Con Law MEE Rule Statements Flashcards
The equal protection clause of the 14th amendment applies
only to governmental action
To trigger constitutional protections,
state action is required
A private entity’s conduct must constitute
state action in order for protections under the equal protection clause of the 14th amendment to apply
State action may be considered to exist when
private parties carry out traditional governmental functions or if there is a significant state involvement in the activities
Discrimination based on gender is discrimination based on a
quasi suspect classification and is judged under the intermediate scrutiny standard
In applying the intermediate scrutiny standard, the burden is on the
state to show that its different treatment of the sexes is substantially related to an important government interest and that an “exceedingly persuasive justification” exists for the distinction.
The constitution generally protects against wrongful conduct by the
government, not private parties.
A private person’s conduct must
constitute state action in order for protections to apply.
State action is found when
a private person carries on activities that are traditionally performed exclusively by the state, such as running primary elections or governing a company town.
The first amendment is applicable to
the states through the 14th amendment and protects the freedom of speech as well as the freedom not to speak.
The first amendment protects the
freedom of speech.
Protected speech can include
written, oral, and visual communication, as well as activities such as picketing and leafleting.
The government’s ability to regulate speech depends on
the forum in which the speech takes place.
A traditional public forum is one that is
historically associated with expression, such as sidewalks, streets, and parks.
In a traditional public forum, the government may only regulate speech if the restrictions:
1) are content-neutral as to both subject matter and viewpoint
2) are narrowly tailored to serve a significant governmental interest and
3) leave open ample alternative channels for communication.
The equal protection clause of the 14th amendment provides that
“no state shall deny to any person within its jurisdiction the equal protection of the laws.” This clause applies only to states and localities.
Laws classifying on the basis of age are reviewed under the
rational basis standard
A law passes the rational basis standard of review if it is
rationally related to a legitimate governmental interest, a test of minimal scrutiny. It is not required that there is actually a link between the means selected and a legitimate objective. However, the legislature must reasonably believe there is a link.
The federal government may exercise only those powers
specifically enumerated by the constitution.
The 14th amendment, section 5 enabling clause permits congress to
pass legislation to enforce the equal protection and due process rights guaranteed by the amendment, but not to expand those rights or create new ones.
In enforcing such rights guaranteed by the 14th amendment, section 5 enabling clause, there must be a
“congruence and proportionality” between the injury to be prevented or remedied and the means adopted to achieve that end.
Although congress may override state government action that
infringes upon 14th amendment rights if the congruence and proportionality test is satisfied, its enforcement power would not stretch to prohibit a law that does not violate the constitution.
