Strict Scrutiny Overreach
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
21147_stolen-bible-ads · CONSTITUTIONAL_LAW · Choice AThe challenge fails because statutes punishing stolen-property trafficking are presumptively valid and courts generally defer to legislative judgments about crime control.
Why it's attractive
The choice ignores the First Amendment commercial-speech frame in the call.
Why it's wrong
The choice ignores the First Amendment commercial-speech frame in the call.
21147_stolen-bible-ads · CONSTITUTIONAL_LAW · Choice CThe statute is unconstitutional because the state has not shown that banning stolen-goods advertisements directly and materially advances the interest in reducing trafficking.
Why it's attractive
The choice starts at later Central Hudson prongs before the ad clears the lawful-activity gate.
Why it's wrong
The choice starts at later Central Hudson prongs before the ad clears the lawful-activity gate.
21147_stolen-bible-ads · CONSTITUTIONAL_LAW · Choice DThe statute is unconstitutional because speech remains protected even when the proposed sale is illegal, and the government must satisfy strict scrutiny before restricting any communication.
Why it's attractive
The choice says illegality does not matter, which contradicts the taught Gold Key.
Why it's wrong
The choice says illegality does not matter, which contradicts the taught Gold Key.
22719_pauls_tidepool_permit · CONSTITUTIONAL_LAW · Choice BYes, because charging nonresident children more for the permit violates the Privileges and Immunities Clause.
Why it's attractive
It sees nonresident discrimination but skips the activity-type limit.
Why it's wrong
It sees nonresident discrimination but skips the activity-type limit.
22719_pauls_tidepool_permit · CONSTITUTIONAL_LAW · Choice CNo, because improving children's health is a compelling state interest.
Why it's attractive
It uses strict-scrutiny language when the item is in rational-basis territory.
Why it's wrong
It uses strict-scrutiny language when the item is in rational-basis territory.
22719_pauls_tidepool_permit · CONSTITUTIONAL_LAW · Choice DYes, because the law denies equal protection by treating nonresident children differently from resident children.
Why it's attractive
It stops after noticing different treatment and never asks the level of review.
Why it's wrong
It stops after noticing different treatment and never asks the level of review.
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