Due Process and State Action Flashcards
Barron v. Baltimore
Barron was co-owner of Wharf. City began dredging and sand accumulated outside his wharf making it impossible for boats to dock. He sued the city for compensation of losses.
Question: 5th amendment violation? Taking property without compensation.
Court: No. Court says 5th amend only applies to national government not states.
Palko v. Connecticut
Palko charged with 5th degree murder. Actually convicted of 2nd degree murder and life. CT appealed and won a new trial that convicted him of 5th degree and sentenced to death.
Question: Violation of 5th amendment double jeopardy?
Court: No. Court argues only fundamental rights apply to states. Double jeopardy not a fundamental right?
Shelley v. Kraemer
Restrictive covenants that prevented blacks from living in certain neighborhoods. Shelley’s are black couple that moved in. Kraemers sued to have it enforced.
Question: Does enforcement of covenant violation 14th amend equal protection clause?
Court: covenant itself not unconstitutional, but enforcement is.
Burton v. Wilmington Parking Authority
Coffee shoppe that denied service to African American in publicly funded parking garage.
Question: Violation of 14th amendment equal protection clause.
Court: Yes. Coffee shop has benefited from state aid and operates in states owned asset.
Moose Lodge No. 107 v. Irvis
Irvis is black man brought by white guest to moose lodge. Refused service at dining room because of race. Because liquor license is issued by the state it is argued that it is a violation.
Question: Violation of 14th because of license?
Court: No. Liquor license does not constitute state action.
Yick Wo v. Hopkins
ordinance required all laundries to hold state permit to operate. Law was only enforced against shops ran by people of Chinese descent.
Question: Does unequal enforcement constitute 14th amendment violation?
Court: Yes. The law itself is fine but the way it was enforced is a violation.
