Due Process

Question 1

Does the 14th amendment apply to state or government action?

Answer 1

The Fourteenth Amendment only applies to private action in limited situations, and none of those exceptions are applicable to this fact pattern.

Question 2

Is the general welfare clause and independent power?

Answer 2

The General Welfare Clause is not an independent source of legislative power, but rather a qualification on the spending power.

Question 3

What is the takings clause?

Answer 3

A gov statue that eliminates property investment expectation and economic value. If a statue prevents someone from investing in their land it shall be a taking. The S.C. Does not use a balancing test.

Question 4

What are the types of discrimination under the 14th amendment?

Answer 4

This can be done in one of three ways: (i) facial discrimination; (ii) discriminatory application; or (iii) discriminatory motive. A discriminatory motive can be shown by demonstrating two elements: (i) a statute will have a disproportionate impact on a protected class; and (ii) the statute is a product of a discriminatory purpose. Here, the passage of the statute before desegregation is sufficient to demonstrate that the statute is a product of a discriminatory purpose. Additionally, a showing that segregation is furthered by the distribution of free textbooks to students in the segregated schools will demonstrate a disproportional impact on a protected class. Thus, it can be shown that the statute has a discriminatory motive, and a strict scrutiny review will be triggered.
A is incorrect. The distribution of free textbooks clearly serves a legitimate educational function.
B is incorrect. The state can provide some aid to private schools as long as that aid is not discriminatory.
C is incorrect. Generally, the Constitution only forbids private bias when the function being performed is a traditional and exclusive public function, or when there is significant state involvement.