Question

A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles of:
a. the commerce clause.
b. the equal protection clause.
c. the due process clause.
d. the First Amendment.

Answer 1

Answer:

c. the due process clause.    

Explanation:

A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles of the due process clause. The due process clause prohibits the government from instilling punishment by depriving an individual of life, liberty or property without following fair legal procedures or sanctions of the law, it emphasizes that fair and due processes should be followed in the administration of justice. The court will likely review the status under the due process clause to see if the state followed due process in administering the new statute or punishment.