The restriction on making alcohol for personal use was tested under which constitutional principle?

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Multiple Choice

The restriction on making alcohol for personal use was tested under which constitutional principle?

Substantive due process under the Fourteenth Amendment. Because the Fourteenth Amendment makes the protections of the Bill of Rights applicable to state action, it governs how states may regulate private, domestic conduct. A rule restricting someone from making alcohol for personal use raises questions about whether such a private liberty can be limited by state law, and if so, whether the limitation is justified. The other amendments address different realms—speech and religion, searches and seizures, or punishment—rather than the private conduct inside the home, so they aren’t the relevant framework here.

Substantive due process under the Fourteenth Amendment. Because the Fourteenth Amendment makes the protections of the Bill of Rights applicable to state action, it governs how states may regulate private, domestic conduct. A rule restricting someone from making alcohol for personal use raises questions about whether such a private liberty can be limited by state law, and if so, whether the limitation is justified. The other amendments address different realms—speech and religion, searches and seizures, or punishment—rather than the private conduct inside the home, so they aren’t the relevant framework here.

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