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9 sessions · ~111 minutes total · Listen in order for best results
This session delves into the foundational case of Marbury v. Madison, establishing the principle of judicial review. We will explore how the Supreme Court asserted its authority to declare laws unconstitutional and the ongoing implications of this power for the balance of powers in the federal government.
Explore the evolution of the Commerce Clause, from its early interpretations to its modern application. This track covers key cases that have defined the scope of Congress's power to regulate economic activity among the states, and the distinction between economic and non-economic activities.
This session focuses on the doctrine of substantive due process, which protects fundamental rights not explicitly listed in the Constitution. We will examine the development of this doctrine and its application to rights such as privacy, marriage, and procreation, analyzing landmark cases like Griswold v. Connecticut and Roe v. Wade.
Understand the core principles of free speech under the First Amendment. This track explains the critical distinction between content-based and content-neutral regulations of speech, the levels of scrutiny applied to each, and the categories of unprotected speech like incitement and defamation.
This session breaks down the Equal Protection Clause of the 14th Amendment. We will cover the three tiers of scrutiny—strict scrutiny, intermediate scrutiny, and rational basis review—and how they are applied to classifications based on race, gender, and other characteristics.
Delve into the Supremacy Clause and the doctrine of federal preemption. This track explains the different types of preemption—express, implied field, and implied conflict—and how courts determine whether a state law is unenforceable because it conflicts with federal law.
Explore the Establishment Clause of the First Amendment, which prevents the government from establishing a religion. This session covers the Lemon test and subsequent interpretations, analyzing cases involving prayer in schools, religious displays on public property, and government aid to religious institutions.
This track explains the state action doctrine, which holds that the Constitution's protections of individual rights apply only to government action, not private conduct. We will discuss the exceptions to this rule, such as the public function and entanglement exceptions, and analyze relevant case law.
Examine the scope of presidential power under Article II of the Constitution. This session covers the President's authority in areas such as executive orders, appointment and removal of officials, and foreign policy, as well as the checks on that power from Congress and the judiciary, including Justice Jackson's famous concurrence in Youngstown Sheet & Tube Co. v. Sawyer.
UBE Constitutional Law
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