Absolute Race Rule
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
22609_fire_cadet_consent_decree · CONSTITUTIONAL_LAW · Choice AYes, because the preference violates the Equal Protection Clause.
Why it's attractive
The answer names Equal Protection but does not account for the court-found remedial fact.
Why it's wrong
The answer names Equal Protection but does not account for the court-found remedial fact.
22609_fire_cadet_consent_decree · CONSTITUTIONAL_LAW · Choice CYes, because a public employer may not use race in making hiring decisions.
Why it's attractive
The word 'may not' makes the rule absolute despite the remedial facts in the stem.
Why it's wrong
The word 'may not' makes the rule absolute despite the remedial facts in the stem.
22609_fire_cadet_consent_decree · CONSTITUTIONAL_LAW · Choice DNo, because the preference is necessary to serve a compelling governmental interest.
Why it's attractive
The answer gives strict-scrutiny language but not the stem fact that makes the interest compelling.
Why it's wrong
The answer gives strict-scrutiny language but not the stem fact that makes the interest compelling.
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