All Zoning Gets Rational Basis
This trap appears as a wrong-answer choice in 2 active questions. 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 Law2
Example wrong choices
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice AUnconstitutional, because the burden was on the city to demonstrate that this condition was necessary to vindicate a compelling governmental interest, and the city failed to meet that burden.
Why it's attractive
Strict scrutiny language answers a neighboring constitutional question, not this exaction.
Why it's wrong
Strict scrutiny language answers a neighboring constitutional question, not this exaction.
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice CConstitutional, because the burden was on Daniel to demonstrate that there was no rational relationship between this condition and a legitimate governmental interest, and Daniel could not do so because the condition is reasonably related to improving the lives of families and children in the city.
Why it's attractive
Rational basis is the wrong lane once the city demands a give-back for a permit.
Why it's wrong
Rational basis is the wrong lane once the city demands a give-back for a permit.
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice DConstitutional, because the burden was on Daniel to demonstrate that this condition was not necessary to vindicate a compelling governmental interest, and Daniel failed to meet that burden.
Why it's attractive
The owner does not carry the city's exaction burden.
Why it's wrong
The owner does not carry the city's exaction burden.
19657_good_samaritan_puppet_loft · CONSTITUTIONAL_LAW · Choice ADisparate impact alone always triggers strict scrutiny.
Why it's attractive
The word alone makes the trigger too broad.
Why it's wrong
The word alone makes the trigger too broad.
19657_good_samaritan_puppet_loft · CONSTITUTIONAL_LAW · Choice BRational basis applies because zoning is local land-use regulation.
Why it's attractive
The land-use label is true only before the race-purpose facts are used.
Why it's wrong
The land-use label is true only before the race-purpose facts are used.
19657_good_samaritan_puppet_loft · CONSTITUTIONAL_LAW · Choice DThe ordinance is protected from heightened scrutiny because it does not classify by race on its face.
Why it's attractive
The answer treats neutral wording as absolute protection even though the stem gives purpose evidence.
Why it's wrong
The answer treats neutral wording as absolute protection even though the stem gives purpose evidence.
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