Constitutional Clause Bait
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
14263_good_samaritan_market · CONSTITUTIONAL_LAW · Choice AYes, because the Full Faith and Credit Clause requires the court to enforce the budget section according to its terms.
Why it's attractive
No other-state law, record, or judgment appears in the stem.
Why it's wrong
No other-state law, record, or judgment appears in the stem.
14263_good_samaritan_market · CONSTITUTIONAL_LAW · Choice BNo, because the section attaches consequences to conduct Lydia and Barnabas completed before the section was enacted.
Why it's attractive
Past conduct is visible, but the stem also gives named people, loss of pay, legislature, and no trial.
Why it's wrong
Past conduct is visible, but the stem also gives named people, loss of pay, legislature, and no trial.
14263_good_samaritan_market · CONSTITUTIONAL_LAW · Choice DYes, because the Eleventh Amendment gives the state legislature plenary authority to decide how state funds for the institute will be spent.
Why it's attractive
The answer talks about immunity-style state power instead of the named-person punishment problem.
Why it's wrong
The answer talks about immunity-style state power instead of the named-person punishment problem.
22718_lydia_manna_cart_permit · CONSTITUTIONAL_LAW · Choice ANo, because a food-service permit is a privilege granted by the state.
Why it's attractive
A real state licensing fact is being used to erase a constitutional limit.
Why it's wrong
A real state licensing fact is being used to erase a constitutional limit.
22718_lydia_manna_cart_permit · CONSTITUTIONAL_LAW · Choice BNo, because suspending Lydia's food-service permit is rationally related to her earlier violation of the coffee-cart ban.
Why it's attractive
The answer treats the penalty as ordinary regulation even though the statute itself singles out Lydia.
Why it's wrong
The answer treats the penalty as ordinary regulation even though the statute itself singles out Lydia.
22718_lydia_manna_cart_permit · CONSTITUTIONAL_LAW · Choice DYes, because the new law violates the Privileges and Immunities Clause.
Why it's attractive
State B competition is not discrimination against Lydia as an out-of-state citizen.
Why it's wrong
State B competition is not discrimination against Lydia as an out-of-state citizen.
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