Brief Rant...

If there are any past Bar-takers out there reading this, can you please answer something for me?? On the MBE, do the authors, when raising the issue of what standard of review applies in a con law question, really say such things such as “P must prove the statute is irrational” ???? I mean, I thought that Rational Basis Review meant that P has to prove the statute is not rationally related to a legitimate state interest, not that the statute itself is “irrational.” I mean, I, as a law student, am smart enough to figure out that they are referring to RBR, but this is an incorrect statement of the law, and YET - supposedly, it was the right answer. Do the authors really do short-hand stuff like this?? If they do, then I am going to have to stop “overthinking” the answers, because I truly thought that, here, the authors were trying to get me confused as to what the RBR test was… But, no, apparently it wasn’t a trick. So frustrating!!!! AND, I really hate it when there appear to be two issues in the question, say interstate commerce & state police power, and the example given is of something that is traditionally reserved to the state, so - as the book says - the state’s statute should be upheld….. and the authors tell me it’s not about state rights at all and is purely an interstate commerce issue. Even though I’m getting all of these con law questions wrong, I feel it is a reflection of poorly written questions and not at all my lack of understanding/memorizing the material. ha. GRRRR!!!!