Happy Constitution Day (and a Reminder about Recent SCOTUS Decisions on the Bar Exam)
Happy Constitution Day!
As we celebrate the U.S. Constitution’s role in shaping our government and laws, it’s a good time to remind bar exam takers how Constitutional Law is tested on the exam. Specifically, the bar exam focuses on the U.S. Constitution and how the U.S. Supreme Court interprets it.
The National Conference of Bar Examiners, which drafts the Multistate Bar Exam and other components of the bar exam, has a policy regarding the inclusion of SCOTUS decisions in bar exam questions. As I’ve noted in a previous blog post, SCOTUS decisions are not tested on the bar exam until typically three years after they are decided.
NCBE has released the following statement regarding the timeline by which new US Supreme Court decisions might be reflected on the bar exam: NCBE-developed MBE, MPT, and MEE questions typically are drafted, revised, and finalized over an approximately three-year period, including pre-testing of MBE items on a live exam prior to administration as scored items.
NCBE-developed questions go through an extensive process of drafting, revising, and pre-testing before they appear as scored items. While some recent SCOTUS rulings might appear soon after the Court’s decision, these would likely be ungraded, pre-tested questions. These questions help the NCBE ensure that each item is fair and valid before being used for scoring.
As you continue preparing for the bar exam, keep in mind that SCOTUS rulings play a key role in Constitutional Law questions—but recent decisions typically won’t appear on the exam until a few years after they are handed down. The NCBE’s development process ensures that you’re tested on clear, established principles, and any recent rulings that do appear early are likely ungraded pre-test items.
Enjoy your Constitution Day studies!
