WV CON LAW EXAM LATEST 2025/2026 ACTUAL EXAM WITH
COMPLETE QUESTIONS AND CORRECT DETAILED ANSWERS (100%
VERIFIED ANSWERS) |ALREADY GRADED A+| ||PROFESSOR
VERIFIED|| ||BRANDNEW!!!||
Lincoln's plan to appoint judges to the Supreme Court explicitly to
overturn Dred Scott is "a proposition to make that court the
corrupt, unscrupulous tool of a political party." "The very
proposition carries w/ it the demoralization and degradation
destructive of the judicial department of the federal government." -
ANSWER-Lincoln/Douglas debates in 1858 Senate campaigns re:
Dred Scott
Douglas
giving judges the ultimate decision on constitutional questions is
"a very dangerous doctrine indeed and one which would place us
under the despotism of an oligarchy" b/c judges are susceptible to
political motivations and are not as accountable b/c they are
appointed for life. This is why the constitution "wisely made all the
departments co-equal and co-sovereign w/in themselves." -
ANSWER-Lincoln/Douglas debates in 1858 Senate campaigns re:
Dred Scott
Lincoln
,2|Page
The constitution "is a plainly written document...full and complete
in itself...the mere text, and only the text...was adopted." -
ANSWER-Frederick Douglas: Is Constitution Pro-Slavery?
(Glasgow, 1860)
- Makes textual argument that Constitution is anti-slavery.
"The right of property in a slave is distinctly and expressly
affirmed in the Constitution...and not word can be found which
gives Congress a greater power over slave property...the only
power conferred is the power coupled w/ the duty of guarding and
protecting the owner in his rights." - ANSWER-Dred Scott v.
Sanders (1857) (Taney)
AA had no rights that the white race was bound to respect" "they
were at the time considered as a subordinate and inferior class of
beings...and had no rights or privileges but such as those who
held the power and the Government might choose to grant them."
- ANSWER-Dred Scott v. Sanders (1857) (Taney)
,3|Page
"It is not the province of the court to decide upon the justice or
injustice, the policy or impolicy, of these laws...[just] to interpret
the instrument...and to administer it as we find it, according to its
true intent and meaning when it was adopted..." - ANSWER-Dred
Scott v. Sanders (1857) (Taney)
The constitution "contemplates the existence of a positive,
unqualified right on the part of the owner of the slave, which no
state law or regulation can in any way qualify, regulate, control, or
restrain." - ANSWER-Prigg v. PA (1842) (Story) Court enforces
Fugitive Slave clause
"Judges must be more than men, if they can always escape the
influence of strong popular opinion of society...and decide cases
by legal intelligence" - ANSWER-State v. Post (Sup. Ct. of NJ,
1845) (Nevius)
Rejected claim that state constitution abolished slavery.
"understood in a modified sense according to the nature, the
conditions and laws of the society to which they belong." "slavery
still exists, that the master's right of property in slave has not been
, 4|Page
affected either by declaration of independence or the constitution
of the united states" - ANSWER-State v. Post (Sup. Ct. of NJ,
1845) (Nevius)
Rejected claim that state constitution abolished slavery.
- "the power to exclude from the sovereign's territory people who
have no right to be there" is "the defining characteristic of state
sovereignty." Power to exclude = core of state sovereignty
- "Even in its international relations, the Federal Government must
live with the inconvenient fact that it is a Union of independent
States, who have their own sovereign powers." - ANSWER-
Arizona v. U.S. (2012) (Kennedy; Scalia, Alito dissent)
Scalia dissent - State sovereignty issue - can decide who is in its
borders
- The federal government has "broad, undoubted power over the
subject of immigration and the status of aliens" and "Federal
governance of immigration and alien status is extensive and
complex."
- § 3 is preempted by field preemption: The federal government's
law regulating alien registration "stuck a careful balance" between