WV Con Law Exam Newest 2026 With Complete All
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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 that the
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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
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- "...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
3 zones
1. "When the president acts pursuant to an express or
implied authorization of Congress, his authority is at its
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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 the president emergency
powers it will tend to kindle emergencies" - Answer-Steel
Seizure Case (1952)
Jackson Concurrence