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MisconceptionObserved in bank

Anything Appropriate Is Np

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

  • 17281_hospitality_course · CONSTITUTIONAL_LAW · Choice AThe statute is valid because anything useful to the national community is necessary and proper.

    Why it's attractive

    the N&P Clause is a 'carry into execution' clause, not a stand-alone utility grant; on these facts, no other enumerated power is identified

    Why it's wrong

    the N&P Clause is a 'carry into execution' clause, not a stand-alone utility grant; on these facts, no other enumerated power is identified

  • 17281_hospitality_course · CONSTITUTIONAL_LAW · Choice BThe statute is valid because Congress has a general police power over community welfare.

    Why it's attractive

    federalism fundamentals; the federal government is a government of enumerated powers, not of general welfare

    Why it's wrong

    federalism fundamentals; the federal government is a government of enumerated powers, not of general welfare

  • 17281_hospitality_course · CONSTITUTIONAL_LAW · Choice CThe statute is invalid only if it discriminates by viewpoint.

    Why it's attractive

    a statute can have multiple independent constitutional defects; a single defect is sufficient to invalidate it; the structural missing-enumerated-power objection is the cleanest, most fundamental defect

    Why it's wrong

    a statute can have multiple independent constitutional defects; a single defect is sufficient to invalidate it; the structural missing-enumerated-power objection is the cleanest, most fundamental defect

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Anything Appropriate Is Np — Trap Taxonomy | BarMatrix