Individual Liberties Flashcards
The protections afforded to individuals by the Constitution only apply to
actions of the government
Under what authority can Congress prohibit racial discrimination, both public and private?
Congress may prohibit both public and private racial discrimination pursuant to the 13th Amendment, which prohibits slavery.
Under the 13th Amendment (prohibition against slavery), Congress may prohibit both
public and private racial discrimination.
Private discrimination can be regulated under the Commerce Clause if it
interferes with interstate commerce
Can Congress regulate private conduct by way of §5 of the 14th Amendment?
No, Congress cannot regulate private conduct by way of §5 of the 14th Amendment.
In what situations must private actors comply with the Constitution?
Private actors must comply with the Constitution when they are
(1) performing a task traditionally and exclusively done by the government, or
(2) so entangled with the government that the government could be seen as authorizing, endorsing, encouraging, or facilitating the conduct of the private actor.
When must a private entity abide by the Constitution?
If the private entity is performing a task traditionally and exclusively done by the government, then it must abide by the Constitution.
When will the conduct of a private actor be considered state action due to entanglement with the government?
If the private actor has so entangled itself with the government that the government could be seen as essentially authorizing, endorsing, encouraging, or facilitating the conduct of the private actor, the action by the private actor will be considered state action.
What protections does the 14th Amendment provide regarding individual rights?
The 14th Amendment ensures that all individual protections enumerated in the Constitution apply not only to the Federal Government but also to the states and their subdivisions.
How do the protections of the Constitution apply to states?
The 14th Amendment incorporates all of the Amendments to the Constitution, except for a few provisions, to apply directly to the states and their subdivisions, such as cities and counties.
What is Procedural Due Process?
Procedural Due Process ensures that the government follows fair and established procedures when depriving individuals of life, liberty, or property. This includes the right to notice of the charges, an opportunity to be heard, and a fair trial.
The government may not deprive someone of life, liberty, or property, without having
adequate procedures in place and must properly follow those procedures
How are the adequacy of procedures determined in cases of Procedural Due Process?
- The importance of the interest at issue to the individual being deprived of it;
- The risk of erroneous deprivation of the interest using the current procedures;
- The probative value of requiring additional or alternative procedures; and
- The administrative and financial burdens imposed on the government by requiring additional or alternative safeguards.
A person is considered deprived of life under the Due Process Clause when one of the following occurs:
The person is sentenced to prison or another similarly restrictive institution (e.g., mental health facility).
The person is put to death.
A government official intentionally or recklessly kills the person.
The government fails to protect a person in its custody from suffering a fatal injury inflicted by another.
A person is deprived of liberty when the government
takes away a significant freedom afforded to that person under the Constitution.
A persons is deprived of property when the government takes away an
entitlement
In the context of property deprivation by the government, “entitlement” refers to a right or privilege that
a reasonable person would expect to continue to possess or receive with regards to their property.
Is there a distinction between a right and a privilege in the context of property interests?
No, there is no difference between a right and a privilege in this context.
