Individual Liberties Flashcards
State action doctrine extends to private actors when they:
Perform exclusive public functions (traditionally the exclusive prerogative of the state), OR have significant state involvement
Where the state regulates or licenses private businesses, is this state action? (Significant state involvement?)
No
Rational basis definition
Rationally related to legitimate govt purpose. Usually valid unless arbitrary or irrational
Intermediate scrutiny definition
Substantially related to important govt interest
Strict scrutiny definition
Necessary to achieve a compelling government purpose. Often invalidated if there is a less burdensome alternative to achieve gov’s goal
Who has the burden under SS?
Govt
Who has the burden in a rational basis case?
Plaintiff
Who has the burden under intermediate scrutiny?
Usually govt
