Constitutional Framework for Protection of Individual Liberties Flashcards
Generally, because the Constitution generally applies only to governmental action, state action is required to a show a constitutional violation. However, state action can be found in actions of seemingly private individuals who: (2 things)
(1) Perform exclusive public functions, or
(2) Have significant state involement
In the context of the state action requirement, what are “exclusive public functions”?
Activities that are so traditionally the exclusive prerogative of the state are state action no matter who performs them (e.g., running elections).
HYPO: A company runs a “company town” (that is, a community in which an employer provides a place for employees to live which includes most of the features a city or town would have, such as police and fire protection, schools, parks, and so on). Is there state action when the company prohibits minorities from using the town park?
Yes. A park is something traditionally provided and exclusively run by the government. Therefore the Constitution governs what the company can do with the park.
HYPO: A company runs a shopping mall and excludes speakers it doesn’t like. Is there state action here?
No. Running a shopping mall is not an exclusive or traditional state function.
HYPO: A state privatizes prisons. Is there state action in a private company running the prisons?
Yes. Prisons are traditionally and exclusively run by the state.
State action exists: (2 things)
(1) Wherever a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens, or
(2) Where there is sufficient entwinement between the state and private party
HYPO: A state court enforces a racially restrictive covenant. Is there state action here?
Yes. Even though these are private contracts, the power of the state judiciary is what gave the restriction public enforcement muscle.
HYPO: An officer targets minorities contrary to department policy. Is there state action here?
Yes. A government official acting in their official capacity is a state actor, regardless of whether or not they’re following or disobeying policy set by their department or by the law.
HYPO: A state leases a premises to a restaurant that racially discriminates. Is there state action here?
Yes. There is significant state involvement because, as a landlord, the state has oversight and say on what occurs on its premises.
HYPO: A state grants a liquor license to a private club that racially discriminates. Is there state action here?
No. When the state generally is regulating or licensing private businesses, there is not enough state involvement to satisfy the state action requirement.
HYPO: The NCAA, a voluntary association of public and private universities that regulates collegiate sports, ordered the firing of a state college coach. Is there state action here?
No. The mere fact that an organization has some members that are government actors does not convert the organization to the government.
HYPO: A voluntary association of mostly public and some private high schools, and run mainly by public school officials during school hours, regulates sports within a state. Is there state action here?
Yes. Most of the schools are public, and the association is run by public school officials. There is substantial entwinement between the association and state actors.
Explain the rational basis standard of review, the kinds of cases to which it applies, and the relative difficulty of the government meeting the standard.
A law will be upheld if it is rationally related to a legitimate government purpose.
Rational basis review applies to regulations that do not affect fundamental rights or involve suspect or quasi-suspect classifications.
This is a very easy standard to meet; therefore, a law reviewed under the rational basis standard is usually found to be valid—unless it is arbitrary or irrational.
Who has the burden of proof under rational basis review?
The person challenging the law.
Explain the intermediate scrutiny standard of review and the kinds of cases to which it applies.
A law will be upheld if it is substantially related to an important government purpose.
Intermediate scrutiny will be applied to regulations involving quasi-suspect classifications.
