WV Con Law Exam Newest 2025/2026 With Complete All Questions And Correct Answers
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A system of separate and coordinate powers necessarily involves an acceptance of exclusive power that
can theoretically be abused... - (answer)Morrison v Olson (1988)
Scalia dissent
"I find it impossible...to say there that there is here no real or substantial relation between the means
employed by the State and the end sought to be accomplished by its legislation."" p757 -
(answer)Lochner v New York
Harlan dissent
"vast majority of governance at state/local levels" - (answer)Fed 32/33 Hamilton
restriction does not turn on whether the IC is "purely executive," but "to ensure that Congress does not
interfere w/ the President's exercise of the 'executive power' and his constitutionally appointed duty to
'take care that the laws be faithfully executed' under Art. II..." (functionalist approach) -
(answer)Morrison v Olson (1988)
Rehnquist
"our Federal government was intentionally chartered w/ the flexibility to respond to contemporary
needs w/o losing sight of fundamental democratic principles..." - (answer)INS v. Chadha (1983)
White Dissent
The veto was "legislative in purpose and effect...it had the purpose and effect of altering the legal rights,
duties and relations of persons...overrule[d] the Attorney General and mandate[d] Chada's
deportation." Congress has acted. - (answer)INS v. Chadha (1983)
Burger
Congress is not subject to an internal constraints that prevent it from arbitrarily depriving him of the
right to remain in this country" - (answer)INS v. Chadha (1983)
Powell concurrence
,WV Con Law Exam Newest 2025/2026 With Complete All Questions And Correct Answers
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- "...the Presidency was deliberately fashioned as an office of power and independence...[the framers
did not] create an automaton impotent to exercise the powers of Government at a time when the
survival of the Republic itself may be at stake..." "messenger boy vision of p authority" - (answer)Steel
Seizure Case (1952)
Vinson dissent
"The branch of government that has power to pay compensation for a seizure is the only one able to
authorize a seizure or make lawful one that the President has effected." - (answer)Steel Seizure Case
(1952)
"just what our forefathers did envision must be divined from materials almost as enigmatic as the
dreams Joseph was called upon to interpret for Pharaoh." "interdependence of the branches rather than
a complete separation" - (answer)Steel Seizure Case (1952)
Jackson
3 zones
1. "When the president acts pursuant to an express or implied authorization of Congress, his authority is
at its maximum, for it includes all that he possess in his own right plus all Congress can delegate."
2. When there is no express grant or denial from Congress, he can act only w/ his explicit powers, "but
there is a zone of twilight in which he and Congress may have concurrent authority, or in which
distribution is uncertain." Actions in this area will depend on "the imperatives of events and
contemporary imponderables rather than on abstract theories of law." (Executive privilege,
impoundment, rescission of treaties, executive agreements, removal of executives from office, etc.)
3. If the president "takes measures incompatible w/ the expressed/implied will on Congress, his power is
at its lowest ebb. - (answer)Steel Seizure Case (1952)
Jackson
"The president's power, if any, to issue the order must stem either from an act of Congress or from the
Constitution itself. if you give the president emergency powers it will tend to kindle emergencies" -
(answer)Steel Seizure Case (1952)
Jackson Concurrence
, WV Con Law Exam Newest 2025/2026 With Complete All Questions And Correct Answers
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"the right to personal choice regarding marriage is inherent in the concept of individual autonomy."
Second, "the right to marry is fundamental because it supports a two-person union unlike any other in
its importance to the committed individuals," a principle applying equally to same-sex couples. -
(answer)Obergefell v Hodges
Sees this as judicial activism: "It is clear from this that the Court has taken sides in the culture war,
departing from its role of assuring, as neutral observer, that the democratic rules of engagement are
observed." - (answer)Lawrence v. Texas (2003)
Scalia dissent
would recognize a "fundamental" right only if it is "deeply rooted in this Nation's history and traditions."
"Constitutional entitlements do not spring into existence b/c some States choose to lessen or eliminate
criminal sanctions on certain behavior."
- "This effectively decrees the end of all morals legislation." - (answer)Lawrence v. Texas (2003)
Scalia dissent
"emerging awareness that liberty gives substantial protection to adult persons in deciding how to
conduct their private lives in matters pertaining to sex." - (answer)Lawrence v. Texas (2003)
"these considerations do not answer the question before us...the issue is whether the majority may use
the power of the State to enforce these views on the whole society through operation of the criminal
law..." - (answer)Lawrence v. Texas (2003) moral objections don't matter
- "To say that the issue in bowers was simply the right to engage in certain sexual conduct demeans the
claim...The law [that prohibit sodomy] have more far-reaching consequences, touching upon the most
private human conduct...The seek to control a personal relationship that, whether or not entitle to
formal recognition [gay marriage?] is w/in the liberty of persons to choose w/o being punished as
criminals." - (answer)Lawrence v. Texas (2003)
"crime against nature...deeper malignity than rape." - (answer)Bowers v. Harwick (1986) (White, Burger
concurring)
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A system of separate and coordinate powers necessarily involves an acceptance of exclusive power that
can theoretically be abused... - (answer)Morrison v Olson (1988)
Scalia dissent
"I find it impossible...to say there that there is here no real or substantial relation between the means
employed by the State and the end sought to be accomplished by its legislation."" p757 -
(answer)Lochner v New York
Harlan dissent
"vast majority of governance at state/local levels" - (answer)Fed 32/33 Hamilton
restriction does not turn on whether the IC is "purely executive," but "to ensure that Congress does not
interfere w/ the President's exercise of the 'executive power' and his constitutionally appointed duty to
'take care that the laws be faithfully executed' under Art. II..." (functionalist approach) -
(answer)Morrison v Olson (1988)
Rehnquist
"our Federal government was intentionally chartered w/ the flexibility to respond to contemporary
needs w/o losing sight of fundamental democratic principles..." - (answer)INS v. Chadha (1983)
White Dissent
The veto was "legislative in purpose and effect...it had the purpose and effect of altering the legal rights,
duties and relations of persons...overrule[d] the Attorney General and mandate[d] Chada's
deportation." Congress has acted. - (answer)INS v. Chadha (1983)
Burger
Congress is not subject to an internal constraints that prevent it from arbitrarily depriving him of the
right to remain in this country" - (answer)INS v. Chadha (1983)
Powell concurrence
,WV Con Law Exam Newest 2025/2026 With Complete All Questions And Correct Answers
|Already Graded A+||Brand New Version!|
- "...the Presidency was deliberately fashioned as an office of power and independence...[the framers
did not] create an automaton impotent to exercise the powers of Government at a time when the
survival of the Republic itself may be at stake..." "messenger boy vision of p authority" - (answer)Steel
Seizure Case (1952)
Vinson dissent
"The branch of government that has power to pay compensation for a seizure is the only one able to
authorize a seizure or make lawful one that the President has effected." - (answer)Steel Seizure Case
(1952)
"just what our forefathers did envision must be divined from materials almost as enigmatic as the
dreams Joseph was called upon to interpret for Pharaoh." "interdependence of the branches rather than
a complete separation" - (answer)Steel Seizure Case (1952)
Jackson
3 zones
1. "When the president acts pursuant to an express or implied authorization of Congress, his authority is
at its maximum, for it includes all that he possess in his own right plus all Congress can delegate."
2. When there is no express grant or denial from Congress, he can act only w/ his explicit powers, "but
there is a zone of twilight in which he and Congress may have concurrent authority, or in which
distribution is uncertain." Actions in this area will depend on "the imperatives of events and
contemporary imponderables rather than on abstract theories of law." (Executive privilege,
impoundment, rescission of treaties, executive agreements, removal of executives from office, etc.)
3. If the president "takes measures incompatible w/ the expressed/implied will on Congress, his power is
at its lowest ebb. - (answer)Steel Seizure Case (1952)
Jackson
"The president's power, if any, to issue the order must stem either from an act of Congress or from the
Constitution itself. if you give the president emergency powers it will tend to kindle emergencies" -
(answer)Steel Seizure Case (1952)
Jackson Concurrence
, WV Con Law Exam Newest 2025/2026 With Complete All Questions And Correct Answers
|Already Graded A+||Brand New Version!|
"the right to personal choice regarding marriage is inherent in the concept of individual autonomy."
Second, "the right to marry is fundamental because it supports a two-person union unlike any other in
its importance to the committed individuals," a principle applying equally to same-sex couples. -
(answer)Obergefell v Hodges
Sees this as judicial activism: "It is clear from this that the Court has taken sides in the culture war,
departing from its role of assuring, as neutral observer, that the democratic rules of engagement are
observed." - (answer)Lawrence v. Texas (2003)
Scalia dissent
would recognize a "fundamental" right only if it is "deeply rooted in this Nation's history and traditions."
"Constitutional entitlements do not spring into existence b/c some States choose to lessen or eliminate
criminal sanctions on certain behavior."
- "This effectively decrees the end of all morals legislation." - (answer)Lawrence v. Texas (2003)
Scalia dissent
"emerging awareness that liberty gives substantial protection to adult persons in deciding how to
conduct their private lives in matters pertaining to sex." - (answer)Lawrence v. Texas (2003)
"these considerations do not answer the question before us...the issue is whether the majority may use
the power of the State to enforce these views on the whole society through operation of the criminal
law..." - (answer)Lawrence v. Texas (2003) moral objections don't matter
- "To say that the issue in bowers was simply the right to engage in certain sexual conduct demeans the
claim...The law [that prohibit sodomy] have more far-reaching consequences, touching upon the most
private human conduct...The seek to control a personal relationship that, whether or not entitle to
formal recognition [gay marriage?] is w/in the liberty of persons to choose w/o being punished as
criminals." - (answer)Lawrence v. Texas (2003)
"crime against nature...deeper malignity than rape." - (answer)Bowers v. Harwick (1986) (White, Burger
concurring)
