The MBE tests cruel and unusual punishment as part of the Criminal Law and Procedure curriculum. The same goes for self-incrimination and double jeopardy under the Fifth Amendment and the rights relating to criminal trials under the Sixth Amendment. The bar examiners don’t double-dip and test those topics in Con Law as well, so we won’t be covering them in this course.

Success on MBE Con Law questions often turns on whether you know the exact wording of the applicable rule. It’s worth the time and effort to memorize the rules that we emphasize in this course. It’s also critical to remember that the federal government is one of limited powers and to ask if a particular branch has been given the authority to act. The MBE particularly loves to ask about the sources of congressional power to enact certain statutes. Finally, the concept of tiers of scrutiny threads throughout Con Law, so pay attention to which tiers apply to which kinds of constitutional questions.