WV Con Law Exam Actual Exam 2026 |
Complete Questions and Correct Answers |
Graded A+ | Newest Exam | Verified
Answers | Just Released
- "the safety and protectionist motives cannot be separate: the whole
purpose of safety regulation of vehicles is to protect the state from
unsafe vehicles." ---------CORRECT ANSWER-----------------Kassel v.
Consolidated Freightways (1981) (Powell)
Rehnquist dissent - should apply RBR
"Maine has a legitimate interest in guarding against imperfectly
understood environmental risks, despite the possibility that they may
ultimately prove to be negligible." ---------CORRECT ANSWER---------------
--Maine v. Taylor (1986) Blackmun
"One does not, w/in any normal meaning of the term, "enforce" a
prohibition by issuing a still broader prohibition directed at the same
end."
"checking Congress's homework" ---------CORRECT ANSWER----------------
-Tennessee v. Lane (2004) (Stevens)
Scalia dissent
,"Aims to protect the right to be free from gender-based discrimination
in the workplace ---------CORRECT ANSWER-----------------Nevada
Department of HR v. Hibbs (2003) (Rehnquist)
"The accommodation duty far exceeds what is constitutionally
required." ---------CORRECT ANSWER-----------------Bd. Of Trustees v.
Garrett (2001) (CJ Rehnquist, Breyer dissent)
Issue: Is Title I of ADA a valid exercise of § 5 power and thus a
permissible basis for suing state governments?
"Strong measures appropriate to address on harm [racial
discrimination] may be an unwarranted response to another, lesser one
[religious discrimination]..." ---------CORRECT ANSWER-----------------City
of Boerne v. Flores (1997) (Kennedy) Court overturns RFRA b/c
impermissible use of § 5 power
Sharply limited scope of Congress's power under §5 of 14th A. May only
provide remedies for rights recognize by courts can not create new
rights/expand scope of existing rights.
,Any legislation preventing or remedying these rights must be
"congruent" and "proportional" to the constitutional violation. "There
must be a congruence and proportionality between the injury to be
prevented or remedied and the means adopted to that end." ---------
CORRECT ANSWER-----------------City of Boerne v. Flores (1997)
(Kennedy) Court overturns RFRA b/c impermissible use of § 5 power
"If Congress could define its own powers by altering the 14th A's
meaning, no longer would the constitution be 'superior paramount law,
unchangeable by ordinary means,'" ---------CORRECT ANSWER--------------
---City of Boerne v. Flores (1997) (Kennedy) Court overturns RFRA b/c
impermissible use of § 5 power
tantamount to allowing the 14th A to swallow the State's
constitutionally ordained primary authority in this field. ---------
CORRECT ANSWER-----------------Katzenbach v. Morgan (1966) (Brennan)
partially overturns Lassiter
Congress may independently interpret Constitution and even overturn
SC.
Harlan Dissent
- "It was for Congress to assess and weigh the various conflicting
considerations—the risk of pervasiveness of the discrimination in
, governmental services, the effectiveness of eliminating the adequacy or
availability of alternative remedies, and the nature and significance of
the state interest that would be affected..." ---------CORRECT ANSWER---
--------------Katzenbach v. Morgan (1966) (Brennan) partially overturns
Lassiter
Congress may independently interpret Constitution and even overturn
SC. The Court will use RBR in reviewing such legislation.
"States are not the sole intended beneficiaries of federalism. An
individual has a direct interest in objecting to laws that upset the
constitutional balance between the National Government and the
States when the enforcement of those laws causes injury that is
concrete, particular, and redressable." ---------CORRECT ANSWER---------
--------Bond v. U.S. (2011): found individual had standing to raise 10th A
objections to a statute enacted to implement the Chemical Weapons
(the federal statute did not apply to plaintiff's actions).
When Congress exercises its powers, "it may impose affirmative
obligations on executive and judicial officers of state and local
governments as well as ordinary citizens."
- Congress's decision "to impose modest burdens on state officials from
time to time reflect a considered judgment that the people in each of
the States will benefit therefrom." ---------CORRECT ANSWER---------------
--Printz v. U.S. (1997)(Scalia)
Stevens dissent
Complete Questions and Correct Answers |
Graded A+ | Newest Exam | Verified
Answers | Just Released
- "the safety and protectionist motives cannot be separate: the whole
purpose of safety regulation of vehicles is to protect the state from
unsafe vehicles." ---------CORRECT ANSWER-----------------Kassel v.
Consolidated Freightways (1981) (Powell)
Rehnquist dissent - should apply RBR
"Maine has a legitimate interest in guarding against imperfectly
understood environmental risks, despite the possibility that they may
ultimately prove to be negligible." ---------CORRECT ANSWER---------------
--Maine v. Taylor (1986) Blackmun
"One does not, w/in any normal meaning of the term, "enforce" a
prohibition by issuing a still broader prohibition directed at the same
end."
"checking Congress's homework" ---------CORRECT ANSWER----------------
-Tennessee v. Lane (2004) (Stevens)
Scalia dissent
,"Aims to protect the right to be free from gender-based discrimination
in the workplace ---------CORRECT ANSWER-----------------Nevada
Department of HR v. Hibbs (2003) (Rehnquist)
"The accommodation duty far exceeds what is constitutionally
required." ---------CORRECT ANSWER-----------------Bd. Of Trustees v.
Garrett (2001) (CJ Rehnquist, Breyer dissent)
Issue: Is Title I of ADA a valid exercise of § 5 power and thus a
permissible basis for suing state governments?
"Strong measures appropriate to address on harm [racial
discrimination] may be an unwarranted response to another, lesser one
[religious discrimination]..." ---------CORRECT ANSWER-----------------City
of Boerne v. Flores (1997) (Kennedy) Court overturns RFRA b/c
impermissible use of § 5 power
Sharply limited scope of Congress's power under §5 of 14th A. May only
provide remedies for rights recognize by courts can not create new
rights/expand scope of existing rights.
,Any legislation preventing or remedying these rights must be
"congruent" and "proportional" to the constitutional violation. "There
must be a congruence and proportionality between the injury to be
prevented or remedied and the means adopted to that end." ---------
CORRECT ANSWER-----------------City of Boerne v. Flores (1997)
(Kennedy) Court overturns RFRA b/c impermissible use of § 5 power
"If Congress could define its own powers by altering the 14th A's
meaning, no longer would the constitution be 'superior paramount law,
unchangeable by ordinary means,'" ---------CORRECT ANSWER--------------
---City of Boerne v. Flores (1997) (Kennedy) Court overturns RFRA b/c
impermissible use of § 5 power
tantamount to allowing the 14th A to swallow the State's
constitutionally ordained primary authority in this field. ---------
CORRECT ANSWER-----------------Katzenbach v. Morgan (1966) (Brennan)
partially overturns Lassiter
Congress may independently interpret Constitution and even overturn
SC.
Harlan Dissent
- "It was for Congress to assess and weigh the various conflicting
considerations—the risk of pervasiveness of the discrimination in
, governmental services, the effectiveness of eliminating the adequacy or
availability of alternative remedies, and the nature and significance of
the state interest that would be affected..." ---------CORRECT ANSWER---
--------------Katzenbach v. Morgan (1966) (Brennan) partially overturns
Lassiter
Congress may independently interpret Constitution and even overturn
SC. The Court will use RBR in reviewing such legislation.
"States are not the sole intended beneficiaries of federalism. An
individual has a direct interest in objecting to laws that upset the
constitutional balance between the National Government and the
States when the enforcement of those laws causes injury that is
concrete, particular, and redressable." ---------CORRECT ANSWER---------
--------Bond v. U.S. (2011): found individual had standing to raise 10th A
objections to a statute enacted to implement the Chemical Weapons
(the federal statute did not apply to plaintiff's actions).
When Congress exercises its powers, "it may impose affirmative
obligations on executive and judicial officers of state and local
governments as well as ordinary citizens."
- Congress's decision "to impose modest burdens on state officials from
time to time reflect a considered judgment that the people in each of
the States will benefit therefrom." ---------CORRECT ANSWER---------------
--Printz v. U.S. (1997)(Scalia)
Stevens dissent
