Constitution's Protection of Individual Liberties

Question 1

Congress applying constitutional norms to private conduct

Answer 1

Congress, by statute, may apply constitutional norms to private conduct (e.g., The Thirteenth Amendment can be used to prohibit private race discrimination)

NOTE: 13A authorizes Congress to adopt laws that combat race discrimination. D typically does not VIOLATE the 13A (which prohibits slavery)

Question 2

What can Congress NOT use to regulate private conduct?

Answer 2

Congress cannot use section 5 of the Fourteenth Amendment to regulate private behavior

Question 3

When MUST private conduct comply with the constitution?

Answer 3

The public function exception
- The Constitution applies if a private entity is performing a task traditionally exclusively done by the government.

The entanglement exception.
- The Constitution applies if the government affirmatively authorizes, encourages, or facilitates unconstitutional activity.

Question 4

Application of the Bill of Rights to the States

Answer 4

The Bill of Rights applies directly only to the federal government

The Bill of Rights is applied to state and local governments through its incorporation into the due process clause of the Fourteenth Amendment.

EXCEPT
- 3A right to not have a soldier quartered in a person’s home.
- 5A right to grand jury indictment in criminal cases.
- 7A right to jury trial in civil cases

Question 5

Rational Basis Tes

Answer 5

Under the rational basis test a law is upheld if it is rationally related to a legitimate government purpose

Question 6

Intermediate Scrutiny

Answer 6

Under intermediate scrutiny a law is upheld if it is substantially related to an important government purpose.

Question 7

Strict scrutiny

Answer 7

Under strict scrutiny a law is upheld if it is necessary to achieve a compelling government purpose.