Framework for Individual Liberties Flashcards
Constitutional restrictions on power over individuals - generally
Other than the 13th amendment ban on slavery, the constitution regulates only government action, not private action. Also note that the constitution sets the minimum threshold of rights. States generally are free to grant brought or rights than those granted by the United States Constitution.
Constitutional restrictions on power over individuals - bill of rights
By its terms, the Bill of Rights limits federal power. However, the 14th amendment due process clause applies, almost all provisions of the bill of rights to the states.
Exceptions: the most notable exceptions to incorporation are the fifth amendments prohibition of criminal trials without a grand jury indictment and the seventh amendment right to a jury trial in civil cases. 
Constitutional restrictions on power over individuals - 13A
The 13th amendment prohibited slavery and involuntary servitude, which the court has defined as compulsion of labor through the use of threat of physical or legal coercion. Under the 13th amendments enforcement clause, Congress can prohibit racially discriminatory action by anyone, the government or private citizen.
Constitutional restrictions on power over individuals - 14 and 15A
The 14th amendment prevents states from depriving any person of life, liberty, or property without due process and equal protection of the law.
The 15th amendment prevents both the federal and state governments from denying a citizen the right to vote on account of race or color.
Generally, private conduct is not prohibited by these amendments, only where some state action is involved. Purely private conduct may be prohibited, however, on a separate constitutional basis, such as the commerce clause. 
Constitutional restrictions on power over individuals - 14 and 15A - scope of congressional power under 14A
Section 5 of the 14th amendment gives Congress the power to adopt appropriate legislation to enforce the rights and guarantees provided by the 14th amendment. Under section 5, Congress may not expand existing constitutional rights or create new ones. It may only enact laws to prevent or remedy, violations of rights already recognized by the courts.
To adopt a valid law, Congress must point to a history or pattern of state violation of such rights and adopt legislation that is congruent and proportional, meaning narrowly tailored, to solve the identified violation. 
Constitutional restrictions on power over individuals - rights of national citizenship
Congress has inherent power to protect rights of citizenship under section 5 of the 14th amendment. Meaning, to enforce the guarantee of the privileges or immunities of citizens of the United States.
State action requirement - generally
Because the constitution generally applies only to governmental action, to show a constitutional violation state action must be involved. This concept applies to government and government officers, if they’re acting officially, even if unlawfully, at all levels (local, state, or federal). Note, however, that state action can be found in actions of seemingly private individuals who:
Perform exclusive public functions
Or
Have significant state involvement
State action requirement - exclusive public functions
Activities that are so traditionally, the exclusive prerogative of the state our state action, no matter who performs them.
Examples, a company town that uses parks or schools, or prison.
State action requirement - significant state involvement
State action also exists where a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens, or where there is sufficient entertainment between the state and private party. Mere acquiescence by the state in private conduct is not enough. 
Enough: I state court enforcing racially, restrictive covenants, an officer targeting minorities, contrary to department policy, estate, leasing a premises to a restaurant that racially discriminates, or a voluntary association that overseas public schools and is a private association, but is run mainly by public school officials. 
Not enough: estate, granting a liquor license to a private club, or a voluntary association that oversees public schools, but is a private organization.
Levels of scrutiny - generally
The following standards of review are used by the court when reviewing challenges to governmental acts under the guarantees of substantive due process and equal protection, as well as first amendment rights. 
Levels of scrutiny - rational basis
Regulations that do not affect fundamental rights or involve suspect or quasi suspect classifications are reviewed under the rational basis standard.
“ the law is appealed if it is rationally related to a legitimate government government purpose.”
Very easy standard to meet, therefore the law is usually valid unless it is arbitrary or irrational. 
Levels of scrutiny - rational basis - burden of proof
The person challenging the law has the burden of proof 
Levels of scrutiny - rational basis - classifications that are not suspect or quasi suspect
The rational basis standard is used to review regulations involved in classifications that are not suspect or quasi suspect, such as age, disability and poverty. 
Levels of scrutiny - intermediate scrutiny
Regulations involving quasi, suspect classifications, that is gender and legitimacy, are reviewed under intermediate scrutiny.
“ the law is upheld if it is substantially related to an important government purpose.”
Does not have to be the least restrictive alternative
Levels of scrutiny - intermediate scrutiny - burden of proof
It is unclear who has the burden of proof under intermediate skirt. Usually, however, courts place the burden on the government.
