Constitutional Framework for Protection of Individual Liberties

Question 1

Constitutional Restrictions on Power Over Individuals

Answer 1

• other than 13th Am, Con regulates only gov action
• generally DOESN’T regulate private action
• sets minimum of threshold rights -> states generally free to grant broader rights than those granted by Con

Question 2

Bill of Rights - Instances Where Not Applied to States

Answer 2

• 14th Am DP applies almost all of BOR to states

Exceptions to incorporation:
1) 5th Am’s prohibition of crim trial w/o grand jury indictment
2) 7th Am right to jury trial in civil cases

Question 3

Thirteenth Amendment

Answer 3

• prohibits slavery + involuntary servitude
• under its Enforcement Clause, Congress can prohibit racially discriminatory action by anyone (including private citizens)

Question 4

14th + 15th Ams

Answer 4

• 14th Am prevents states from depriving any person of life, liberty, or property w/o due process + equal protection of law
• 15th Am prevents both fed + state govs from denying citizen right to vote on account of race or color
• generally, these ams only apply to STATE ACTION (not private action)

Question 5

Scope of Congressional Power Under 14th Am

Answer 5

• Section 5 of 14th Am gives Congress power to adopt appropriate legislation to enforce rights + guarantees provided by 14th Am
• Congress can’t expand existing con rights or create new ones though -> may only enact laws to prevent or remedy violation of rights already recognized by the courts

Question 6

Section 5 of 14th Am - Test Under Which Laws Evaluated

Answer 6

• to adopt a valid law, Congress needs to point to a history or pattern of state violation of such rights + adopt legislation that is congruent + proportional to solving the identified violation

Question 7

Rights of National Citizenship

Answer 7

• Congress has inherent power to protect rights of citizenship under Section 5 of the 14th Am (to enforce guarantee of the privileges or immunities of citizens of US)

Question 8

State Action Requirement

Answer 8

• b/c Con generally applies only to gov action, to show a con violation “state action” must be involved
• concept applies to gov and gov officers at all levels
• can be found in actions of seemingly private indivs who perform exclusive public functions or have significant state involvement

Question 9

State Action - Exclusive Public Functions

Answer 9

• activities that are so traditionally the exclusive prerogative of the state are state action no matter who performs them

Question 10

State Action - Significant State Involvement - Facilitating Private Action

Answer 10

• state action also exists wherever a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens, or where there is sufficient entwinement between the state and private party
  -> note that mere acquiescence is not enough though

Question 11

Rational Basis

Answer 11

• applies to regs that do NOT affect fundamental rights or involve suspect or quasi-suspect classifications
• law upheld if rationally related to a legitimate government purpose
  -> valid unless arbitrary or irrational
• person challenging the law has the burden of proof

Question 12

Intermediate Scrutiny

Answer 12

• applies to regs involving quasi-suspect classifications (gender and legitimacy)
• law upheld if substantially related to an important gov purpose
• courts usually place burden of proof on gov, though book notes a bit unclear

Question 13

Strict Scrutiny

Answer 13

• applies to regs that affect fundamental rights or involve suspect classifications (race, national origin, + alienage)
• law upheld if necessary (least restrictive means) to achieve a compelling gov purpose
  -> sometimes also phrased as “narrowly tailored to achieve an overriding gov purpose” on exam
• gov has burden of proof