WV CON LAW EXAM 2025/2026 WITH ACTUAL
CORRECT QUESTIONS AND VERIFIED
DETAILED ANSWERS |FREQUENTLY TESTED
QUESTIONS AND SOLUTIONS |ALREADY
GRADED A+|NEWEST|BRAND NEW
VERSIONS!!|GUARANTEED PASS
"questions of power of congress are not to be decided by reference to any formula which would
give force to words such as "production" and "indirect" and foreclose consideration of actual
effects"
Wickard v. Filburn (1942)(Jackson) reject formalist tests
"[Congress] may choose the means reasonably adapted to the attainment of the permitted end,
even though they involve control of intrastate activities."
U.S. v. Darby (1941)(Stone) "law did not violate 10th A, 10th A is but a truism"
"Undoubtedly the scope of this power must be considered in the light of our dual system of
government any may not be extended so as to embrace effects upon interstate commerce so
indirect and remote that to embrace them, in view of our complex society, would effectually
obliterate the distinction between what is national and what is local and create a completely
centralized government. The question is necessarily one of degree..."
NLRB v. Jones & Laughlin Steel Corp. (1937)(CJ Hughes)
o "the fact that employees were engaged in production is not determinative"
o It is the effect upon commerce, not the source of the injury, which is the criterion."
o "interstate commerce...is a practical conception. It is equally true that interferences with that
commerce must be appraised by a judgment that does not ignore actual experience."
NLRB v. Jones & Laughlin Steel Corp. (1937)(CJ Hughes)
"...the evils [of labor strife] are all local evils over which the federal government has no
legislative control. [Working] conditions are obviously local conditions."
Carter v. Carter Coal Co. (1936)(Sutherland, Cardozo dissent)
The distinction between a direct and indirect effect turns, not upon the magnitude of with the
cause or the effect, but entirely upon the manner in which the effect has been brought about."
1|Page
,Carter v. Carter Coal Co. (1936)(Sutherland, Cardozo dissent)
"The law is not indifferent to consideration of degree. Activities local in their immediacy do not
become interstate and national because of distant repercussions."
A.L.A. Schechter Poultry Corp. v. US (the "sick chickens" case)(1935)(CJ Hughes, Cardozo
concurring)
"Extraordinary conditions may call for extraordinary remedies. But [extraordinary] conditions do
not create or enlarge constitutional power."
A.L.A. Schechter Poultry Corp. v. US (the "sick chickens" case)(1935)(CJ Hughes, Cardozo
concurring)
The mere fact that there may be a constant flow of commodities into a state does not mean
that the flow continues after the property has arrived and has become commingled with the
mass of property w/in the state and is there held solely for local disposition and use.
A.L.A. Schechter Poultry Corp. v. US (the "sick chickens" case)(1935)(CJ Hughes, Cardozo
concurring)
"the only question is whether the business done in the stockyards...is a part of IC. The
stockyards are but a throat through which the current flows, and the transactions which occur
therein are only incident to this current from the West to the East, from one state to another.
Such transactions can not be separated from the movement to which they contribute and
necessarily take on its character."
Stafford v. Wallace ("stream of commerce" case) (1922)(CJ Taft) anti Knight/Ames
"necessarily embraces the right to control their operations in all matters having such a close and
substantial relation to interstate traffic that the control is essential or appropriate to the security
of that traffic, to the efficiency of the interstate service, and the maintenance of conditions..."
- Congress does "possess the power to foster and protect interstate commerce, and to take all
measures necessary or appropriate to that end, although intrastate transactions of interstate
carriers may thereby be controlled."
("The Shreveport Rate Cases")(1914)(Hughes)
"...all freedom of commerce would be at an end, and the power of the states over local matters
may be eliminated, and thus our system of government practically destroyed." "the act is a
twofold repugnance that transcends authority and exerts power over local matter"
Hammer v. Dagenhart (The Child Labor Case) (1918)(Day, Holmes dissent) rejects Ames
"The triumph of realism" reserving a zone of activities to the states / 10th A state sovereignty.
2|Page
,"There is not power vested in Congress to require the States to exercise their police power so as
to prevent possible unfair competition. Many causes may cooperate to give one state, by reason
of local laws or conditions, an economic advantage over others."
Hammer v. Dagenhart (The Child Labor Case) (1918)(Day, Holmes dissent) rejects Ames
"The triumph of realism" reserving a zone of activities to the states / 10th A state sovereignty.
o "...the mere facts that [the goods] were intended for IC transportation does not make their
production subject to federal control under the commerce power..."
o "...to regulate the hours of children in factories and mines w/in the states, [is] a purely state
authority...to which the federal authority does not extend."
o "The goods shipped are of themselves harmless."
Hammer v. Dagenhart (The Child Labor Case) (1918)(Day, Holmes dissent) rejects Ames
"The triumph of realism" reserving a zone of activities to the states / 10th A state sovereignty.
"everything is an article of commerce the moment it is taken to be transported from place to
place."
Champion v. Ames (The Lottery Case) (1903) (Harlan, Fuller dissent)
FORMAL, used to validate federal power C's power to regulate traffic is PLENARY. Moral?
Fuller Dissent
"intermingled with. A thing that is among others in intermingled with them. Commerce among
the states, cannot stop at the external boundary line of each state, but may be introduced into
the interior."
Gibbons v. Ogden (1824)(Marshall)
"...should Congress, under the pretext of executing its powers, pass laws for the
accomplishment of objects not entrusted to the government; it would become the painful duty
of this tribunal ...to say that such an act was not the law of the land."
McCulloch v. Maryland (1819) (Marshall)
"...it is a constitution we're expounding."
McCulloch v. Maryland (1819) (Marshall)
"Let the end be legitimate, let it be w/in the scope of the constitution, and all means which are
appropriate, which are plainly adapted to that end, which are not prohibited, but consist with
the letter and spirit of the constitution, are constitutional."
McCulloch v. Maryland (1819) (Marshall)
3|Page
, separation of powers, but not absolutely, can have partial agency/control over acts of the other
Federalist 47 (Madison)
unless these departments are so connected as to give constitutional control over the other,
degree of separation can never be duly maintained. Must be adequate defense for feeble
against powerful members of the government. Legislature is extending its power. Ought to
worry about legislative power.
Federalist 48 (Madison)
If the federal government encroached on states there would be great resistance hence the
federal government never would; people are naturally attached to their state government over
federal government.
1. QUOTES:
a. "If, therefore, the people should in future become more partial to the federal than to the
State governments, the change can only result from such manifest and irresistible proofs of
better administration as will overcome all their antecedent propensities.
b. "Many considerations seem to place it beyond doubt that the first and most natural
attachment of the people will be to the governments of their respective States."
Federalist 45 (Madison)
"The powers delegated by the proposed Constitution to the federal government are few and
defined."
Fed 45 (Madison)
contemplates judicial review; implies judiciary is insulated from political forces; courts as an
intermediate body between people and the legislature; hence promotes a better democracy
(will vs judgment)
Fed 78 (Hamilton)
a. "It is of great importance in a republic not only to guard the society against the oppression of
its rulers, but to guard one part of the society against the injustice of the other part."
b. "The society itself will be broken into so many parts, interests and classes of citizens, that the
rights of individuals, or of the minority, will be in little danger from interested combinations of
the majority"
Fed 51 (Madison)
"refine and enlarge the public views by passing them through the medium of a chosen body of
citizens, whose wisdom may best discern the true interest of their country, and whose
4|Page
CORRECT QUESTIONS AND VERIFIED
DETAILED ANSWERS |FREQUENTLY TESTED
QUESTIONS AND SOLUTIONS |ALREADY
GRADED A+|NEWEST|BRAND NEW
VERSIONS!!|GUARANTEED PASS
"questions of power of congress are not to be decided by reference to any formula which would
give force to words such as "production" and "indirect" and foreclose consideration of actual
effects"
Wickard v. Filburn (1942)(Jackson) reject formalist tests
"[Congress] may choose the means reasonably adapted to the attainment of the permitted end,
even though they involve control of intrastate activities."
U.S. v. Darby (1941)(Stone) "law did not violate 10th A, 10th A is but a truism"
"Undoubtedly the scope of this power must be considered in the light of our dual system of
government any may not be extended so as to embrace effects upon interstate commerce so
indirect and remote that to embrace them, in view of our complex society, would effectually
obliterate the distinction between what is national and what is local and create a completely
centralized government. The question is necessarily one of degree..."
NLRB v. Jones & Laughlin Steel Corp. (1937)(CJ Hughes)
o "the fact that employees were engaged in production is not determinative"
o It is the effect upon commerce, not the source of the injury, which is the criterion."
o "interstate commerce...is a practical conception. It is equally true that interferences with that
commerce must be appraised by a judgment that does not ignore actual experience."
NLRB v. Jones & Laughlin Steel Corp. (1937)(CJ Hughes)
"...the evils [of labor strife] are all local evils over which the federal government has no
legislative control. [Working] conditions are obviously local conditions."
Carter v. Carter Coal Co. (1936)(Sutherland, Cardozo dissent)
The distinction between a direct and indirect effect turns, not upon the magnitude of with the
cause or the effect, but entirely upon the manner in which the effect has been brought about."
1|Page
,Carter v. Carter Coal Co. (1936)(Sutherland, Cardozo dissent)
"The law is not indifferent to consideration of degree. Activities local in their immediacy do not
become interstate and national because of distant repercussions."
A.L.A. Schechter Poultry Corp. v. US (the "sick chickens" case)(1935)(CJ Hughes, Cardozo
concurring)
"Extraordinary conditions may call for extraordinary remedies. But [extraordinary] conditions do
not create or enlarge constitutional power."
A.L.A. Schechter Poultry Corp. v. US (the "sick chickens" case)(1935)(CJ Hughes, Cardozo
concurring)
The mere fact that there may be a constant flow of commodities into a state does not mean
that the flow continues after the property has arrived and has become commingled with the
mass of property w/in the state and is there held solely for local disposition and use.
A.L.A. Schechter Poultry Corp. v. US (the "sick chickens" case)(1935)(CJ Hughes, Cardozo
concurring)
"the only question is whether the business done in the stockyards...is a part of IC. The
stockyards are but a throat through which the current flows, and the transactions which occur
therein are only incident to this current from the West to the East, from one state to another.
Such transactions can not be separated from the movement to which they contribute and
necessarily take on its character."
Stafford v. Wallace ("stream of commerce" case) (1922)(CJ Taft) anti Knight/Ames
"necessarily embraces the right to control their operations in all matters having such a close and
substantial relation to interstate traffic that the control is essential or appropriate to the security
of that traffic, to the efficiency of the interstate service, and the maintenance of conditions..."
- Congress does "possess the power to foster and protect interstate commerce, and to take all
measures necessary or appropriate to that end, although intrastate transactions of interstate
carriers may thereby be controlled."
("The Shreveport Rate Cases")(1914)(Hughes)
"...all freedom of commerce would be at an end, and the power of the states over local matters
may be eliminated, and thus our system of government practically destroyed." "the act is a
twofold repugnance that transcends authority and exerts power over local matter"
Hammer v. Dagenhart (The Child Labor Case) (1918)(Day, Holmes dissent) rejects Ames
"The triumph of realism" reserving a zone of activities to the states / 10th A state sovereignty.
2|Page
,"There is not power vested in Congress to require the States to exercise their police power so as
to prevent possible unfair competition. Many causes may cooperate to give one state, by reason
of local laws or conditions, an economic advantage over others."
Hammer v. Dagenhart (The Child Labor Case) (1918)(Day, Holmes dissent) rejects Ames
"The triumph of realism" reserving a zone of activities to the states / 10th A state sovereignty.
o "...the mere facts that [the goods] were intended for IC transportation does not make their
production subject to federal control under the commerce power..."
o "...to regulate the hours of children in factories and mines w/in the states, [is] a purely state
authority...to which the federal authority does not extend."
o "The goods shipped are of themselves harmless."
Hammer v. Dagenhart (The Child Labor Case) (1918)(Day, Holmes dissent) rejects Ames
"The triumph of realism" reserving a zone of activities to the states / 10th A state sovereignty.
"everything is an article of commerce the moment it is taken to be transported from place to
place."
Champion v. Ames (The Lottery Case) (1903) (Harlan, Fuller dissent)
FORMAL, used to validate federal power C's power to regulate traffic is PLENARY. Moral?
Fuller Dissent
"intermingled with. A thing that is among others in intermingled with them. Commerce among
the states, cannot stop at the external boundary line of each state, but may be introduced into
the interior."
Gibbons v. Ogden (1824)(Marshall)
"...should Congress, under the pretext of executing its powers, pass laws for the
accomplishment of objects not entrusted to the government; it would become the painful duty
of this tribunal ...to say that such an act was not the law of the land."
McCulloch v. Maryland (1819) (Marshall)
"...it is a constitution we're expounding."
McCulloch v. Maryland (1819) (Marshall)
"Let the end be legitimate, let it be w/in the scope of the constitution, and all means which are
appropriate, which are plainly adapted to that end, which are not prohibited, but consist with
the letter and spirit of the constitution, are constitutional."
McCulloch v. Maryland (1819) (Marshall)
3|Page
, separation of powers, but not absolutely, can have partial agency/control over acts of the other
Federalist 47 (Madison)
unless these departments are so connected as to give constitutional control over the other,
degree of separation can never be duly maintained. Must be adequate defense for feeble
against powerful members of the government. Legislature is extending its power. Ought to
worry about legislative power.
Federalist 48 (Madison)
If the federal government encroached on states there would be great resistance hence the
federal government never would; people are naturally attached to their state government over
federal government.
1. QUOTES:
a. "If, therefore, the people should in future become more partial to the federal than to the
State governments, the change can only result from such manifest and irresistible proofs of
better administration as will overcome all their antecedent propensities.
b. "Many considerations seem to place it beyond doubt that the first and most natural
attachment of the people will be to the governments of their respective States."
Federalist 45 (Madison)
"The powers delegated by the proposed Constitution to the federal government are few and
defined."
Fed 45 (Madison)
contemplates judicial review; implies judiciary is insulated from political forces; courts as an
intermediate body between people and the legislature; hence promotes a better democracy
(will vs judgment)
Fed 78 (Hamilton)
a. "It is of great importance in a republic not only to guard the society against the oppression of
its rulers, but to guard one part of the society against the injustice of the other part."
b. "The society itself will be broken into so many parts, interests and classes of citizens, that the
rights of individuals, or of the minority, will be in little danger from interested combinations of
the majority"
Fed 51 (Madison)
"refine and enlarge the public views by passing them through the medium of a chosen body of
citizens, whose wisdom may best discern the true interest of their country, and whose
4|Page
