Lecture One (Part 2): Constitutional Law & Professional Responsibility Foundations

This educational text, presented as a lecture, aims to prepare students for the bar exam by covering essential legal topics. It explores core concepts of Constitutional Law, focusing on federalism, the separation of powers, and individual rights such as due process and equal protection, referencing significant court cases. The lecture also provides an overview of Professional Responsibility, outlining ethical obligations for lawyers based on the ABA Model Rules, including conflicts of interest and confidentiality. Finally, it offers guidance on preparing for the Multistate Bar Examination (MBE) and Multistate Essay Examination (MEE) with sample questions and essay structures.

The legislative branch's primary function is to make laws.

The executive branch can check the legislative branch by using a Presidential Veto to reject laws passed by the legislature.

The Equal Protection Clause is an invaluable tool for groups that experience discrimination and states that no state shall deny to any person within its jurisdiction the equal protection of the laws.

One standard of review mentioned is Strict Scrutiny, Intermediate Scrutiny, or Rational Basis Review.

The Tenth Amendment reserves all powers not delegated to the federal government or denied to state governments to the states or the people, emphasizing state sovereignty.

Powers typically reserved for the states include education, public health, safety, transportation, and welfare, often referred to as "police powers."

Marbury v. Madison established the principle of judicial review.

Congress has directed Justices to comply with financial reporting requirements and limitations on the receipt of gifts and outside earned income.

The attorney-client privilege protects confidential communications between a lawyer and their client that relate to seeking legal advice or services.

The attorney-client privilege belongs to the client.