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practice - Constitutional Law Professor Solum Practice...

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Constitutional Law Professor Solum Practice Questions Page 1 of 23
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Table of Contents I. USING THESE PRACTICE MATERIALS ............................................................................................ 3 II. PART I (MULTIPLE CHOICE QUESTIONS) .................................................................................... 4 III. PRACTICE ESSAY QUESTIONS ...................................................................................................... 12 A. P RACTICE E SSAY Q UESTION N UMBER 1 ................................................................................................. 12 B. P RACTICE E SSAY Q UESTION N UMBER 2 ................................................................................................. 13 C. P RACTICE E SSAY Q UESTION N UMBER 3 ................................................................................................. 14 D. P RACTICE E SSAY Q UESTION N UMBER 4 ................................................................................................. 15 E. P RACTICE E SSAY Q UESTION N UMBER 5 .................................................................................................. 16 F. P RACTICE E SSAY Q UESTION N UMBER 6 .................................................................................................. 18 Page 2 of 23
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I. Using These Practice Materials These practice materials are offered to assist you in studying for the final examination. Most of these questions are based on questions that I have given in prior years. You should know, however, that some topics that we will cover this semester were not covered in prior years, and that some topics covered in prior years will not be covered this semester. In addition, because the Supreme Court decides many new constitutional cases each term, some of these questions are out of date. Some of you may wish to begin using these practice materials over Spring Break. If you do this, remember that the semester is only a bit more than half complete. Many issues covered on the practice questions will, therefore, be completely unfamiliar to you. I strongly urge you to take practice questions under exam conditions. Allow 2 hours for an essay question. Allow 4 minutes per question for multiple-choice practice. After you take the practice questions under exam conditions, I strongly suggest that you meet with a class member to review your answers. I will review practice answers to the essay questions. Due to the usual end-of-semester time pressures, I may not be able to read and comment on practice answers that I receive after April 18 (one week before the end of class). To receive the maximum benefit from this review, please discuss the question and your answer with another member of the class before your scheduled meeting with me. My essay questions usually place you in a particular role, as an attorney or law clerk, for example. It is important that you address the question from that perspective. As a law clerk, you analysis should be objective. As an attorney, you may be called upon to take one side of a question (although you might also be called upon to right an objective memorandum). My essay questions frequently include an issue where you are asked to argue an unresolved issue of law. Such questions might involve an issue that is currently unresolved by the Supreme Court, or it might put you in the role of a clerk to a Supreme Court Justice, who is not bound by stare decisis and hence may vote to overrule existing Supreme Court precedent. When addressing such questions, it is important for you to combine your substantive analysis with attention to methods of constitutional interpretation. The constitutional text, structure, and history, as well as relevant arguments of policy, principle, and constitutional theory should be included in your answer.
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