Constitutional Protection Of Individuals

Question 1

To prove a Constitutional violation, the claimant must show what?

Answer 1

That there’s been a State Action (because the Constitution does not apply to private individuals).

Question 2

When might a private organisation have to comply with the Constitution?

Answer 2

— Private company performing a public function (that was typically performed by the government)

— The Entanglement Exception: the government affirmatively authorities, encourages it facilitates the private company’s unconstitutional behaviour. Requires significant involvement by the government.

Question 3

Does private race discrimination violate the 13th Amendment?

Answer 3

Only slavery may violate the 13th Amendment.

However, private race discrimination can still violate a statute adopted by Congress under the 13th Amendment.

Question 4

What are the two examples of State Action vs. Not State Action when it comes to a public function?

Answer 4

1. Running a town vs. Running a shopping mall

2. Conducting an election vs. Holding a Warehouseman’s lien sale

Question 5

Can government subsidy (for example of a school) amount to State Action in the form of Significant State Involvement, particularly where the funding is very high?

Answer 5

No, government subsidy is insufficient for a finding of State Action, no matter how high the funding.

Question 6

How does the Bill of Rights apply to (1) Federal Government; and (2) to States and local government?

Answer 6

1. Federal government = direct application

2. State government = Through its incorporation into the Due Process Clause of the 14th Amendment

Question 7

What are the 4 exceptions to the incorporation of the Bill of Rights to States?

Answer 7

1. Right not to have a soldier quartered in a person’s home
2. Right to a Grand Jury indictment in criminal cases
3. Right to a jury trial in civil cases (federal courts only)
4. Right not to an excessive fine