Individual Rights

Question 1

In order to find an action unconstitutional, what must there be?

Answer 1

Government action (needed to assert an individual rights claim)

Question 2

When is private actions considered government action?

Answer 2

Doing a traditional gov function

Or

Significant government involvement (not just regulation, provision of public service, licensing, or some Fed funds)

Question 3

Privileges AND Immunities Clause

Answer 3

States cannot discriminate against out of staters regarding fundamental rights

Only citizens (Doesn’t apply to aliens/corps)

Question 4

Privileges OR Immunities Clause

Answer 4

Prohibits states from denying own citizens rights of national citizenship

•travel (interstate)
•access sea ports
•etc.

Question 5

Rational Basis Scrutiny

Answer 5

Rationally related to legitimate give purpose

Burden on challenger

Question 6

Intermediate Scrutiny

Answer 6

Substantially related to a important/significant government purpose

Burden on challenger

Question 7

Strict Scrutiny

Answer 7

Necessary to achieve compelling government interest

Burden on government