Strict Scrutiny 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
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice AUnconstitutional, because the burden was on the city to demonstrate that this condition was necessary to vindicate a compelling governmental interest, and the city failed to meet that burden.
Why it's attractive
Strict scrutiny language answers a neighboring constitutional question, not this exaction.
Why it's wrong
Strict scrutiny language answers a neighboring constitutional question, not this exaction.
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice CConstitutional, because the burden was on Daniel to demonstrate that there was no rational relationship between this condition and a legitimate governmental interest, and Daniel could not do so because the condition is reasonably related to improving the lives of families and children in the city.
Why it's attractive
Rational basis is the wrong lane once the city demands a give-back for a permit.
Why it's wrong
Rational basis is the wrong lane once the city demands a give-back for a permit.
14229_daily-bread-depot · CONSTITUTIONAL_LAW · Choice DConstitutional, because the burden was on Daniel to demonstrate that this condition was not necessary to vindicate a compelling governmental interest, and Daniel failed to meet that burden.
Why it's attractive
The owner does not carry the city's exaction burden.
Why it's wrong
The owner does not carry the city's exaction burden.
14342_scripturequest_finals_tax · CONSTITUTIONAL_LAW · Choice Aunconstitutional, because a 48% tax is likely to reduce attendance at championship game tournaments and therefore is not rationally related to Congress's legitimate interest in reducing the federal budget deficit.
Why it's attractive
It assumes reduced attendance defeats revenue fit.
Why it's wrong
It assumes reduced attendance defeats revenue fit.
14342_scripturequest_finals_tax · CONSTITUTIONAL_LAW · Choice Bconstitutional, because the compelling national interest in reducing the federal budget deficit justifies the tax as a temporary emergency measure.
Why it's attractive
It imports compelling-interest review into a federal revenue-tax call.
Why it's wrong
It imports compelling-interest review into a federal revenue-tax call.
14342_scripturequest_finals_tax · CONSTITUTIONAL_LAW · Choice Cunconstitutional, because Congress violates the equal protection component of the Fifth Amendment by singling out championship game tournaments for the tax while leaving other ticketed entertainment events untaxed.
Why it's attractive
It treats not taxing every similar event as constitutional failure.
Why it's wrong
It treats not taxing every similar event as constitutional failure.
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