Federalism Truism As Constitutional Argument
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
14369_congressional-exception · CONSTITUTIONAL_LAW · Choice ACriminal and quasi-criminal proceedings are traditionally matters of state concern, and state courts are the final arbiters of their own contempt powers.
Why it's attractive
Does this choice explain why CONGRESS has the power? No — it just says states handle criminal law.
Why it's wrong
Does this choice explain why CONGRESS has the power? No — it just says states handle criminal law.
14369_congressional-exception · CONSTITUTIONAL_LAW · Choice BThe proper means of federal judicial review of state quasi-criminal matters is by writ of habeas corpus, not by direct appeal.
Why it's attractive
Is habeas the same as direct appellate review? No. Does this choice say anything about Congress's authority? No.
Why it's wrong
Is habeas the same as direct appellate review? No. Does this choice say anything about Congress's authority? No.
14369_congressional-exception · CONSTITUTIONAL_LAW · Choice DReview of state court contempt orders does not fall within the original jurisdiction of the Supreme Court.
Why it's attractive
The call is about appellate jurisdiction. Does this choice address appellate jurisdiction? No.
Why it's wrong
The call is about appellate jurisdiction. Does this choice address appellate jurisdiction? No.
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