Constitutional Law

On the MBE, you will have 33 questions that cover
Constitutional Law. Approximately, 50% of the
questions will address Individual Rights. When
answering a Constitutional Law question, first
you must determine if you are dealing with a
federal statute or a state statute. Next, you
must analyze the validity of the federal
statute. All valid federal statutes are
rationally related to an enumerated power and
are necessary and proper to effectuate an
enumerated power. Please remember that there
is not a federal police power and only states
have police powers. However, Congress may use
the commerce power to act in a similar way,
such as prohibiting certain conduct.

A valid state power must be enacted within
the state government’s power, not violate the
U.S. Constitution, and not unduly burden
interstate commerce. State legislation enacted
under the state’s police powers should address
the morals, health, welfare, and safety of the
public.

Regarding the separation of powers, please
remember...

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