In an effort to reduce traffic, Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

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In an effort to reduce traffic, Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of​

BlackTom AI · Accepted Answer

The question asks which constitutional principle a court would likely apply to a local ordinance that restricts street vending to only a few specific vendors.
Option 1: 'the commerce clause.' While the Commerce Clause concerns regulation of interstate commerce and can impact local laws that burden or discriminate against interstate or out-of-state economic actors, the scenario here focuses on local discrimination among similarly situated vendors rather than interstate trade concerns. Thus this option is not the primary framework for evaluating the ordinance’s validity.
Option 2: 'the equal protection clause.' This is the correct framework because the ordinance treats different vendors differently based on characteristics such as vendor type or status, possibly creating an uneven playing field among similarly situated individuals within the same locale. Courts scrutinize whether such distinctions are justified by legitimate governmental objectives and whether they are narrowly tailored to achieve those objectives.
Option 3: 'the due process clause.' Due process challenges often concern fundamental fairness and notice or procedures, or substantive rights, but here the core issue is whether the government’s classification of vendors is legitimate and not arbitrary, which aligns more with equal protection analysis than heightened due process scrutiny.
Option 4: 'the First Amendment.' While street vending could raise First Amendment concerns if it implicated expressive activity or content-based restrictions, the immediate question of permitting only certain vendors typically engages economic and class-based classifications under equal protection rather than speech rights, unless the case specifically involves expressive conduct.
In summary, the most applicable constitutional lens for evaluating arbitrary or discriminatory licensing and permitting schemes among local vendors is equal protection, which assesses whether the government’s classifications are reasonable, rational, or sufficiently tied to legitimate aims. The other clauses may be involved in narrower or different contexts, but they do not primarily govern the core issue of discriminatory vendor licensing here.

2255-E_34BLAW2080004 Chapter 2 Quiz

In an effort to reduce traffic, Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

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2255-E_34BLAW2080004 Chapter 2 Quiz

In an effort to reduce traffic, Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of​

View Explanation

Log in for full answers

Similar Questions

Which of the following statements accurately summarizes the reasoning for the decision in Baker v. Carr (1962) ?

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In an effort to reduce traffic, Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of