Con Law WV Exam | All Questions and Correct
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"The day is gone when the Court uses the DP clause to strike down state laws,
regulatory of business and industrial conditions, b/c they may be unwise,
improvident, or out of harmony w/ a particular school of thought." ---------
CORRECT ANSWER-----------------Williamson v. Lee Optical of Oklahoma (1955)
(Douglas)
"The OK law may exact a needless, wasteful requirement in many cases. But it is
for the legislature, not the courts, to balance the advantages and disadvantages
of the new requirement." ---------CORRECT ANSWER-----------------Williamson v. Lee
Optical of Oklahoma (1955) (Douglas)
- Even in the absence of such aids the existence of facts supporting such
legislative judgments is to be presumed, for regulatory legislation affecting
ordinary commercial transactions is not to be pronounced unconstitutional unless
in light of the facts made known or generally assumed it is of such a character as
to preclude the assumption that it rests upon some rational basis." ---------
CORRECT ANSWER-----------------U.S. v. Carolene Products Co. (1938)(Stone)
"Presumption of constitutionality"
"prejudice against discrete and insular minorities may be a special condition
which tends to seriously curtail operation of political processes ordinarily to be
,relied upon to protect minorities" ---------CORRECT ANSWER-----------------U.S. v.
Carolene Products Co. (1938)(Stone) "Presumption of constitutionality"
"What is this freedom on contract? The Constitution does not speak of freedom
of contract." ---------CORRECT ANSWER-----------------West Coast Hotel v. Parrish
(1937)(CJ Hughes)
"Workers who are in an unequal position w/ respect to bargaining power and are
thus relatively defenseless against the denial of a living wage is not only
detrimental to their health & well being but casts a direct burden for their
support upon the community." ---------CORRECT ANSWER-----------------West Coast
Hotel v. Parrish (1937)(CJ Hughes)
"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." ---------
CORRECT 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." ---------CORRECT 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" ---------CORRECT ANSWER---------------
--McDonald v. City of Chicago (2010) (Alito, Scalia concurrence, Stevens & Breyer
dissents)
incorporated 2nd Amendment through DP
Incorporate those rights that are implicit in the concept of ordered liberty.
"Fundamental to human flourishing" ---------CORRECT 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." ---------CORRECT 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. ---------CORRECT 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") ---------CORRECT
ANSWER-----------------Slaughter-House cases (1873)
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" ---------CORRECT 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. ---------CORRECT ANSWER-----------------
Corfield v. Coryell (1823): P&I = upheld disc.
Answers | Graded A+ | Latest Exam 2026 |
Verified Answers | Brand New Version!
"The day is gone when the Court uses the DP clause to strike down state laws,
regulatory of business and industrial conditions, b/c they may be unwise,
improvident, or out of harmony w/ a particular school of thought." ---------
CORRECT ANSWER-----------------Williamson v. Lee Optical of Oklahoma (1955)
(Douglas)
"The OK law may exact a needless, wasteful requirement in many cases. But it is
for the legislature, not the courts, to balance the advantages and disadvantages
of the new requirement." ---------CORRECT ANSWER-----------------Williamson v. Lee
Optical of Oklahoma (1955) (Douglas)
- Even in the absence of such aids the existence of facts supporting such
legislative judgments is to be presumed, for regulatory legislation affecting
ordinary commercial transactions is not to be pronounced unconstitutional unless
in light of the facts made known or generally assumed it is of such a character as
to preclude the assumption that it rests upon some rational basis." ---------
CORRECT ANSWER-----------------U.S. v. Carolene Products Co. (1938)(Stone)
"Presumption of constitutionality"
"prejudice against discrete and insular minorities may be a special condition
which tends to seriously curtail operation of political processes ordinarily to be
,relied upon to protect minorities" ---------CORRECT ANSWER-----------------U.S. v.
Carolene Products Co. (1938)(Stone) "Presumption of constitutionality"
"What is this freedom on contract? The Constitution does not speak of freedom
of contract." ---------CORRECT ANSWER-----------------West Coast Hotel v. Parrish
(1937)(CJ Hughes)
"Workers who are in an unequal position w/ respect to bargaining power and are
thus relatively defenseless against the denial of a living wage is not only
detrimental to their health & well being but casts a direct burden for their
support upon the community." ---------CORRECT ANSWER-----------------West Coast
Hotel v. Parrish (1937)(CJ Hughes)
"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." ---------
CORRECT 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." ---------CORRECT 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" ---------CORRECT ANSWER---------------
--McDonald v. City of Chicago (2010) (Alito, Scalia concurrence, Stevens & Breyer
dissents)
incorporated 2nd Amendment through DP
Incorporate those rights that are implicit in the concept of ordered liberty.
"Fundamental to human flourishing" ---------CORRECT 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." ---------CORRECT 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. ---------CORRECT 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") ---------CORRECT
ANSWER-----------------Slaughter-House cases (1873)
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" ---------CORRECT 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. ---------CORRECT ANSWER-----------------
Corfield v. Coryell (1823): P&I = upheld disc.
