AP U.S. Government topic quiz4 questions

3.1 The Bill of Rights

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Question 1

Question 1 of 4

Why is the prevailing doctrine called selective rather than total incorporation?

Selective incorporation asks whether particular Bill of Rights guarantees apply to state and local governments through the Fourteenth Amendment. The doctrine did not announce that every provision became binding on the states all at once.
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A. Individual guarantees are incorporated one at a time

Selective incorporation asks whether particular Bill of Rights guarantees apply to state and local governments through the Fourteenth Amendment. The doctrine did not announce that every provision became binding on the states all at once.

Question 2

Question 2 of 4

A privately owned restaurant refuses service because of a customer's race. Which statement most accurately identifies the constitutional and statutory questions?

Equal access and nondiscrimination are civil-rights concerns, but the Fourteenth Amendment ordinarily restrains government rather than purely private conduct. Federal or state civil-rights statutes can reach private businesses, so the legal source must be identified before declaring a constitutional violation.
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B. The claim concerns equal access, and a civil-rights statute may reach the private conduct even though the Fourteenth Amendment ordinarily requires state action

Equal access and nondiscrimination are civil-rights concerns, but the Fourteenth Amendment ordinarily restrains government rather than purely private conduct. Federal or state civil-rights statutes can reach private businesses, so the legal source must be identified before declaring a constitutional violation.

Question 3

Question 3 of 4

A state defends a law that broadly bars licensed handgun carry on private businesses open to the public unless each owner expressly authorizes it. Under the current Second Amendment framework, what must the state do after the conduct falls within the Amendment's plain text?

After textual coverage is shown, the government must demonstrate consistency with the nation's historical tradition through sufficiently representative, relevantly similar analogues. Wolford v. Lopez rejected Hawaii's broad default rule; private owners remain free to exclude firearms themselves.
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C. Identify a representative historical tradition supporting a relevantly similar restriction

After textual coverage is shown, the government must demonstrate consistency with the nation's historical tradition through sufficiently representative, relevantly similar analogues. Wolford v. Lopez rejected Hawaii's broad default rule; private owners remain free to exclude firearms themselves.

Question 4

Question 4 of 4

Congress prohibits racial discrimination by hotels serving interstate travelers. Why can that statute reach a private hotel even though the Fourteenth Amendment ordinarily requires state action?

Congress relied on its power to regulate interstate commerce to reach covered hotels and restaurants even though they were privately owned. A business license does not create Fourteenth Amendment state action, a public-accommodations refusal is not itself compelled labor, a civil penalty is not sustained merely by relabeling it a tax, and use of highways is not the funding condition required for a Spending Clause theory.
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D. Congress may regulate covered commercial activity under the Commerce Clause

Congress relied on its power to regulate interstate commerce to reach covered hotels and restaurants even though they were privately owned. A business license does not create Fourteenth Amendment state action, a public-accommodations refusal is not itself compelled labor, a civil penalty is not sustained merely by relabeling it a tax, and use of highways is not the funding condition required for a Spending Clause theory.

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