Constitutional Restrictions on Power Over Individuals

Question 1

What does the 14th Amendment do?

Answer 1

it prohibits states from depriving a person of life, liberty or property without due process of law and equal protection of law.

Question 2

What does the 15th Amendment do?

Answer 2

prevents the federal and state governments from denying a citizen the right to vote on account of race or color.

Question 3

Is private conduct regulated under the 14th and 15th Amendments?

Answer 3

No. State action must be involved.

Question 4

Can Congress create new rights?

Answer 4

No. Sect. 5 of the 14th Amendment prohibits the Congress from creating new rights or expanding existing rights. It can only legislate to enforce court-recognized rights.

Question 5

What is the most effective constitutional method of regulating private conduct?

Answer 5

the commerce clause.

Question 6

Is something considered state action where a private individual performs them, even if the action is one that traditionally the responsibility of the government?

Answer 6

yes.

Question 7

Where a state facilitates, encourages, or authorizes acts of discrimination by private individuals, is it state action?

Answer 7

yes

Question 8

Are states constitutionally required to outlaw discrimination?

Answer 8

No, they simply cannot facilitate, encourage or authorize it.

Question 9

Where a state acquiesces to private discriminatory conduct, is there state action?

Answer 9

No. Mere acquiesence by the state in private conduct is not enough to be state action.