2025/2026/REAL EXAM WITH ALL COMPLETE
QUESTIONS WITH DETAILED CORRECT ANSWERS
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WV CON LAW
Pass the WV Constitutional Law Exam 2025/2026 with confidence. This
exam resource features questions in areas like: state and federal
constitutional principles, individual rights, government structure, and
judicial processes. Ideal to law students and legal professionals in West
Virginia.
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
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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
- "...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
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"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)
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"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
"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