Commerce Clause Overreach
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
22590_good_neighbor_shuttle · CONSTITUTIONAL_LAW · Choice BDeny the motion, because Article I, Section 10 prohibits ex post facto laws.
Why it's attractive
answers whether a penalty would be illegal, not whether the claim can be heard now
Why it's wrong
answers whether a penalty would be illegal, not whether the claim can be heard now
22590_good_neighbor_shuttle · CONSTITUTIONAL_LAW · Choice CGrant the motion, because no state court has yet ruled on the city's shuttle program.
Why it's attractive
adds a state-court prerequisite not present in the stem or rule
Why it's wrong
adds a state-court prerequisite not present in the stem or rule
22590_good_neighbor_shuttle · CONSTITUTIONAL_LAW · Choice DDeny the motion, because the city program affects companies that operate in interstate commerce.
Why it's attractive
points to a possible merits theory but skips the timing defect
Why it's wrong
points to a possible merits theory but skips the timing defect
22591_cedar_dove_preserve · CONSTITUTIONAL_LAW · Choice AAs applied, the state statute violates the Obligation of Contracts Clause of the United States Constitution.
Why it's attractive
uses the contract fact but misses federal supremacy
Why it's wrong
uses the contract fact but misses federal supremacy
22591_cedar_dove_preserve · CONSTITUTIONAL_LAW · Choice BOnly the federal government may declare a species to be endangered.
Why it's attractive
the word only makes the answer too absolute
Why it's wrong
the word only makes the answer too absolute
22591_cedar_dove_preserve · CONSTITUTIONAL_LAW · Choice DAs applied, the state statute unduly interferes with interstate commerce.
Why it's attractive
uses the out-of-state fact but misses the federal-land conflict
Why it's wrong
uses the out-of-state fact but misses the federal-land conflict
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