Always Wrong Answers Flashcards
14th Amendment
is a limitation on state power not federal power. 5th amendment due process provides equal protection guarantees for federal government actions.
Necessary and Proper Clause
by itself is always a wrong answer, must be linked to another power.
Privileges and immunities of the 14th Amendment
may have privileges and immunities of Article 4
Congress cannot
delegate authority to administrative agencies
An answer choice stating that the power is
reserved to the states under the 10th amendment (98% of the time wrong).
Congress does not have the power to legislate for general welfare
states can
Congress does not have the power to act under its police power
State do. Exception for DC and federal land
An answer choice that states that plaintiff has a “right” and not a “privilege”
terminology no longer used by courts.
Ex post facto clause
will be the wrong answer when it relates to non-criminal statutes.
An answer choice that states that…
State statute is unconstitutional because it places a burden on commerce (too broad).
An answer that invalidates legislation based on federal government’s contract clause
the contract clause is only for the states.
Answer choice that states that…
President violates duty to see that the laws are faithfully executed.
An answer choice that dismisses a suit because…
it is a political question (95% of the time wrong answer).
