14th, 15th Amendments

Question 1

14th A

Answer 1

No state shall make any law which shall abridge the privileges or immunities of citizens of the US.
Nor shall a state deprive a citizens of life liberty or property with DP of law
Nor deny any person equal protection of the laws.

Question 2

Scope of amendments

Answer 2

Prohibit govt conduct, not private. State action found if:

1. Private entity is performing activities traditionally and exclusively performed by govt, or
2. Significant state involvement endorsement or encouragement. (Theory where govt and private actions are so closely related that private action can be treated as govt action.)

Question 3

Selective incorporation

Answer 3

Not all of bill of rights applies to states, only those the SC had said apply.
1st all freedoms;
2nd right to bear arms.
4th search and seizures;
5th double jeopardy, self incrimination, just compensation for taking of private property;
6th speedy and public trial, confront witnesses, counsel, jury trial in criminal case;
8th against cruel and unusual punishment.

Question 3

Procedural DP

Answer 3

Must have fair procedures when person could be deprived of life, liberty, or property.
Means notice of some kind and a hearing within a reasonable time.

Question 4

Scope of DP and EP

Answer 4

Protect all persons, not merely citizens.
Includes aliens and corps.
* but corp has no right against self incrimination.

Question 6

Procedures required to meet procedural DP

Answer 6

Consider:

1. Private interests that will be affected by official action,
2. Risk of erroneous deprivation (need to add additional procedures to be extra careful?)
3. How hard it will be for govt to implement the extra procedures.
   * irrebuttable presumptions violate procedural DP.