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⚖️ Constitutional Law

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1st Amendment

RAPPS (R=Religion, A=Assembly, P=Petition, P=Press, S=Speech) — five 1st Amendment freedoms

Religion · Assembly · Press · Petition · Speech

The First Amendment protects five fundamental freedoms. RAPPS keeps them straight — Religion (free exercise + no establishment), Assembly, Press, Petition the government, and Speech. Most tested amendment on every law exam.

Religion

Two clauses: Free Exercise (can't punish religious practice) + Establishment (no state religion — Lemon test).

Assembly

Right to gather peacefully. Government may impose time/place/manner restrictions if content-neutral.

Press

No prior restraint on publication (NY Times v. US). Press has no greater rights than ordinary citizens.

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🃏 1st Amendment

RAPPS

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RAPPS (R=Religion, A=Assembly, P=Petition, P=Press, S=Speech) — five 1st Amendment freedoms

ReligionTwo clauses: Free Exercise (can't punish religious practice) + Establishment (no state religion — Lemon test).

AssemblyRight to gather peacefully. Government may impose time/place/manner restrictions if content-neutral.

PressNo prior restraint on publication (NY Times v. US). Press has no greater rights than ordinary citizens.

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Bill of Rights

1–10: Just Remember RABS · GCTS · PRP

Religion/Speech/Press/Assembly/Petition · Arms · Soldiers · Search&Seizure · Self-incrimination/Due Process · Jury (civil) · Cruel punishment · Reserved rights · States' rights

Amendments 1–10 are the Bill of Rights. Group them: 1 (five freedoms) · 2 (arms) · 3 (soldiers) · 4 (search & seizure) · 5 (self-incrimination, due process) · 6 (criminal jury) · 7 (civil jury) · 8 (cruel punishment) · 9 (unenumerated rights) · 10 (states).

1st

RAPPS — Religion, Assembly, Press, Petition, Speech.

2nd–3rd

2nd: Right to bear arms (Heller: individual right). 3rd: No quartering soldiers in peacetime — rarely litigated.

4th–5th

4th: Unreasonable searches & seizures; warrants need probable cause. 5th: Self-incrimination, double jeopardy, due process, takings.

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🃏 Bill of Rights

1–10: Just Remember RABS · GCTS · PRP

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1stRAPPS — Religion, Assembly, Press, Petition, Speech.

2nd–3rd2nd: Right to bear arms (Heller: individual right). 3rd: No quartering soldiers in peacetime — rarely litigated.

4th–5th4th: Unreasonable searches & seizures; warrants need probable cause. 5th: Self-incrimination, double jeopardy, due process, takings.

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Judicial Review

MARBURY (Marbury v. Madison, 1803) — the case establishing judicial review

Madison · Affirmed · Review · By · Under · Rule · Yes

Marbury v. Madison (1803) established judicial review — the Supreme Court's power to strike down laws that violate the Constitution. Chief Justice Marshall: "It is emphatically the province of the judicial department to say what the law is."

Facts

Adams appointed Marbury as justice of peace. Jefferson's Secretary of State Madison refused to deliver the commission.

Holding

SCOTUS held the Judiciary Act of 1789 unconstitutional — establishing the power to invalidate acts of Congress.

Significance

Judicial review is not in the Constitution's text — Marshall derived it from the Supremacy Clause and judicial role.

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🃏 Judicial Review

Judicial review — which case established it, and when?

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🃏 Answer

MARBURY (Marbury v. Madison, 1803) — the case establishing judicial review

FactsAdams appointed Marbury as justice of peace. Jefferson's Secretary of State Madison refused to deliver the commission.

HoldingSCOTUS held the Judiciary Act of 1789 unconstitutional — establishing the power to invalidate acts of Congress.

SignificanceJudicial review is not in the Constitution's text — Marshall derived it from the Supremacy Clause and judicial role.

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Equal Protection

RSI (R=Rational basis, S=Strict scrutiny, I=Intermediate scrutiny) — three levels of equal protection review

Rational basis · Strict scrutiny · Intermediate scrutiny

Courts use three levels of scrutiny to judge laws under the 14th Amendment's Equal Protection and Due Process clauses. RSI: Rational basis (easiest to survive) → Intermediate → Strict scrutiny (hardest — government almost always loses).

Rational Basis

Default standard. Law must be rationally related to a legitimate government interest. Very deferential — law almost always upheld.

Intermediate

Applies to gender, legitimacy. Law must be substantially related to an important government interest. Split outcomes.

Strict Scrutiny

Race, national origin, fundamental rights. Law must be narrowly tailored to a compelling government interest. Government usually loses.

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🃏 Equal Protection

RSI

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RSI (R=Rational basis, S=Strict scrutiny, I=Intermediate scrutiny) — three levels of equal protection review

Rational BasisDefault standard. Law must be rationally related to a legitimate government interest. Very deferential — law almost always upheld.

IntermediateApplies to gender, legitimacy. Law must be substantially related to an important government interest. Split outcomes.

Strict ScrutinyRace, national origin, fundamental rights. Law must be narrowly tailored to a compelling government interest. Government usually loses.

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14th Amendment

DEP (D=Due Process, E=Equal Protection, P=Privileges or Immunities) — the three clauses of the 14th Amendment Section 1

Due Process · Equal Protection · Privileges or Immunities

The 14th Amendment (1868, post-Civil War) is the most litigated amendment. DEP: Due Process (substantive + procedural) · Equal Protection (no discrimination without justification) · Privileges or Immunities (rarely used since Slaughterhouse Cases).

Due Process

Procedural: fair process before depriving life/liberty/property. Substantive: some rights so fundamental government can't infringe even with fair procedures.

Equal Protection

No state shall deny any person equal protection of the laws. Applies to states directly; applied to federal gov via 5th Amendment reverse incorporation.

Incorporation

14th Amendment selectively incorporates Bill of Rights to apply to states. Most rights now incorporated (not 3rd, 7th, 5th grand jury).

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🃏 14th Amendment

DEP

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DEP (D=Due Process, E=Equal Protection, P=Privileges or Immunities) — the three clauses of the 14th Amendment Section 1

Due ProcessProcedural: fair process before depriving life/liberty/property. Substantive: some rights so fundamental government can't infringe even with fair procedures.

Equal ProtectionNo state shall deny any person equal protection of the laws. Applies to states directly; applied to federal gov via 5th Amendment reverse incorporation.

Incorporation14th Amendment selectively incorporates Bill of Rights to apply to states. Most rights now incorporated (not 3rd, 7th, 5th grand jury).

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Commerce Clause

3 C's: Channels · Commodities · Connections

Channels of commerce · Commodities in commerce · Activities substantially affecting commerce

Article I §8 gives Congress power to regulate interstate commerce. After Lopez (1995), courts use the 3 C's to define limits: Congress can regulate the channels of commerce, instrumentalities/commodities moving in commerce, and activities with a substantial effect on commerce.

Channels

Highways, waterways, airways — the paths of commerce. Congress can regulate what moves through them.

Commodities

Persons, goods, and instrumentalities (trains, trucks) crossing state lines. Classic commerce power.

Substantial effect

Activities that substantially affect interstate commerce — even local activities (Wickard v. Filburn — wheat grown for home use).

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🃏 Commerce Clause

The Commerce Clause — the 3 C's?

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3 C's: Channels · Commodities · Connections

ChannelsHighways, waterways, airways — the paths of commerce. Congress can regulate what moves through them.

CommoditiesPersons, goods, and instrumentalities (trains, trucks) crossing state lines. Classic commerce power.

Substantial effectActivities that substantially affect interstate commerce — even local activities (Wickard v. Filburn — wheat grown for home use).

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Amendments 11–27

SIRE (11-14th Amendments) · VIP (15-17th) · PAID (18-21st) · WAR (22-27th) — mnemonic groups for amendments 11-27

Sovereign immunity · Income tax · Recall senators (direct election) · Electors for DC · Voting (18+, women, race) · Prohibition/Repeal · Age · Income · Direct election

After the Bill of Rights, 17 more amendments reshaped America. Key clusters: structural changes (11, 12, 17, 23, 25), Civil War/Reconstruction (13, 14, 15), Progressive Era (16, 17, 18, 19), and modern reforms (22, 24, 26, 27).

11–12

11th: Sovereign immunity — can't sue a state in federal court without consent. 12th: Separate ballots for President and VP.

13–15

Reconstruction amendments: 13th abolished slavery · 14th citizenship/due process/equal protection · 15th voting regardless of race.

16–19

Progressive Era: 16th income tax · 17th direct election of senators · 18th Prohibition · 19th women's right to vote.

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🃏 Amendments 11–27

Amendments 11–27 — SIRE · VIP · PAID · WAR

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SIRE (11-14th Amendments) · VIP (15-17th) · PAID (18-21st) · WAR (22-27th) — mnemonic groups for amendments 11-27

11–1211th: Sovereign immunity — can't sue a state in federal court without consent. 12th: Separate ballots for President and VP.

13–15Reconstruction amendments: 13th abolished slavery · 14th citizenship/due process/equal protection · 15th voting regardless of race.

16–19Progressive Era: 16th income tax · 17th direct election of senators · 18th Prohibition · 19th women's right to vote.

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4th Amendment

PACT (P=Probable cause, A=Arrest, C=Collection/searches, T=Third-party doctrine) — 4th Amendment framework

Probable cause · Authorized warrant · Curtilage protected · Terry stops allowed

The 4th Amendment prohibits unreasonable searches and seizures. PACT: police need Probable cause for a warrant, your home's curtilage is protected, but Terry v. Ohio allows brief investigatory stops on reasonable suspicion — lower than probable cause.

Probable cause

Reasonable belief that evidence of a crime will be found. Required for arrests and search warrants.

Warrant exceptions

Consent · Search incident to arrest · Plain view · Exigent circumstances · Automobile exception · Inventory search.

Exclusionary rule

Evidence obtained in violation of 4th Amendment is inadmissible (Mapp v. Ohio). Fruit of the poisonous tree doctrine extends this.

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🃏 4th Amendment

PACT

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PACT (P=Probable cause, A=Arrest, C=Collection/searches, T=Third-party doctrine) — 4th Amendment framework

Probable causeReasonable belief that evidence of a crime will be found. Required for arrests and search warrants.

Warrant exceptionsConsent · Search incident to arrest · Plain view · Exigent circumstances · Automobile exception · Inventory search.

Exclusionary ruleEvidence obtained in violation of 4th Amendment is inadmissible (Mapp v. Ohio). Fruit of the poisonous tree doctrine extends this.

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Landmark Cases

BIG 5: Marbury · McCulloch · Brown · Miranda · Roe (Roe was overruled by Dobbs v. Jackson, 2022)

Judicial review · Federal supremacy · Equal protection · 5th Amendment rights · Privacy/Due process

These five cases reshaped American constitutional law. Each established a principle still applied today: courts can strike laws (Marbury), federal law wins over state (McCulloch), segregation is unconstitutional (Brown), suspects must be warned (Miranda), and privacy is a fundamental right (Roe/Casey).

Marbury (1803)

Established judicial review. Courts can invalidate acts of Congress that violate the Constitution.

McCulloch (1819)

Federal law supremacy + implied powers. "Necessary and proper" clause broadly interpreted. States can't tax federal bank.

Brown (1954)

Separate but equal (Plessy v. Ferguson) overruled. Racial segregation in public schools violates Equal Protection.

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🃏 Landmark Cases

The five landmark Supreme Court cases to know?

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BIG 5: Marbury · McCulloch · Brown · Miranda · Roe (Roe was overruled by Dobbs v. Jackson, 2022)

Marbury (1803)Established judicial review. Courts can invalidate acts of Congress that violate the Constitution.

McCulloch (1819)Federal law supremacy + implied powers. "Necessary and proper" clause broadly interpreted. States can't tax federal bank.

Brown (1954)Separate but equal (Plessy v. Ferguson) overruled. Racial segregation in public schools violates Equal Protection.

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🎓 Common Exam Questions

Memory tricks for constitutional law

Memory Tricks