Absolute Privilege
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Constitutional Law1
Example wrong choices
19038_upper_room_audio_log · CONSTITUTIONAL_LAW · Choice AThe privilege cannot be asserted at all because no clause of the Constitution uses the words "executive privilege."
Why it's attractive
The answer denies the privilege completely instead of answering whether a qualified privilege yields.
Why it's wrong
The answer denies the privilege completely instead of answering whether a qualified privilege yields.
19038_upper_room_audio_log · CONSTITUTIONAL_LAW · Choice BThe subpoena is nonjusticiable because courts may never review a President's refusal to turn over confidential communications.
Why it's attractive
The answer uses an absolute 'may never' rule.
Why it's wrong
The answer uses an absolute 'may never' rule.
19038_upper_room_audio_log · CONSTITUTIONAL_LAW · Choice DThe privilege automatically blocks the subpoena because confidential presidential advice is absolutely protected.
Why it's attractive
The answer turns confidentiality into an automatic shield.
Why it's wrong
The answer turns confidentiality into an automatic shield.
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