Incorporation/ State Action Doctrine Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Incorporation

A

when provisions of the Bill of Rights also apply to the state and local governments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How was the Bill of Rights incorporated to the states?

A

By the Due Process Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What Clauses are in the 14th Amendment?

A

1) Citizenship Clause
2) Equal Protection
3) Due Process
4) Privileges and Immunities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the only amendment (thing) where state actor does not have to be involved?

A

13th Amendment, Abolish slavery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Does the Privileges and Immunites Clause do anything really?

A

not under the 14th Amendment. The P and I clause does not really do anything, pretty much non-existent today

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What Amendments are incorporated?

A

The first 8 amendments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How can state regulate private citizens?

A

by the commerce clause, not the 14th amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Steps for State Actor Doctrine

A

1) Has government engaged in action?
- If yes, then done.

2) If not look to facts of the case
(a) Public Function- if the private individual is acting like a public function can be classified as a state under the doctrine
(b) Entanglement or entwinement: private entity that is so entwinned with the government you cannot pull apart

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Examples of Public Function

A

A company town will be classified as a state actor in the State Actor Doctrine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Will the courts enforce a restrictive covenant?

A

No, applies to state actor doctrine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Is licensing a private individual enough for the State Actor Doctrine?

A

NO

mere license is not enough

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Plain Language of Civil Rights Cases

A

14th Amendment does not apply to purely private discrimination

  • Congress cannot enforce under 14th Amendment b/c purely private actors
How well did you know this?
1
Not at all
2
3
4
5
Perfectly