Knowing when each framework applies is critical.
The Commerce Clause and state action doctrine also appear regularly. Commerce Clause questions test whether Congress has the power to regulate a particular activity, while state action doctrine asks whether the Constitution applies at all to the actor in question. Dormant Commerce Clause issues, where a state law burdens interstate commerce, are a frequent testing target.
How to Approach a Constitutional Law Essay
Begin by identifying whether there is state action. If a private party is involved, you need to address whether the conduct qualifies as government action before reaching any substantive constitutional analysis. Next, identify the constitutional provision at issue. The facts will signal this: a law restricting speech points to the First Amendment; a law treating groups differently points to equal protection.
Once you have identified the provision, apply the correct framework. For equal protection, state the level of scrutiny and explain why it applies to the classification at issue. For free speech, determine whether the regulation is content-based or content-neutral, then apply the appropriate test. Graders reward methodical application of the framework to the specific facts. Do not skip steps or jump to a conclusion.
Frequently Asked Questions
Is Constitutional Law tested frequently on the MEE?
Yes. Constitutional Law is one of the most frequently tested subjects on the MEE. It appears on the majority of administrations, often raising First Amendment or Fourteenth Amendment issues in a single fact pattern.
What topics in Constitutional Law are most commonly tested on the MEE?
The most commonly tested topics are First Amendment freedoms (speech, religion), the Fourteenth Amendment (equal protection, due process), the Commerce Clause and federalism, and state action doctrine. Substantive due process and levels of scrutiny appear regularly.
How should I study Constitutional Law for the bar exam?
Focus on the framework of scrutiny levels (strict, intermediate, rational basis) and when each applies. Know the major First Amendment doctrines and equal protection classifications. Practice identifying which constitutional provision is at issue from a fact pattern and applying the correct test.