General Welfare As Power
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
14344_lydia_marketplace · CONSTITUTIONAL_LAW · Choice BNo, because the statute would cover local transactions that are not themselves in interstate commerce.
Why it's attractive
Commerce anxiety does not answer the Thirteenth Amendment enforcement path.
Why it's wrong
Commerce anxiety does not answer the Thirteenth Amendment enforcement path.
14344_lydia_marketplace · CONSTITUTIONAL_LAW · Choice CNo, because regulation of ordinary business dealings is reserved to the states by the Tenth Amendment.
Why it's attractive
Reserved powers do not defeat a power expressly delegated to Congress.
Why it's wrong
Reserved powers do not defeat a power expressly delegated to Congress.
14344_lydia_marketplace · CONSTITUTIONAL_LAW · Choice DYes, because Congress could reasonably view the statute as legislation for the general welfare.
Why it's attractive
The general-welfare phrase is not an independent regulatory power.
Why it's wrong
The general-welfare phrase is not an independent regulatory power.
14365_imitation_honey · CONSTITUTIONAL_LAW · Choice AThe General Welfare Clause.
Why it's attractive
Only choice framed as a purpose-matched catch-all; anchor says it isn't a regulatory power.
Why it's wrong
Only choice framed as a purpose-matched catch-all; anchor says it isn't a regulatory power.
14365_imitation_honey · CONSTITUTIONAL_LAW · Choice BThe enforcement powers of the Fourteenth Amendment.
Why it's attractive
Anchor: Fourteenth Amendment enforcement cannot reach purely private conduct.
Why it's wrong
Anchor: Fourteenth Amendment enforcement cannot reach purely private conduct.
14365_imitation_honey · CONSTITUTIONAL_LAW · Choice DThe spending power.
Why it's attractive
Anchor: no money/condition in the statute, so the spending power doesn't answer this call.
Why it's wrong
Anchor: no money/condition in the statute, so the spending power doesn't answer this call.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →