GMAT Sentence Correction (SC) | Re: Under a provision of the Constitution that was never

"was never applied" is wrong because it's an incorrect tense. Using the past tense implies that the provision can't be applied anymore because it or the constitution doesn't exist anymore. The provision still exists and the Constitution that still stands, so the provision could still be applied. We need to used the present perfect tense "has never been applied" to suggest a beginning in the
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