1
00:00:00,160 --> 00:00:04,680
Lecture One Constitutional Law 
and Professional Responsibility 

2
00:00:04,680 --> 00:00:09,160
Foundations Expanded edition 
welcome students to our 

3
00:00:09,160 --> 00:00:13,040
comprehensive foundational 
lecture series, explicitly 

4
00:00:13,040 --> 00:00:16,200
designed to prepare you 
thoroughly for the complexities 

5
00:00:16,200 --> 00:00:20,600
and rigors of the bar exam. 
Today, we initiate our journey 

6
00:00:20,600 --> 00:00:25,480
by examining 2 crucial areas of 
the law, Constitutional law and 

7
00:00:25,480 --> 00:00:29,840
professional responsibility. 
Both subjects carry substantial 

8
00:00:29,840 --> 00:00:34,680
weight on the Multi State Bar 
Examination MBE and Multi State 

9
00:00:34,680 --> 00:00:40,000
Essay Examination Mee, thereby 
warranting meticulous attention 

10
00:00:40,000 --> 00:00:44,240
and deep understanding. 
This expanded lecture will not 

11
00:00:44,240 --> 00:00:48,800
only revisit the core concepts 
but also delve into the nuances 

12
00:00:48,880 --> 00:00:52,160
and historical contexts that 
have shaped these fields, 

13
00:00:52,360 --> 00:00:56,400
providing you with a more robust
and sophisticated understanding.

14
00:00:56,960 --> 00:01:00,800
Part 1. 
Constitutional Law We begin by 

15
00:01:00,800 --> 00:01:05,519
delving into constitutional law,
examining the bedrock principles

16
00:01:05,519 --> 00:01:07,680
that underpin our legal 
framework. 

17
00:01:08,200 --> 00:01:12,040
Our exploration will be more 
than a mere recitation of rules,

18
00:01:12,240 --> 00:01:16,280
it will be a deep dive into the 
historical, philosophical, and 

19
00:01:16,280 --> 00:01:19,360
practical dimensions of this 
fascinating subject. 

20
00:01:19,840 --> 00:01:22,840
Federalism. 
Powers of Federal and State 

21
00:01:22,840 --> 00:01:27,160
governments Federalism refers to
the division and balance of 

22
00:01:27,160 --> 00:01:30,960
powers between national and 
state governments. the US 

23
00:01:30,960 --> 00:01:34,240
Constitution specifically 
delineates these powers, 

24
00:01:34,400 --> 00:01:37,960
granting explicit authorities to
the federal government while 

25
00:01:37,960 --> 00:01:40,600
reserving residual powers for 
the states. 

26
00:01:41,080 --> 00:01:44,600
This dual system of government 
is one of the most innovative 

27
00:01:44,600 --> 00:01:48,000
aspects of the American 
political experiment, and 

28
00:01:48,000 --> 00:01:52,200
understanding its intricacies is
key to mastering constitutional 

29
00:01:52,200 --> 00:01:55,360
law. 
Article 1, Section 8 of the 

30
00:01:55,360 --> 00:02:00,560
Constitution clearly enumerates 
federal powers such as taxation,

31
00:02:00,840 --> 00:02:04,400
regulation of Interstate and 
international commerce, and 

32
00:02:04,400 --> 00:02:08,080
National Defense. 
These are often referred to as 

33
00:02:08,080 --> 00:02:12,440
the enumerated powers. 
Conversely, the 10th Amendment 

34
00:02:12,440 --> 00:02:16,720
explicitly reserves to states 
all powers not delegated to the 

35
00:02:16,720 --> 00:02:19,960
federal government, emphasizing 
state sovereignty. 

36
00:02:20,400 --> 00:02:24,600
This division enables states to 
manage local concerns like 

37
00:02:24,600 --> 00:02:28,880
education, public health, 
safety, transportation, and 

38
00:02:28,880 --> 00:02:31,400
welfare. 
These are often called the 

39
00:02:31,520 --> 00:02:35,640
police powers of the states. 
Notable Supreme Court cases 

40
00:02:35,720 --> 00:02:38,400
illustrate federalism principles
vividly. 

41
00:02:38,840 --> 00:02:43,520
In McCulloch versus, the Supreme
Court upheld federal supremacy, 

42
00:02:43,680 --> 00:02:47,800
emphasizing implied powers and 
preventing state interference 

43
00:02:47,800 --> 00:02:51,800
with federal institutions. 
The case involved a dispute over

44
00:02:51,800 --> 00:02:55,120
the National Bank, and the 
Court's decision, authored by 

45
00:02:55,120 --> 00:02:58,680
Chief Justice John Marshall, 
established 2 critical 

46
00:02:58,680 --> 00:03:02,960
principles, the doctrine of 
implied powers and the principle

47
00:03:02,960 --> 00:03:06,400
of national supremacy. 
Marshall argued that the 

48
00:03:06,400 --> 00:03:10,400
Necessary and Proper Clause of 
the Constitution gave Congress 

49
00:03:10,400 --> 00:03:13,560
the authority to create the 
bank, even though the power to 

50
00:03:13,560 --> 00:03:16,960
do so was not explicitly listed 
in the Constitution. 

51
00:03:17,440 --> 00:03:21,600
He famously wrote the power to 
tax involves the power to 

52
00:03:21,600 --> 00:03:26,000
destroy and Russ the states 
could not tax the National Bank.

53
00:03:26,440 --> 00:03:30,440
This case was a landmark victory
for the federal government and 

54
00:03:30,440 --> 00:03:34,000
has been a cornerstone of 
constitutional law ever since. 

55
00:03:34,520 --> 00:03:38,480
Similarly, in Gibbons versus 
Ogden, the Court clarified 

56
00:03:38,480 --> 00:03:42,120
federal authority under the 
Commerce Clause, reinforcing 

57
00:03:42,120 --> 00:03:45,960
expansive federal power in 
regulating Interstate commerce. 

58
00:03:46,440 --> 00:03:50,360
The case involved a dispute over
a state granted monopoly on 

59
00:03:50,360 --> 00:03:54,120
Steamboat operation in New York 
waters, which conflicted with a 

60
00:03:54,120 --> 00:03:57,600
federal license. 
Chief Justice Marshall, again 

61
00:03:57,600 --> 00:04:01,280
writing for the court, defined 
commerce in broad terms, 

62
00:04:01,400 --> 00:04:05,000
including not just the buying 
and selling of goods but also 

63
00:04:05,000 --> 00:04:08,200
navigation. 
He also held that the power of 

64
00:04:08,200 --> 00:04:12,720
Congress to regulate Interstate 
commerce was plenary, meaning it

65
00:04:12,720 --> 00:04:16,959
was complete and absolute. 
This decision had a profound 

66
00:04:16,959 --> 00:04:19,640
impact on the economic 
development of the United 

67
00:04:19,640 --> 00:04:22,600
States, as it prevented the 
states from erecting 

68
00:04:22,600 --> 00:04:26,760
protectionist barriers to trade 
and created a truly national 

69
00:04:26,760 --> 00:04:29,600
market. 
However, the balance of power 

70
00:04:29,600 --> 00:04:32,840
between the federal government 
and the states has not always 

71
00:04:32,840 --> 00:04:35,960
been so clear cut. 
Throughout American history, 

72
00:04:35,960 --> 00:04:39,400
there have been periods of both 
expanding and contracting 

73
00:04:39,400 --> 00:04:42,760
federal power. 
For example, during the New Deal

74
00:04:42,760 --> 00:04:47,120
era of the 1930's, the Supreme 
same court initially struck down

75
00:04:47,120 --> 00:04:50,440
several of President Franklin D 
Roosevelt's key legislative 

76
00:04:50,440 --> 00:04:53,520
initiatives, arguing that they 
exceeded the scope of the 

77
00:04:53,520 --> 00:04:56,520
Commerce Clause. 
However, after Roosevelt 

78
00:04:56,520 --> 00:04:59,800
threatened to pack the Court 
with new justices, the Court 

79
00:04:59,800 --> 00:05:03,960
began to take a more expansive 
view of federal power, upholding

80
00:05:03,960 --> 00:05:06,520
a wide range of economic 
regulations. 

81
00:05:07,040 --> 00:05:10,880
This shift in jurisprudence, 
often referred to as the switch 

82
00:05:10,880 --> 00:05:15,000
in time that Saved 9, had a 
lasting impact on the balance of

83
00:05:15,000 --> 00:05:17,800
power between the federal 
government and the states. 

84
00:05:18,320 --> 00:05:21,280
In more recent years, the 
Supreme Court has shown a 

85
00:05:21,280 --> 00:05:23,920
renewed interest in protecting 
states rights. 

86
00:05:24,320 --> 00:05:27,480
For example, in United States 
versus Lopez. 

87
00:05:27,480 --> 00:05:32,600
Separation of powers Doctrine to
prevent tyranny and abuse, the 

88
00:05:32,600 --> 00:05:36,720
Constitution establishes A 
robust separation of powers 

89
00:05:36,720 --> 00:05:40,760
doctrine, distributing 
governmental authority across 3 

90
00:05:40,760 --> 00:05:45,160
distinct branches, legislative, 
executive, and judicial. 

91
00:05:45,760 --> 00:05:49,520
This system of checks and 
balances is designed to ensure 

92
00:05:49,520 --> 00:05:52,440
that no single branch becomes 
too powerful. 

93
00:05:52,960 --> 00:05:57,200
The legislative branch, embodied
by Congress, holds lawmaking 

94
00:05:57,200 --> 00:06:00,520
power, with the House of 
Representatives and the Senate 

95
00:06:00,520 --> 00:06:04,600
crafting legislation. 
The executive branch, led by the

96
00:06:04,600 --> 00:06:07,920
president, administers and 
enforces these laws. 

97
00:06:08,320 --> 00:06:13,000
Finally, the judiciary, headed 
by the Supreme Court, interprets

98
00:06:13,000 --> 00:06:17,240
the laws, adjudicates disputes, 
and ensures constitutional 

99
00:06:17,240 --> 00:06:20,800
compliance. 
Landmark rulings like Marbury 

100
00:06:20,800 --> 00:06:24,400
versus Madison firmly 
established judicial review, 

101
00:06:24,640 --> 00:06:28,640
empowering courts to invalidate 
legislative and executive 

102
00:06:28,640 --> 00:06:31,240
actions conflicting with the 
Constitution. 

103
00:06:31,680 --> 00:06:35,440
The case arose from a political 
dispute following the election 

104
00:06:35,440 --> 00:06:40,720
of 1800, in which Thomas 
Jefferson defeated John Adams In

105
00:06:40,720 --> 00:06:42,720
the final days of his 
presidency. 

106
00:06:42,920 --> 00:06:46,400
Adams appointed several new 
judges, including William 

107
00:06:46,400 --> 00:06:49,320
Marbury. 
However, when Jefferson took 

108
00:06:49,320 --> 00:06:53,440
office, his Secretary of State, 
James Madison, refused to 

109
00:06:53,440 --> 00:06:58,160
deliver Marbury's Commission. 
Marbury sued, asking the Supreme

110
00:06:58,160 --> 00:07:01,880
Court to issue a writ of 
mandamus ordering Madison to 

111
00:07:01,920 --> 00:07:05,600
deliver the Commission. 
In a brilliant and strategic 

112
00:07:05,600 --> 00:07:09,320
decision, Chief Justice John 
Marshall, writing for the court,

113
00:07:09,600 --> 00:07:13,320
held that while Marbury was 
entitled to his Commission, the 

114
00:07:13,320 --> 00:07:16,760
Supreme Court did not have the 
authority to issue the writ of 

115
00:07:16,760 --> 00:07:19,320
mandamus. 
Marshall reasoned that the 

116
00:07:19,320 --> 00:07:23,840
section of the Judiciary Act of 
1789 that gave the Court the 

117
00:07:23,840 --> 00:07:28,080
power to issue such writs was 
unconstitutional because it 

118
00:07:28,080 --> 00:07:31,760
expanded the courts original 
jurisdiction beyond what was 

119
00:07:31,760 --> 00:07:35,880
specified in the Constitution. 
In so doing, Marshall 

120
00:07:35,880 --> 00:07:39,360
established the principle of 
judicial review, which is the 

121
00:07:39,360 --> 00:07:43,080
power of the courts to declare 
laws and actions of the other 

122
00:07:43,080 --> 00:07:46,080
two branches of government 
unconstitutional. 

123
00:07:46,520 --> 00:07:50,280
This power is not explicitly 
mentioned in the Constitution, 

124
00:07:50,520 --> 00:07:54,560
but it has become a cornerstone 
of American constitutional law. 

125
00:07:55,320 --> 00:07:59,160
The separation of powers is not 
just a theoretical concept. 

126
00:07:59,320 --> 00:08:02,720
It has real world implications 
for how our government 

127
00:08:02,720 --> 00:08:05,640
functions. 
For example, the president has 

128
00:08:05,640 --> 00:08:10,400
the power to veto legislation 
passed by Congress, but Congress

129
00:08:10,400 --> 00:08:14,160
can override A veto with a 2/3 
vote in both houses. 

130
00:08:14,680 --> 00:08:17,640
The Senate has the power to 
confirm or reject the 

131
00:08:17,640 --> 00:08:20,760
president's appointments to the 
Cabinet and the judiciary. 

132
00:08:21,280 --> 00:08:24,680
The courts can declare laws 
passed by Congress and signed by

133
00:08:24,680 --> 00:08:27,280
the president to be 
unconstitutional. 

134
00:08:27,680 --> 00:08:31,720
These are just a few examples of
the many ways in which the three

135
00:08:31,720 --> 00:08:35,520
branches of government interact 
and check each other's power, 

136
00:08:36,240 --> 00:08:40,559
individual rights, due process, 
equal protection, and the 

137
00:08:40,559 --> 00:08:44,280
Commerce Clause. 
A comprehensive understanding of

138
00:08:44,280 --> 00:08:48,400
individual rights is vital for 
constitutional law proficiency, 

139
00:08:48,560 --> 00:08:52,240
as these rights frequently 
emerge in bar exam scenarios. 

140
00:08:52,760 --> 00:08:55,480
The Bill of Rights, which 
consists of the 1st 10 

141
00:08:55,480 --> 00:08:59,000
amendments to the Constitution, 
is the primary source of our 

142
00:08:59,000 --> 00:09:02,800
individual liberties. 
However, the 14th Amendment, 

143
00:09:02,800 --> 00:09:06,240
which was ratified after the 
Civil War, has also been 

144
00:09:06,240 --> 00:09:09,600
instrumental in protecting our 
rights from infringement by 

145
00:09:09,600 --> 00:09:14,360
state governments. 
Due Process The 5th and 14th 

146
00:09:14,360 --> 00:09:18,080
Amendments provide due process 
protections prohibiting 

147
00:09:18,080 --> 00:09:22,560
government actions that deprive 
individuals of life, liberty, or

148
00:09:22,560 --> 00:09:25,120
property without due process of 
law. 

149
00:09:25,680 --> 00:09:29,280
There are two types of due 
process, procedural and 

150
00:09:29,280 --> 00:09:33,040
substantive. 
Procedural due process requires 

151
00:09:33,040 --> 00:09:37,280
fair notice and an opportunity 
to be heard, as exemplified by 

152
00:09:37,280 --> 00:09:41,080
Goldberg versus Kelly. 
The case involved the challenge 

153
00:09:41,080 --> 00:09:44,360
to the termination of welfare 
benefits without a pre 

154
00:09:44,360 --> 00:09:47,480
termination hearing. 
The Supreme Court held that 

155
00:09:47,480 --> 00:09:51,640
procedural due process required 
that welfare recipients be given

156
00:09:51,640 --> 00:09:54,800
a hearing before their benefits 
could be terminated. 

157
00:09:55,280 --> 00:09:59,360
This case is a landmark decision
in the area of procedural due 

158
00:09:59,360 --> 00:10:03,280
process and has been cited in 
countless cases involving the 

159
00:10:03,280 --> 00:10:05,760
rights of individuals to a fair 
hearing. 

160
00:10:06,280 --> 00:10:10,360
Substantive due process protect 
fundamental liberties against 

161
00:10:10,360 --> 00:10:14,400
unjust governmental intrusion, 
highlighted in cases like Roe 

162
00:10:14,400 --> 00:10:18,120
versus Wade privacy and 
Obergefell versus Hodges 

163
00:10:18,160 --> 00:10:21,680
marriage equality. 
Substantive due process is a 

164
00:10:21,680 --> 00:10:24,680
more controversial area of 
constitutional law than 

165
00:10:24,680 --> 00:10:28,360
procedural due process, as it 
involves the courts making 

166
00:10:28,360 --> 00:10:32,240
judgments about which rights are
fundamental and thus deserving 

167
00:10:32,240 --> 00:10:36,080
of special protection. 
In Roe versus Wade, the Supreme 

168
00:10:36,080 --> 00:10:39,840
Court held that a woman's right 
to an abortion was a fundamental

169
00:10:39,840 --> 00:10:43,120
right protected by the Due 
Process Clause of the 14th 

170
00:10:43,120 --> 00:10:45,360
Amendment. 
The court reasoned that the 

171
00:10:45,360 --> 00:10:49,040
right to privacy, which it had 
previously recognized in cases 

172
00:10:49,040 --> 00:10:52,280
like Griswold versus 
Connecticut, was broad enough to

173
00:10:52,280 --> 00:10:56,200
encompass a woman's decision 
whether or The court reasoned 

174
00:10:56,200 --> 00:10:59,880
that the right to privacy, which
it had previously recognized in 

175
00:10:59,880 --> 00:11:03,640
cases like Griswold versus 
Connecticut, was broad enough to

176
00:11:03,640 --> 00:11:07,360
encompass a woman's decision 
whether or not to terminate her 

177
00:11:07,360 --> 00:11:10,800
pregnancy. 
The decision in Roe versus Wade 

178
00:11:10,880 --> 00:11:13,840
was one of the most 
controversial in the history of 

179
00:11:13,840 --> 00:11:17,240
the Supreme Court, and it has 
been the subject of intense 

180
00:11:17,240 --> 00:11:22,160
political debate ever since. 
In 2022, the Supreme Court 

181
00:11:22,160 --> 00:11:25,960
overturned Roe versus Wade in 
Dobbs versus Jackson Women's 

182
00:11:25,960 --> 00:11:29,960
Health Organization, holding 
that the Constitution does not 

183
00:11:29,960 --> 00:11:34,480
confer a right to abortion. 
This decision has had a profound

184
00:11:34,480 --> 00:11:38,000
impact on the legal landscape of
abortion rights in the United 

185
00:11:38,000 --> 00:11:41,360
States. 
In Obergefel versus Hodges, the 

186
00:11:41,360 --> 00:11:44,800
Supreme Court held that the 
right to marry is a fundamental 

187
00:11:44,800 --> 00:11:47,520
right that extends to same sex 
couples. 

188
00:11:48,040 --> 00:11:51,400
The Court reasoned that the Due 
Process Clause of the 14th 

189
00:11:51,400 --> 00:11:55,200
Amendment protects the right to 
personal choice regarding 

190
00:11:55,200 --> 00:11:58,920
marriage and that this right 
cannot be denied to same sex 

191
00:11:58,920 --> 00:12:01,760
couples without violating the 
Constitution. 

192
00:12:02,320 --> 00:12:06,520
The decision in Obergefel versus
Hodges was a landmark victory 

193
00:12:06,520 --> 00:12:11,160
for LGBTQ plus rights, and it 
has had a transformative impact 

194
00:12:11,160 --> 00:12:14,400
on the lives of same sex couples
across the country. 

195
00:12:14,720 --> 00:12:18,720
Equal Protection The Equal 
Protection Clause of the 14th 

196
00:12:18,720 --> 00:12:22,960
Amendment mandates governmental 
impartiality, prohibiting 

197
00:12:22,960 --> 00:12:26,080
arbitrary or discriminatory 
treatment among different 

198
00:12:26,080 --> 00:12:28,840
groups. 
The clause provides that no 

199
00:12:28,840 --> 00:12:33,320
state shall deny to any person 
within its jurisdiction the 

200
00:12:33,320 --> 00:12:37,440
equal protection of the laws. 
The Supreme Court has developed 

201
00:12:37,440 --> 00:12:40,840
a three tiered system of 
scrutiny for analyzing equal 

202
00:12:40,840 --> 00:12:44,920
protection claims. 
Rational basis review This is 

203
00:12:44,920 --> 00:12:47,680
the lowest level of scrutiny, 
and it is applied to 

204
00:12:47,680 --> 00:12:51,560
classifications that do not 
involve A suspect class or a 

205
00:12:51,560 --> 00:12:55,160
fundamental right. 
Under rational basis review, a 

206
00:12:55,160 --> 00:12:58,640
law will be upheld if it is 
rationally related to a 

207
00:12:58,640 --> 00:13:02,240
legitimate government interest. 
Most laws are subject to 

208
00:13:02,240 --> 00:13:05,760
rational basis review, and most 
laws are upheld under this 

209
00:13:05,760 --> 00:13:09,320
standard. 
Intermediate scrutiny This is 

210
00:13:09,320 --> 00:13:13,040
the middle level of scrutiny and
it is applied to classifications

211
00:13:13,080 --> 00:13:15,480
based on gender and 
illegitimacy. 

212
00:13:15,960 --> 00:13:19,720
Under intermediate scrutiny, a 
law will be upheld if it is 

213
00:13:19,720 --> 00:13:23,120
substantially related to an 
important government interest. 

214
00:13:23,680 --> 00:13:26,800
Strict scrutiny. 
This is the highest level of 

215
00:13:26,800 --> 00:13:30,680
scrutiny, and it is applied to 
classifications based on race, 

216
00:13:30,800 --> 00:13:35,200
national origin, and alienage, 
as well to laws that infringe 

217
00:13:35,200 --> 00:13:39,160
upon fundamental rights. 
Under strict scrutiny, a law 

218
00:13:39,160 --> 00:13:42,760
will be upheld only if it is 
necessary to achieve a 

219
00:13:42,760 --> 00:13:46,440
compelling government interest 
and is narrowly tailored to 

220
00:13:46,440 --> 00:13:50,080
achieve that interest. 
Brown versus Board of Education 

221
00:13:50,080 --> 00:13:53,560
exemplifies the application of 
strict scrutiny to racial 

222
00:13:53,560 --> 00:13:57,480
discrimination, dismantling 
segregated education systems. 

223
00:13:58,000 --> 00:14:02,040
In that case, the Supreme Court 
held that separate but equal was

224
00:14:02,040 --> 00:14:06,080
inherently unequal and that 
segregated schools violated the 

225
00:14:06,080 --> 00:14:08,840
Equal Protection Clause of the 
14th Amendment. 

226
00:14:09,400 --> 00:14:12,680
The decision in Brown versus 
Board of Education was a 

227
00:14:12,680 --> 00:14:16,040
landmark victory for the civil 
rights movement, and it has had 

228
00:14:16,040 --> 00:14:18,840
a profound impact on American 
Society. 

229
00:14:19,480 --> 00:14:22,960
Intermediate scrutiny, as 
demonstrated in Craig versus 

230
00:14:22,960 --> 00:14:26,920
Boren, addresses gender 
discrimination and ensures equal

231
00:14:26,920 --> 00:14:28,960
treatment irrespective of 
gender. 

232
00:14:29,440 --> 00:14:33,720
In that case, the Supreme Court 
struck down an Oklahoma law that

233
00:14:33,720 --> 00:14:38,760
allowed women to buy beer at age
18 but required men to be 21. 

234
00:14:39,200 --> 00:14:42,720
The Court held that the law was 
not substantially related to the

235
00:14:42,720 --> 00:14:46,400
state's interest in Traffic 
Safety and thus it violated the 

236
00:14:46,400 --> 00:14:50,320
Equal Protection Clause. 
The case is a key example of the

237
00:14:50,320 --> 00:14:53,680
application of intermediate 
scrutiny to gender based 

238
00:14:53,680 --> 00:14:57,520
classifications. 
Commerce Clause The Commerce 

239
00:14:57,520 --> 00:15:00,680
Clause empowers Congress to 
regulate activities 

240
00:15:00,680 --> 00:15:03,520
significantly affecting 
Interstate commerce. 

241
00:15:04,120 --> 00:15:07,280
Judicial interpretations have 
substantially broadened this 

242
00:15:07,280 --> 00:15:09,800
power. 
Wickard versus Filburn 

243
00:15:09,800 --> 00:15:13,280
illustrates expansive 
interpretation allowing federal 

244
00:15:13,280 --> 00:15:17,640
regulation of even intrastate 
activities impacting Interstate 

245
00:15:17,640 --> 00:15:20,680
commerce. 
In that case, the Supreme Court 

246
00:15:20,680 --> 00:15:24,000
upheld a federal law that 
limited the amount of wheat that

247
00:15:24,000 --> 00:15:27,480
a farmer could grow, even though
the farmer intended to consume 

248
00:15:27,480 --> 00:15:30,720
the wheat himself and not sell 
it in Interstate commerce. 

249
00:15:31,360 --> 00:15:34,360
The case is a high watermark for
the courts expansive 

250
00:15:34,360 --> 00:15:37,160
interpretation of the Commerce 
Clause, and it has been the 

251
00:15:37,160 --> 00:15:39,560
subject of much debate and 
criticism. 

252
00:15:40,080 --> 00:15:43,920
Additionally, Heart of Atlanta 
Motel versus United States 

253
00:15:44,120 --> 00:15:48,000
demonstrated Congress's power to
prohibit racial discrimination 

254
00:15:48,080 --> 00:15:51,040
in public accommodations, 
grounding civil rights 

255
00:15:51,040 --> 00:15:53,760
protections firmly within 
Interstate commerce 

256
00:15:53,760 --> 00:15:56,720
jurisdiction. 
The case involved a challenge to

257
00:15:56,720 --> 00:16:01,080
the Civil Rights Act of 1964, 
which prohibited discrimination 

258
00:16:01,080 --> 00:16:03,000
in places of public 
accommodation. 

259
00:16:03,320 --> 00:16:06,240
The Supreme Court upheld the 
law, reasoning that 

260
00:16:06,240 --> 00:16:10,320
discrimination in hotels and 
motels had a substantial effect 

261
00:16:10,320 --> 00:16:13,960
on Interstate commerce, as it 
discouraged African Americans 

262
00:16:13,960 --> 00:16:17,120
from traveling. 
The case is a key example of how

263
00:16:17,120 --> 00:16:20,760
the Commerce Clause can be used 
to achieve social as well as 

264
00:16:20,760 --> 00:16:22,880
economic goals. 
Part 2. 

265
00:16:23,200 --> 00:16:27,200
Professional Responsibility 
transitioning to ethical 

266
00:16:27,200 --> 00:16:31,560
obligations we explore the legal
professions core principles that

267
00:16:31,560 --> 00:16:34,640
dictate professional conduct and
responsibility. 

268
00:16:35,200 --> 00:16:38,600
This section will provide you 
with a detailed understanding of

269
00:16:38,600 --> 00:16:42,120
the rules that govern your 
conduct as a lawyer and the 

270
00:16:42,120 --> 00:16:44,680
ethical dilemmas you may face in
practice. 

271
00:16:45,520 --> 00:16:51,000
ABA Model Rules of Professional 
Conduct Overview The ABA Model 

272
00:16:51,000 --> 00:16:54,480
Rules of Professional Conduct 
serve as the foundational 

273
00:16:54,480 --> 00:16:57,440
ethical standards governing 
attorneys conduct toward 

274
00:16:57,440 --> 00:17:00,600
clients, courts, and the broader
legal profession. 

275
00:17:01,200 --> 00:17:04,400
Lawyers must consistently 
demonstrate competence, 

276
00:17:04,560 --> 00:17:07,400
diligence, honesty, and 
integrity. 

277
00:17:07,960 --> 00:17:12,040
State Bar associations commonly 
adopt these rules, making them 

278
00:17:12,040 --> 00:17:16,200
binding Professional conduct 
Guidelines It is important to 

279
00:17:16,200 --> 00:17:20,119
note that the ABA model rules 
are not binding on their own. 

280
00:17:20,440 --> 00:17:23,200
They are only binding to the 
extent that they have been 

281
00:17:23,200 --> 00:17:25,960
adopted by the state in which 
you are practicing. 

282
00:17:26,480 --> 00:17:29,920
However, most states have 
adopted the model rules in some 

283
00:17:29,920 --> 00:17:33,480
form, so it is essential to have
a thorough understanding of 

284
00:17:33,480 --> 00:17:37,240
them. 
Key Ethics Topics Conflicts of 

285
00:17:37,240 --> 00:17:41,640
Interest Attorneys must 
vigilantly avoid situations 

286
00:17:41,640 --> 00:17:45,520
creating conflicts of interest. 
Such conflicts occur when 

287
00:17:45,520 --> 00:17:49,440
personal interests compromise 
professional judgment or when 

288
00:17:49,440 --> 00:17:53,400
the representation of one client
negatively impacts another 

289
00:17:53,400 --> 00:17:56,520
client's interests. 
Although informed written 

290
00:17:56,520 --> 00:18:00,800
consent may sometimes address 
conflicts, lawyers must remain 

291
00:18:00,800 --> 00:18:04,960
alert to potential ethical 
pitfalls and diligently document

292
00:18:04,960 --> 00:18:09,480
client consent comprehensively. 
There are two main types of 

293
00:18:09,480 --> 00:18:12,800
conflicts of interest, 
concurrent conflicts and 

294
00:18:12,800 --> 00:18:16,320
successive conflicts. 
A concurrent conflict of 

295
00:18:16,320 --> 00:18:19,720
interest exists when the 
representation of one client 

296
00:18:19,720 --> 00:18:23,880
will be directly adverse to 
another client or when there is 

297
00:18:23,880 --> 00:18:27,400
a significant risk that the 
representation of one or more 

298
00:18:27,400 --> 00:18:30,640
clients will be materially 
limited by the lawyer's 

299
00:18:30,640 --> 00:18:34,720
responsibilities to another 
client, a former client, or a 

300
00:18:34,720 --> 00:18:38,480
third person, or by a personal 
interest of the lawyer. 

301
00:18:39,120 --> 00:18:42,400
A successive conflict of 
interest exists when a lawyer 

302
00:18:42,400 --> 00:18:45,600
represents a client in a matter 
that is the same or 

303
00:18:45,600 --> 00:18:48,600
substantially related to a 
matter in which the lawyer 

304
00:18:48,600 --> 00:18:52,520
formerly represented another 
client and the interests of the 

305
00:18:52,520 --> 00:18:56,080
current client are materially 
adverse to the interests of the 

306
00:18:56,080 --> 00:18:58,960
former client. 
The rules on conflicts of 

307
00:18:58,960 --> 00:19:02,720
interest are complex and 
nuanced, and it is essential to 

308
00:19:02,720 --> 00:19:04,640
have a thorough understanding of
them. 

309
00:19:05,240 --> 00:19:08,920
When in doubt, it is always best
to err on the side of caution 

310
00:19:09,080 --> 00:19:12,880
and to seek guidance from a more
experienced attorney or from the

311
00:19:12,880 --> 00:19:16,880
state bars Ethics Hotline 
Confidentiality. 

312
00:19:17,480 --> 00:19:21,320
Lawyers must strictly maintain 
client confidentiality, 

313
00:19:21,640 --> 00:19:25,360
protecting all information 
obtained during representation. 

314
00:19:25,960 --> 00:19:29,440
This duty is one of the most 
important duties that a lawyer 

315
00:19:29,440 --> 00:19:33,000
owes to a client, and it is 
essential to the development of 

316
00:19:33,000 --> 00:19:36,520
a relationship of trust and 
confidence between the lawyer 

317
00:19:36,560 --> 00:19:39,360
and the client. 
Limited exceptions to 

318
00:19:39,360 --> 00:19:44,440
confidentiality exist, including
disclosure necessary to prevent 

319
00:19:44,440 --> 00:19:48,800
imminent harm, death, or severe 
injury, or when the client 

320
00:19:48,800 --> 00:19:51,080
explicitly consents to 
disclosure. 

321
00:19:51,880 --> 00:19:55,400
It is important to note that the
duty of confidentiality is 

322
00:19:55,400 --> 00:19:57,640
broader than the attorney-client
privilege. 

323
00:19:58,120 --> 00:20:01,680
The attorney-client privilege 
only protects communications 

324
00:20:01,680 --> 00:20:04,520
between the lawyer and the 
client that are made for the 

325
00:20:04,520 --> 00:20:06,640
purpose of obtaining legal 
advice. 

326
00:20:07,120 --> 00:20:10,880
The duty of confidentiality, on 
the other hand, protects all 

327
00:20:10,880 --> 00:20:14,200
information relating to the 
representation of a client, 

328
00:20:14,400 --> 00:20:18,320
regardless of its source. 
Attorney-client privilege. 

329
00:20:18,920 --> 00:20:21,800
The attorney-client privilege 
specifically protects 

330
00:20:21,800 --> 00:20:25,280
confidential communications 
between attorneys and clients 

331
00:20:25,440 --> 00:20:27,760
intended for obtaining legal 
advice. 

332
00:20:28,320 --> 00:20:33,040
This privilege ensures open, 
candid communication fundamental

333
00:20:33,040 --> 00:20:35,200
to effective legal 
representation. 

334
00:20:35,760 --> 00:20:39,320
The privilege is narrower than 
confidentiality, protecting 

335
00:20:39,320 --> 00:20:42,960
specific communications rather 
than the broader information 

336
00:20:42,960 --> 00:20:47,040
gathered during representation. 
The attorney-client privilege is

337
00:20:47,040 --> 00:20:51,480
not absolute, it can be waived 
by the client, and it does not 

338
00:20:51,480 --> 00:20:55,240
apply to communications that are
made in furtherance of a crime 

339
00:20:55,240 --> 00:20:58,320
or fraud. 
It is important to be familiar 

340
00:20:58,320 --> 00:21:01,080
with the scope of the 
attorney-client privilege and 

341
00:21:01,080 --> 00:21:04,360
the exceptions to it, as a 
breach of the privilege can have

342
00:21:04,360 --> 00:21:08,040
serious consequences for both 
the lawyer and the client. 

343
00:21:08,720 --> 00:21:13,680
MBE Multiple Choice drills 
Practicing with MBE style 

344
00:21:13,680 --> 00:21:16,960
questions significantly 
reinforces your grasp of 

345
00:21:17,000 --> 00:21:20,640
intricate legal principles. 
These questions typically 

346
00:21:20,640 --> 00:21:24,640
present detailed fact patterns 
requiring identification of 

347
00:21:24,640 --> 00:21:28,560
applicable legal doctrines and 
selection of the most accurate 

348
00:21:28,560 --> 00:21:33,160
legal conclusion. 
Sample MBE Question 1A State 

349
00:21:33,160 --> 00:21:37,200
legislature passes a law 
requiring all commercial trucks 

350
00:21:37,360 --> 00:21:40,880
to be equipped with a specific 
type of side view mirror that is

351
00:21:40,880 --> 00:21:45,200
not required by federal law. 
The federal law on truck safety 

352
00:21:45,320 --> 00:21:49,600
is comprehensive and detailed, 
but it is silent on the issue of

353
00:21:49,600 --> 00:21:53,520
this specific type of mirror. 
A trucking company challenges 

354
00:21:53,520 --> 00:21:57,440
the state law, arguing that it 
is preempted by the federal law.

355
00:21:57,920 --> 00:22:00,440
Is the state law likely to be 
upheld? 

356
00:22:01,360 --> 00:22:05,440
A Yes, because the state law is 
a valid exercise of the state's 

357
00:22:05,440 --> 00:22:09,000
police power. 
B Yes, because the federal law 

358
00:22:09,000 --> 00:22:12,040
is silent on the issue of this 
specific type of mirror. 

359
00:22:12,400 --> 00:22:17,200
C No, because the federal law is
comprehensive and detailed and 

360
00:22:17,200 --> 00:22:21,000
thus it is likely to be found to
have occupied the field of truck

361
00:22:21,000 --> 00:22:24,400
safety. 
D No, because the state law 

362
00:22:24,400 --> 00:22:27,640
places an undue burden on 
Interstate commerce. 

363
00:22:28,160 --> 00:22:31,160
Correct Answer. 
C Explanation. 

364
00:22:31,440 --> 00:22:34,680
This question tests your 
understanding of the doctrine of

365
00:22:34,680 --> 00:22:37,280
preemption. 
The doctrine of preemption 

366
00:22:37,280 --> 00:22:42,040
provides that a federal law can 
preempt or supersede a state law

367
00:22:42,040 --> 00:22:45,680
in certain circumstances. 
There are two main types of 

368
00:22:45,680 --> 00:22:49,560
preemption, express preemption 
and implied preemption. 

369
00:22:49,960 --> 00:22:54,000
Express preemption occurs when a
federal law explicitly states 

370
00:22:54,120 --> 00:22:58,320
that it preempts state law. 
Implied preemption can occur in 

371
00:22:58,320 --> 00:23:01,920
two ways, field preemption and 
conflict preemption. 

372
00:23:02,360 --> 00:23:06,400
Field preemption occurs when a 
federal law is so comprehensive 

373
00:23:06,400 --> 00:23:10,880
and detailed that it is clear 
that Congress intended to occupy

374
00:23:10,880 --> 00:23:14,160
the field and leave no room for 
state regulation. 

375
00:23:14,680 --> 00:23:18,640
Conflict preemption occurs when 
it is impossible to comply with 

376
00:23:18,640 --> 00:23:23,360
both a federal law and a state 
law, or when a state law stands 

377
00:23:23,360 --> 00:23:26,360
as an obstacle to the 
accomplishment of the full 

378
00:23:26,360 --> 00:23:28,640
purposes and objectives of 
Congress. 

379
00:23:29,240 --> 00:23:34,040
Sample MBE Question 2A Lawyer 
represents a client who is being

380
00:23:34,040 --> 00:23:37,240
sued for breach of contract. 
During the course of the 

381
00:23:37,240 --> 00:23:40,880
representation, the client tells
the lawyer that he intends to 

382
00:23:40,880 --> 00:23:44,640
lie on the witness stand. 
The lawyer advises the client 

383
00:23:44,640 --> 00:23:47,440
not to do so, but the client 
insists. 

384
00:23:47,920 --> 00:23:50,280
What is the lawyer's ethical 
obligation? 

385
00:23:50,880 --> 00:23:53,160
A. 
The lawyer must allow the client

386
00:23:53,160 --> 00:23:57,160
to testify as he wishes, as the 
lawyer has a duty to zealously 

387
00:23:57,160 --> 00:23:59,160
represent the client. 
B. 

388
00:23:59,400 --> 00:24:02,120
The lawyer must withdraw from 
the representation. 

389
00:24:02,400 --> 00:24:06,560
C The lawyer must inform the 
court that the client intends to

390
00:24:06,560 --> 00:24:10,240
commit perjury. 
D The lawyer may allow the 

391
00:24:10,240 --> 00:24:13,800
client to testify in a narrative
fashion without the lawyer 

392
00:24:13,800 --> 00:24:16,560
asking any questions. 
Correct answer. 

393
00:24:16,760 --> 00:24:20,320
B Explanation. 
This question tests your 

394
00:24:20,320 --> 00:24:23,400
understanding of a lawyer's 
ethical obligations When a 

395
00:24:23,400 --> 00:24:28,200
client intends to commit perjury
under the ABA Model Rules of 

396
00:24:28,200 --> 00:24:32,320
Professional Conduct, a lawyer 
may not knowingly offer false 

397
00:24:32,320 --> 00:24:35,200
evidence. 
If a lawyer knows that a client 

398
00:24:35,200 --> 00:24:39,160
intends to testify falsely, the 
lawyer must take reasonable 

399
00:24:39,160 --> 00:24:42,440
remedial measures. 
These measures may include 

400
00:24:42,560 --> 00:24:46,280
advising the client not to 
testify falsely, attempting to 

401
00:24:46,280 --> 00:24:49,160
withdraw from the 
representation, and, if 

402
00:24:49,160 --> 00:24:52,520
necessary, disclosing the 
client's intention to commit 

403
00:24:52,520 --> 00:24:55,920
perjury to the court. 
In this case, the lawyer has 

404
00:24:55,920 --> 00:24:59,080
advised the client not to lie on
the witness stand, but the 

405
00:24:59,080 --> 00:25:02,760
client has insisted. 
Thus, the lawyer's next step is 

406
00:25:02,760 --> 00:25:04,840
to withdraw from the 
representation. 

407
00:25:05,240 --> 00:25:08,640
If the lawyer is unable to 
withdraw, the lawyer may be 

408
00:25:08,640 --> 00:25:11,200
required to disclose the 
client's intention attention to 

409
00:25:11,200 --> 00:25:15,600
commit perjury to the court. 
Introduction to MBE Essay 

410
00:25:15,600 --> 00:25:20,280
Writing Effective MBE essay 
responses demand clear issue 

411
00:25:20,280 --> 00:25:24,040
identification, accurate 
articulation of relevant legal 

412
00:25:24,040 --> 00:25:27,960
rules, thorough analysis, 
applying rules to given facts, 

413
00:25:28,080 --> 00:25:33,040
and concise conclusions. 
Employing the IRAC method issue 

414
00:25:33,080 --> 00:25:36,920
rule application conclusion 
ensures structured, 

415
00:25:36,920 --> 00:25:41,040
comprehensive answers. 
Sample ethical dilemma essay 

416
00:25:41,480 --> 00:25:45,600
Attorney Alex represents client 
Bob in a complex business 

417
00:25:45,600 --> 00:25:47,520
merger. 
During the course of the 

418
00:25:47,520 --> 00:25:51,560
representation, Bob confides in 
Alex that he has been engaging 

419
00:25:51,560 --> 00:25:55,080
in a fraudulent accounting 
scheme to inflate the value of 

420
00:25:55,080 --> 00:25:58,120
his company. 
Bob also tells Alex that he 

421
00:25:58,120 --> 00:26:01,200
intends to lie about the 
company's financials during a 

422
00:26:01,200 --> 00:26:06,120
deposition in a related lawsuit.
Response Structure The main 

423
00:26:06,120 --> 00:26:10,280
issue is what are Attorney 
Alex's political duties when his

424
00:26:10,280 --> 00:26:14,840
client Bob has confessed to a 
past crime and has expressed an 

425
00:26:14,840 --> 00:26:17,280
intention to commit a future 
crime. 

426
00:26:17,800 --> 00:26:21,720
The rule The relevant rules are 
the ABA Model Rules of 

427
00:26:21,720 --> 00:26:24,640
Professional Conduct, 
specifically the rules on 

428
00:26:24,640 --> 00:26:28,000
confidentiality. 
Candor toward the tribunal and 

429
00:26:28,000 --> 00:26:31,320
withdraw from representation 
under the duty of 

430
00:26:31,320 --> 00:26:34,360
confidentiality. 
A lawyer may not reviewed 

431
00:26:34,360 --> 00:26:37,480
information relating to the 
representation of a client 

432
00:26:37,560 --> 00:26:39,880
without the client's informed 
consent. 

433
00:26:40,280 --> 00:26:44,200
However, there are exceptions to
this rule, including when the 

434
00:26:44,200 --> 00:26:48,120
lawyer reasonably believes that 
disclosure is necessary to 

435
00:26:48,120 --> 00:26:51,480
prevent the client from 
committing a crime or fraud that

436
00:26:51,480 --> 00:26:55,120
is reasonably certain to result 
in substantial injury to the 

437
00:26:55,120 --> 00:26:59,360
financial interests or property 
of another and in furtherance of

438
00:26:59,360 --> 00:27:03,440
which the client has, is used, 
or is using the lawyer services.

439
00:27:03,960 --> 00:27:07,720
Under the duty of candor toward 
the tribunal, a lawyer may not 

440
00:27:07,720 --> 00:27:11,960
knowingly offer false evidence. 
If a lawyer knows that a client 

441
00:27:11,960 --> 00:27:15,960
intends to testify falsely, the 
lawyer must take reasonable 

442
00:27:15,960 --> 00:27:19,200
remedial measures. 
Under the duty of conduct toward

443
00:27:19,200 --> 00:27:23,280
the tribunal, a lawyer may not 
knowingly offer false evidence. 

444
00:27:23,680 --> 00:27:27,680
Thus, he must take reasonable 
remedial measures to prevent Bob

445
00:27:27,680 --> 00:27:31,000
from committing perjury. 
These measures may include 

446
00:27:31,160 --> 00:27:34,760
advising Bob not to lie on the 
witness stand, attempting to 

447
00:27:34,760 --> 00:27:37,640
withdraw from the 
representation, and, if 

448
00:27:37,640 --> 00:27:41,760
necessary, disclosing Bob's 
intention to commit perjury to 

449
00:27:41,760 --> 00:27:43,640
the court. 
Conclusion. 

450
00:27:44,080 --> 00:27:48,080
Alex must first try to persuade 
Bob not to commit perjury. 

451
00:27:48,440 --> 00:27:52,320
If Bob insists on doing so, Alex
must withdraw from the 

452
00:27:52,320 --> 00:27:55,680
representation. 
If Alex is unable to withdraw, 

453
00:27:55,960 --> 00:28:00,000
he may be required to disclose 
Bob's intention to commit 

454
00:28:00,000 --> 00:28:04,520
perjury to the court. 
Conclusion Today's expansive 

455
00:28:04,520 --> 00:28:07,840
lecture thoroughly clarified 
crucial constitutional 

456
00:28:07,840 --> 00:28:11,160
principles, federalism, 
separation of powers and 

457
00:28:11,160 --> 00:28:15,360
individual rights, and detailed 
professional ethics governing 

458
00:28:15,360 --> 00:28:18,920
legal practice. 
Persistent practice, analytical 

459
00:28:18,920 --> 00:28:22,840
exercises, and targeted essay 
writing will solidify these 

460
00:28:22,840 --> 00:28:26,360
concepts further. 
Our next session promises deeper

461
00:28:26,360 --> 00:28:30,080
integration and practical 
applications re forcing the 

462
00:28:30,080 --> 00:28:34,000
foundational knowledge necessary
for success on the bar exam. 

463
00:28:34,400 --> 00:28:38,240
Remember that the bar exam is a 
marathon, not a Sprint. 

464
00:28:38,520 --> 00:28:41,800
It is important to pace 
yourself, to stay focused, and 

465
00:28:41,800 --> 00:28:45,000
to never give up. 
Good luck with your studies and 

466
00:28:45,000 --> 00:28:47,720
I look forward to seeing you in 
our next lecture.