Federal Benefits Power Is Plenary
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
19194_loaves_pages · CONSTITUTIONAL_LAW · Choice AThe statute is subject to strict scrutiny because it discriminates against gay and lesbian persons on the basis of sexual orientation, which is a suspect classification.
Why it's attractive
Strict scrutiny feels like the strongest answer for a law affecting same-sex couples. The breaker is that Windsor did not expressly make sexual orientation a suspect classification.
Why it's wrong
The choice overpromotes Windsor into strict scrutiny based on suspect-class status.
Spot it next time
Ask whether the controlling case actually declared suspect-class status.
19194_loaves_pages · CONSTITUTIONAL_LAW · Choice BThe statute survives rational basis review because Congress has a legitimate interest in using one uniform definition of marriage across federal programs and preserving the traditional definition of marriage.
Why it's attractive
Rational basis plus tradition and uniformity sounds like ordinary Con Law deference. The breaker is the Windsor/Romer Gold Key that bare animus or dignity injury is not legitimate.
Why it's wrong
The choice treats uniformity and tradition as sufficient rational-basis interests even under Windsor/Romer bare-animus facts.
Spot it next time
Check whether the stated interests mask a purpose/effect to demean an identifiable group.
19194_loaves_pages · CONSTITUTIONAL_LAW · Choice CThe statute survives because Congress controls federal benefit programs, and there is no constitutional right to receive a spousal federal benefit.
Why it's attractive
Congress’s control over federal benefit programs sounds like a powerful threshold answer. The breaker is that the call asks Equal Protection classification, not entitlement to the benefit.
Why it's wrong
The choice answers benefits authority and entitlement, not the Equal Protection classification question.
Spot it next time
Restate the call as Equal Protection classification and ask why the line was drawn.
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