Individual Rights

Question 1

what are the exceptions to “non-state” state action?

Answer 1

i. Significant state involvement: Private action is closely encouraged and supported by the state (state hand in private glove); e.g., court seeks to enforce a racially restrictive covenant, or statute requires segregated public toilets
ii. Public function theory: Private actor is delegated a function traditionally reserved to states (company town, not mall)
Mutually beneficial relation derived from unconstitutional behavior; e.g., state gets increased revenues and rents from privately owned restaurant that discriminates

Question 2

what is strict scrutiny?

Answer 2

i. Gov’t must prove its classification is
1. necessary to achieve a
□ least-restrictive means (no alternative to lessen the burden) OR
□ narrowly tailored to serve the compelling gov’t interest (difficult test to meet—gov’t almost always loses)
2. compelling gov’t interest:
necessary or crucial

Question 3

what is intermediate scrutiny?

Answer 3

i. Gov’t must prove its classification is
1. substantially related to
2. an important gov’t interest.
Law must discriminate on its face or have actual motive (if facially neutral)

Question 4

what is rational basis?

Answer 4

i. Plaintiff must prove classification is
1. not rationally related to
□ arbitrary or irrational
any legitimate gov’t interest

Question 5

is there a right to govt records, including those held by the executive branch?

Answer 5

no