Individual Liberties Flashcards
Restrictions on Power over Individuals Generally
Other than the Thirteenth Amendment ban on slavery, the Constitution regulates only government action, not private action.
Also, the constitution sets a minimum threshold of rights. States are generally free to grant broader rights than those granted by the constitution.
Bill of Rights
By its terms, the Bill of Rights limits federal power. However, the Fourteenth Amendment Due Process Clause applies almost all provisions of the Bill of Rights to the States.
NOTE- The Fifth Amendment’s prohibition of criminal trials without grand jury indictments and the Seventh Amendment’s right to jury trial in civil cases has not been incorporated to the states.
Thirteenth Amendment
The Thirteenth Amendment prohibits slavery and involuntary servitude, which the court has defined as compulsion of labor through the use or threat of physical or legal coercion.
Under the Thirteenth Amendment’s Enforcement Clause, Congress can prohibit discriminatory action by anyone (government or private citizen)
Fourteenth and Fifteenth Amendments
The Fourteenth Amendment prevents States from depriving any person life, liberty, or property without due process and equal protection of the law.
The Fifteenth Amendment prevents both the state and federal governments from denying a citizen the right to vote on account of race or color.
Generally, private conduct is not prohibited in these amendments - only where some state action is involved
State Action Requirement
Because the constitution generally applies only to governmental action, to show a constitutional violation state action must be involved.
State action occurs when the government of a government officer (in official capacity) takes action, at all level (local, state, or federal)
State action can be found in actions of seemingly private individuals who
1) perform exclusive public functions
2) high significant state involvement
Exclusive Public Function (state action)
Activities that are so traditionally the exclusive prerogative of the state are state action no matter who performs them
EX: when a company runs a company town, privatized prisons
Significant Involvement (state action)
State action exists whenever a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens, or where there is sufficient entwinement between the state and private party.
EX: enforcing a racially restrictive covenant, leasing premises to a restaurant that discriminates,
Rational Basis
The law will be upheld if it is rationally related to a legitimate governmental interest. This means the law will be upheld if it is not irrational or arbitrary.
This standard of review applies to regulations that do not affect fundamental rights or involve suspect or quasi suspect classifications.
BURDEN of PROOF - The person challenging the law has the burden of proof
Intermediate Scrutiny
The law will be upheld if it is substantially related to an important governmental purpose
This applies to regulations involving quasi suspect classifications (gender and legitimacy)
BURDEN of PROOF - Its unclear who bears the burden, but courts usually place the burden on the government
Strict Scrutiny
The law will be upheld if it is necessary (the least restrictive means) to achieve a compelling governmental interest.
This applies to regulations affecting fundamental rights or involving suspect classifications
BURDEN of PROOF - the government has the burden of proof under strict scrutiny
Similar language “narrowly tailored to achieve an overriding government purpose” “necessary to achieve a compelling governmental purpose”
