Due Process Makes Every Property Loss By A State Employee A Constitutional Violation
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
17163_permit_fee_ledger · CONSTITUTIONAL_LAW · Choice AStrict scrutiny applies, because permit fees burden travel within the state.
Why it's attractive
Strict scrutiny is reserved for fundamental rights and suspect classifications; a $75 permit fee is neither.
Why it's wrong
Strict scrutiny is reserved for fundamental rights and suspect classifications; a $75 permit fee is neither.
17163_permit_fee_ledger · CONSTITUTIONAL_LAW · Choice BThe clerk must receive a hearing before the applicant can sue.
Why it's attractive
The call asks about the applicant's due process rights, not the clerk's employment process.
Why it's wrong
The call asks about the applicant's due process rights, not the clerk's employment process.
17163_permit_fee_ledger · CONSTITUTIONAL_LAW · Choice DEvery property loss by a state employee is a due process violation.
Why it's attractive
The Due Process Clause targets wrongful state action, not every careless loss. Visible from the stem: 'accidentally dropped' is paradigmatic negligence.
Why it's wrong
The Due Process Clause targets wrongful state action, not every careless loss. Visible from the stem: 'accidentally dropped' is paradigmatic negligence.
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