Information About the Constitutional Law Examination
There will be a three hour closed book examination.
The examination is a closed book examination because during the course
of the semester in Constitutional Law you will be studying a variety of
standards that govern the analysis of constitutional issues. These
standards are collectively referred to as standards of review. Over the
course of the semester, we will discuss why the Supreme Court has
chosen the particular standards that it has, whether these standards
signify searching, in-depth scrutiny of the constitutionality of
government action, casual, offhanded review, or something in between,
and how to apply these standards to concrete sets of facts. Given the
importance of these standards, you will be required to memorize the
various standards of review. A closed book exam is necessary in order
to test whether you have committed the standards to memory. However, I
should point out that while memorization is one of my goals, your
recitation of the appropriate standards will receive minimum credit in
the exam grading process. Many more points will be reserved for
thoroughly applying the appropriate standard to particular facts.
Obviously, in order to accomplish the task of thorough application of
the standards, you will have to know the standards themselves.
Philosophy of Exam Drafting
My philosophy of exam drafting can be summarized by
the phrase "test what you teach." In drafting my examination, I attempt
to accomplish several things. One, I want my exam to be a reasonable
test of the material covered during the semester. Toward this end, I
attempt to emphasize on the exam the same issues that were emphasized
during the course of the semester. If we dealt with an issue briefly,
it might be one issue in a question with several issues, but it would
not be the major issue in that question. Second, I attempt to balance
my exam questions so that there is not an overemphasis on issue
spotting. To accomplish this, I always include at least one question in
which I inform you what the issues are and ask you to discuss those
issues. Third, I try and make sure that the questions are realistic and
could occur in the real world. Fourth, the questions will usually ask
you to make the arguments that could be made on behalf of one or both
of the parties in the case and will not ask you to predict what result
the court will reach in the case.
Philosophy of Exam Grading
I use an exam grading system which assigns specific
numbers of points to particular issues. The total number of examination
points is often 150 points, though that number may vary from
examination to examination. In deciding how many points to assign to
each issue, I consider the amount that could be said about the
particular issue by a student who thoroughly described the applicable
legal standards and then thoroughly applied the relevant facts to those
standards, including all alternative analyses that might be
employed. The more that could be said, the more points will be
assigned. In each question, there will be some issues that should be
briefly considered because there are few uncertainties about the
relevant law and not many facts that apply to that particular issue and
other issues that are considerably more involved in both the law and
the facts and should be explored in greater depth. The first kind of
issue will be assigned many fewer possible points than the second kind
of issue. I do not deduct points for wrong
answers.