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

Question

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

查看解析

登录即可查看完整答案

类似问题

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

Which of the following equal protection tests is applied to suspect classifications (i.e., race), and is the most difficult for the government to pass?

In equal protection cases, the courts consider the use of racial characteristics by government as a suspect classification.

Which U.S. Supreme Court case overturned Plessy v. Ferguson,ruling that state-imposed segregation in schools violated the equal protection clause of the Fourteenth Amendment?

Plessy v. Ferguson (1896) and Brown v. Board of Education (1954) reveal two different visions of the political value of

In a consumer society, many adults channel creativity into buying things

Economic stress and unpredictable times have resulted in a booming industry for self-help products

People born without creativity never can develop it

更多留学生实用工具

考试浏览器助手

风格化写作助手

论文查重助手

文献引用助手

课堂转译助手

课堂笔记助手

Quiz搜索助手

学校历年真题

智能刷题助手

智能匹配练习

希望你的学习变得更简单

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​

查看解析

登录即可查看完整答案

类似问题

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

Which of the following equal protection tests is applied to suspect classifications (i.e., race), and is the most difficult for the government to pass?

In equal protection cases, the courts consider the use of racial characteristics by government as a suspect classification.

Which U.S. Supreme Court case overturned Plessy v. Ferguson,ruling that state-imposed segregation in schools violated the equal protection clause of the Fourteenth Amendment?

Plessy v. Ferguson (1896) and Brown v. Board of Education (1954) reveal two different visions of the political value of

In a consumer society, many adults channel creativity into buying things

Economic stress and unpredictable times have resulted in a booming industry for self-help products

People born without creativity never can develop it

更多留学生实用工具

希望你的学习变得更简单

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