Скачать или смотреть MBE Constitutional Law Masterclass: Judicial Review Foundations.

This episode builds the structural foundation for MBE Constitutional Law by tying together judicial review, the Supremacy Clause, and constitutional hierarchy. It starts with Marbury’s core principle: courts have the power to interpret the Constitution and invalidate government action that conflicts with it, but only in real cases properly before the court—meaning judicial review is limited by Article III and justiciability rules like standing and the ban on advisory opinions. It then lays out the hierarchy you must apply on every conflict question: the U.S. Constitution is supreme, and valid federal law (statutes and treaties) overrides conflicting state constitutions and state statutes, but only after you ask the “federal-validity prerequisite” that the exam loves to hide—if the federal law is unconstitutional, it preempts nothing. The episode also explains how treaties fit into the system: treaties and federal statutes sit on the same supremacy level against state law, and when a treaty conflicts with a federal statute, the later-in-time rule controls domestically. Finally, it covers state-court authority and Supreme Court review, emphasizing that state courts can decide federal constitutional issues, but the U.S. Supreme Court cannot review a state judgment that rests on adequate and independent state-law grounds. The key takeaway is a repeatable conflict workflow: confirm the court can hear the case, verify federal validity first, apply supremacy only if the federal source is constitutional, and then choose the outcome dictated by the hierarchy.