Constitutional Protection of Ind. Liberties

Question 1

13th Amendment in Relation to Private Conduct

Answer 1

Can prohibit private race discrimination, and has broad power to adopt laws to enforce

Question 2

Commerce clause in Relation to Private Conduct

Answer 2

Commerce clause power allows Congress to establish constitutional norms to private conduct as it did under 1964 Civil Rights Act (Alabama restaurant that does not serve blacks was not a party of interstate commerce but all of its supplies were)

Question 3

Section 5 of the 14th in Relation to Private Conduct (Section giving enforcement power to 14th)

Answer 3

• Congress cannot use this section to regulate private behavior
• Only applies to state and local government (Equal protection applies to federal government under 5th Amendment Due Process Clause)

Exceptions:
1. Public-function - private entity performs a function traditionally attributed to gov’t
ex. Private entity running a town
2. Entaglement Exception - Gov’t affirms, authorizes or facilitates unconstitutional behavior.
Considered state action under entanglement exception:
1. Allowing enforcement of racially restrictive covenants,
2. gov’t leases premises to restaurant that discriminates,
3. state provides free books to private schools that racially - state action
4. Where a private entity regulates interscholastic sports within a state. ex. State High School Athletic Association

Question 4

Incorporation of Bill of Rights

Answer 4

Bill of Rights apply only to federal gov’t but most are incorporated against the states under the Due Process Clause of the 14th Amendment.

Except:
3rd Amendment right not to quarter
5th Right to a Grand Jury Indictment (states do not have to have - Georgia does)
7th Amendment Right to a jury trial
8th Amendment Excessive Fines

Question 5

Rational Basis

Answer 5

Burden: Challenger
Must show the law is not rationally related to a legitimate gov’t purpose (not rationally related or no legitimate purpose)

Question 6

Intermediate Scrutiny

Answer 6

Burden Gov’t:

• Must show the lawy substantially relates to an important gov’t purpose.
• Means must be narrowly tailored to obtain objective

Question 7

Strict Scrutiny

Answer 7

Burden: Gov’t

-Must show that the law is necessary to acheive a compelling gov’t purpose by the least restrictive means available.