4. Type Of Action Governed By The Constitution Flashcards
What must a plaintiff show to demonstrate a constitutional violation by the state or federal government?
The plaintiff must first show that there is governmental action.
Constitutional Rights can be violated ONLY by governmental actors, NOT by private actors.
What does the Fourteenth Amendment state regarding state actions?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
It prohibits deprivation of life, liberty, or property without due process and ensures equal protection of the laws.
What does the Fifteenth Amendment empower Congress to do?
Congress may pass appropriate legislation to enforce voting rights associated with racial discrimination.
This includes legislation to preserve the integrity of voter registration.
Can private actors violate the Bill of Rights?
No, private actors cannot violate the Bill of Rights and other constitutional amendments that constrain the federal government.
These amendments only bind the federal government.
Under what two theories can state action be found in the actions of private actors?
- Public function theory: where a private entity is carrying on activities traditionally and exclusively performed by the government; or
- Significant state involvement, endorsement, or encouragement theory: where the government and private entity are so closely related that the action by the private party fairly can be treated as action by the government.
What is required for state action to be found in private entity actions?
The state must be significantly involved in the private entity.
Merely granting a license or providing essential services is insufficient.
What is an example of state action under the public function theory?
When a company runs a ‘company town’ with privately-owned streets that are equivalent to city streets.
The Constitution applies to it as if it were a public entity.
What does the Thirteenth Amendment prohibit?
The Thirteenth Amendment prohibits slavery and involuntary servitude.
It applies to both state action and private action.
What does the Supremacy Clause state?
Federal law controls over state law if conflicting with state law or enacted by Congress with the intention of preempting state law and occupying the field.
What factors do courts consider to determine if Congress intends to occupy a field?
- Whether the federal scheme is comprehensive
- Whether there is a need for a uniform regulatory scheme
What are the three factors that determine if state law indirectly conflicts with federal law?
- Whether the subject needs to be uniformly enforced
- Whether the federal regulatory scheme is pervasive
* Whether the state law would obstruct the full accomplishment of federal purpose
What can states do if Congress does not intend to occupy a field?
States may enact similar legislation if not otherwise preempted by federal law.
Are states allowed to enact more stringent standards than federal law?
Yes, states are free to enact more stringent standards when Congress establishes minimum standards.
This applies to areas like health and safety requirements.
