Individual Liberties

Question 1

13A

Answer 1

used to prohibit private race discrimi

Commerce power can be use dto apply constitutional norms to private conduct

Congress cannot use section 5 of 14A to regulate private behavior (can only regulate state nad local gov)

Question 2

hwere must private conduct comply with Const.

Answer 2

1. public function exception - Const. applies if private entity is performing a task traditionally and exclusively done by government (e.g. company town)
2. entanglement exception - Const. applies of gov. affirmatively authorizes, encourages, or facilitates ucnost. activit. Key example
   a. courts cant enforce racially restrictive covenants
   b. there is state action when a gov leases premises to a restaurn that racially discrimnates
   c. there is state action when a state provides books to schools that discrim
   d. there is no state action when private school that is 99% funded by gov fires a teacher because of her speech (receiving gov aid here not enough)
   e. no state action when NCAA orders suspension of bball coach at state uni
   f. state action when a private entity regulated interscholatestic sports within a state
   g. no state action when private club with liquor license from teh state racially discrim

Question 3

backdrop of const.

Answer 3

const. cannot regulate private behavior.