WV CON LAW EXAM NEWEST 2025/2026 ACTUAL EXAM WITH
COMPLETE QUESTIONS AND CORRECT DETAILED ANSWERS (100%
VERIFIED ANSWERS) |ALREADY GRADED A+| ||PROFESSOR
VERIFIED||
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
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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)
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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
"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
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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