Amendments and Articles

Question 1

Article IV

Answer 1

provisions that bind the states to one another as a
Union:
1. Full Faith and Credit Clause
2. Privileges and Immunities Clause
3. Extradition Clause
4. Fugitive Slave Clause
5. Powers of Congress to admit new states and legislate for
territories
6. Guarantee Clause

Question 2

Art. IV, sec. 2, clause 1

Answer 2

“The Citizens of each State shall be entitled
to all Privileges and Immunities of Citizens in the several States.”
Rule: A state must accord out-of-staters the same fundamental
privileges and immunities (i.e., civil rights) that it gives to its own
citizens.
Note: Out-of-staters do not carry their state’s rights with them
into another state.

Question 3

Art. I, Sec. 2

Answer 3

Three-Fifths Clause

Question 4

Art. I, Sec. 9

Answer 4

Importation Clause

Question 5

Art. IV, Sec. 2

Answer 5

Fugitive Slave Clause: No person held to service or labor in one state,
under the laws thereof, escaping into another,
shall, in consequence of any law or regulation therein,
be discharged from such service or labor,
but shall be delivered up on claim of the party
to whom such service or labor may be due.

Question 6

Thirteenth Amendment (1865)

Answer 6

Forbids slavery and involuntary servitude; Regulates private conduct as well as government action (no state
action requirement). Caused Black Codes in the Southern States and Congress responded with Civil Rights Act of 1866 and proposed
Privileges & Immunities Act of 1866

Question 7

Fourteenth Amendment (1868)

Answer 7

1. Establishes substantive protections (Citizenship, P or I, Due Process, Equal
   Protection Clauses) which can be enforced by courts against state action
   (not federal, not private)
2. Grants legislative power to Congress to enforce these substantive
   protections—especially to ensure constitutionality of Civil Rights Act of 1866. This grant of power to Congress is narrowly applied.

Question 8

Equal Protection Clause

14th Amendment, Section 1

Answer 8

Nor shall any State . . . deny to any
person within its jurisdiction the
equal protection of the laws.

Question 9

13th Am. section 2

Answer 9

Congress shall have power to enforce

this article by appropriate legislation

Question 10

14th Am. section 5

Answer 10

The Congress shall have power to
enforce, by appropriate legislation, the
provisions of this article.

Question 11

State Action Doctrine

Answer 11

Under the 13th AM Congress can generally regulate private action under the Reconstruction Amendement. Under the 14th AM Congress cannot generally regulate private action under Reconstruction Amendments. State Action under the 14th AM (Easy) Law, regulation, court decisions, government acts (Hard) Private Actors harms someone in way that would constitute a constitutional violation if done by government actor and there is reason to impute private harm to the goverment.

Question 12

14th A does NOT apply Bill of Rights to the

states— cases?

Answer 12

Slaughterhouse Cases, Cruikshank

Question 13

14th A applies to state action, not private

action– cases?

Answer 13

Civil Rights Cases

Question 14

14th A applies ONLY to those whose rights

have been violated on account of race—cases?

Answer 14

inferred from Cruikshank

Question 15

14th A prohibits governmental racial

discrimination in any form—cases?

Answer 15

Strauder