Framework for Protection of Individual Liberties

Question 1

Bill of Rights Application

Answer 1

Originally only limited federal power, but 14th made it apply to most state and local govs

Question 2

State Action doctrine

Answer 2

Gov action neeeded for C to apply:
1) laws;
2) acts of gov official in offical capacity;
3) significant state involvment in a private parties conduct

NOT private action:
—EXCEPTION: activities traditionally and exclusivley performed by gov (company runs a park; private prisons)
—EXCEPTION: 13th amendment.

Question 3

What constitutes “significant” state action

Answer 3

YES:
1) State enforces a racially restrictive covenant
2) Officer targets minorities contrary to dept policy
3) State leases a presmises to a restraunt that discriinates

NO:
1) State grants a liquor license to private club that discriminates
2) When org mereley consists of some public members (but if mostly public members, can be yess)

Question 4

Levels of Scrutiny

Answer 4

1) Rational Basis
2) Intermediate
3) Strict

Question 5

Rational Basis Review

Answer 5

Doesn’t burden fundamental rights, doesn’t burden suspect classificaiton.

Rationally related to legigiamte gov purpose

Burden on challenger

Question 6

Intermediate Scrutiny

Answer 6

Applies if law discriminates against a QUASI-SUSPECT Classification, such as gender

Upheld if SUBSTANTIALLY RELATED to an IMPORTANT government purpose

Burden usually on gov

Question 7

Strict Scrutiny

Answer 7

Applies to regulations affecting FUNDAMENTAL RIGHTS or INVOLVING SUSPECT CLASSIFICATIONS

Upheld if it is NECESSARY (least restrictive alt) to achieve a COMPELLING GOVERNMENT PURPOSE.

Gov has burden