Constitutional Claim Against A Private Actor
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
18457_lydia_book_club · CONSTITUTIONAL_LAW · Choice AStrict scrutiny applies because the book club uses race or ethnicity in its membership criteria.
Why it's attractive
The student skips the state-action threshold and goes straight to the scrutiny tier. The Gold Key tells the student that the threshold problem is state action, and the scrutiny tier is reached only after state action is established.
Why it's wrong
The student skips the state-action threshold and goes straight to the scrutiny tier. The Gold Key tells the student that the threshold problem is state action, and the scrutiny tier is reached only after state action is established.
18457_lydia_book_club · CONSTITUTIONAL_LAW · Choice BThe book club loses because the Constitution bans all private discrimination.
Why it's attractive
The student overclaims that the Constitution bans all private discrimination. The Equal Protection Clause requires state action; other constitutional provisions and federal civil-rights statutes may reach some private discrimination, but the EP claim itself requires state action.
Why it's wrong
The student overclaims that the Constitution bans all private discrimination. The Equal Protection Clause requires state action; other constitutional provisions and federal civil-rights statutes may reach some private discrimination, but the EP claim itself requires state action.
18457_lydia_book_club · CONSTITUTIONAL_LAW · Choice DRational basis applies because private clubs receive deference in membership decisions.
Why it's attractive
The student reaches for the 'private clubs receive deference' framing. The constitutional claim fails at state action, not at the scrutiny tier.
Why it's wrong
The student reaches for the 'private clubs receive deference' framing. The constitutional claim fails at state action, not at the scrutiny tier.
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