Constitutional Frameworks for Protections of Individual Liberties

Question 1

Fourteenth Amendment

Answer 1

Prevents STATES from depriving any person of life, liberty, or property without due process and equal protection of law.
-Private conduct is not prohibited; requires state action

Question 2

State Action Requirement

Answer 2

A state action by a government or government officer is required for a constitutional violation

State action can be found in actions of seemingly private individuals who:
-perform exclusive public functions; or
-have significant state involvement

Question 3

Exclusive Public Function (state action)

Answer 3

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

State action: running a town or conducting an election
Not: running a shopping mall or holding a warehouseman’s lien sale

Question 4

Significant State Involvement (state action)

Answer 4

A state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens, or where there is sufficient entwinement between state and private party
-Mere acquiesce by the state in private conduct is not sufficient

State action: enforcing restrictive covenants prohibiting sale or lease of property through use of state courts; leasing premises to a discriminatory lessee where state benefits from the discrimination; allowing state official to act in discriminatory manner; administering a private discriminatory trust by public officials

Not: granting a license and providing essential services to a private club; granting a monopoly to a utility; heavily regulating an industry; granting a corporation its charter

Question 5

Rational Basis (minimal scrutiny)

Answer 5

Law is upheld if it is rationally related to a legitimate government purpose
-Law is upheld unless it is arbitrary or irrational

Applies to regulations that do not affect fundamental rights or involve suspect or quasi-suspect classifications

Person challenging the law has the burden of proof

Question 6

Intermediate Scrutiny

Answer 6

Law is upheld if it is substantially related to an important government interest

Applies to regulations involving quasi-suspect classifications
-Gender and legitimacy

Courts usually place the burden on the government

Question 7

Strict Scrutiny

Answer 7

Law is upheld only if it is necessary (least restrictive means) to achieve a compelling government interest
-Difficult test to meet

Applies to regulations affecting fundamental rights or involving suspect classifications
-Right to interstate travel, voting, or First Amendment rights
-Race, national origin, or alienage (if state regulation)

Government has burden of proof