All Unfair Classifications Get Heightened Scrutiny
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
14242_lydia_linen_kiosk · CONSTITUTIONAL_LAW · Choice BUnconstitutional, because economic benefits or burdens imposed by legislatures through grandfather provisions have consistently been declared per se violations of the Equal Protection Clause of the Fourteenth Amendment.
Why it's attractive
The absolute phrase 'consistently been declared invalid' is too strong for economic grandfather lines.
Why it's wrong
The absolute phrase 'consistently been declared invalid' is too strong for economic grandfather lines.
14242_lydia_linen_kiosk · CONSTITUTIONAL_LAW · Choice CConstitutional, because it is narrowly tailored to implement the city's compelling interest in reducing pedestrian congestion and therefore satisfies the strict scrutiny test applicable to such cases.
Why it's attractive
The answer uses strict scrutiny even though the stem shows an ordinary commercial classification.
Why it's wrong
The answer uses strict scrutiny even though the stem shows an ordinary commercial classification.
14242_lydia_linen_kiosk · CONSTITUTIONAL_LAW · Choice DUnconstitutional, because the relationship between the legitimate purpose of the ordinance and the conduct it regulates is so tenuous and underinclusive that the ordinance fails the substantial relationship test applicable to such cases.
Why it's attractive
The answer treats underinclusiveness as decisive under substantial-relationship review, but the item routes to rational basis.
Why it's wrong
The answer treats underinclusiveness as decisive under substantial-relationship review, but the item routes to rational basis.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →