- | P a g e
WV Con Law Exam Newest 2025/2026 With Complete All Questions And Correct Answers |Already Graded A+||Brand New Version!|
"there is not closed class or category of businesses affected w/ a public interest, and the function of courts... is to determine in each case whether the circumstances vindicate the challenged regulation as a reasonable exertion of government authority or condemn it as arbitrary or discriminatory." - ANSWER-Nebbia v. New York (1934) (Roberts)
New Test: RBR, only U/C if arbitrary/discriminatory/irrelevant
"But a constitution is not intended to embody a particular economic theory, whether of paternalism and the organic relation of the citizen to the State or of laissez faire." - ANSWER-Lochner v. New York (1905) (Peckman, Harlan & Holmes dissent) Holmes dissent
"question of rights protected by 14th amendment against state infringement has been analyzed under DP and not under P&I" - ANSWER-McDonald v. City of Chicago (2010) (Alito, Scalia concurrence, Stevens & Breyer dissents) incorporated 2nd Amendment through DP 1 / 4
- | P a g e
Incorporate those rights that are implicit in the concept of ordered liberty. "Fundamental to human flourishing" - ANSWER-Palko
(Cardozo): selective incorporation - double jeopardy
the "personal rights safeguarded in the first eight amendments", "not because those rights are enumerated in the 1st 8th amendments but because they are of such a nature that they are included in the conception of due process of law" Test is whether right was "fundamental principle of liberty and justice which inheres in the very idea of free government and is inalienable right of a citizen of such a government." - ANSWER- Twining v. NJ
"vain and idle enactment which accomplished nothing and most unnecessarily excited Congress and the people on its passage" The right to "pursue lawful employment in a lawful manner" is a natural right that belongs to citizens of all free governments. - ANSWER- Slaughter-House cases (1873) Field Dissent
("no question so far reaching and pervading in their consequences, so profoundly interesting to the people of this country and so important in their bearing upon the relations of the US and of the several states have been before this court during the official life" "one pervading purpose...the freedom of the slave race...and the protection of the newly- freeman and citizen") - ANSWER-Slaughter-House cases (1873) 2 / 4
- | P a g e
Reconstruction As enacted with purpose of providing protections for newly freed men Narrow interpretation of each provision (including 14th A) and rejected DPC to protect a right to practice one's trade. These both have been overruled but not holding on application of P&I to BOR.
fuse a collection of states into 1 nation. Applies when a p or I is burdened. Must be substantial reason for difference in treatment.Nonresidents must "constitute a peculiar source of evil" - ANSWER-US Construction Council v Mayor of Camden
what are the P&I of the citizens in the several states? Confining to those that are fundamental; which belong of right to the citizens of all free governments, and which have at all times been enjoyed by citizens of the several states...it would be more tedious than difficult to enumerate. -
ANSWER-Corfield v. Coryell (1823): P&I = upheld disc.
"Classifications based solely upon race must be scrutinized w/ particular care, since they are contrary to our traditions and hence constitutionally
suspect." - ANSWER-Bolling v. Sharpe (1954): Court applies Brown to
DC school by holding that EP applies to federal government through the DP clause of the 5th A.
"Segregation in public schools is not reasonably related to any proper governmental objective, and thus...imposes...a burden that constitutes an arbitrary deprivation of [] liberty in violation of the DP clause."/unthinkable - ANSWER-Bolling v. Sharpe (1954): Court 3 / 4
- | P a g e
applies Brown to DC school by holding that EP applies to federal government through the DP clause of the 5th A.
"we now know that separating people by race creates harm that will be unlikely to ever be undone" - ANSWER-Brown v. Board of Education (1954) (Warren) footnote 11 - doll study.
"we reject the notion that the mere equal application of a statute concerning racial classifications is enough to remove the classifications from the 14th A's proscription of all individual discriminations." -
ANSWER-Loving v. Virginia (1967): Court found VA's ban on
interracial marriage to be unconstitutional as violating DP and EP. Court found marriage was a fundamental right not to be infringed by the states, especially not by laws clearly enacted w/ discriminatory purposes
"If facilities are provided, substantial equality of treatment of persons traveling under like conditions cannot be refused." - ANSWER-McCabe
- Atchison Railway (1914) presumes constitutionality of segregation
"What can more certainly arouse racial hatred [and] create and perpetuate a feeling of distrust between these races, than state enactments which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches than white citizens?" - ANSWER-Plessy v. Ferguson (1896) (Brown, Harlan dissent) political v SOCIAL right
- / 4