Individual Rights Flashcards
By its terms, the Bill of Rights (the first 10 Amendments to the United States Constitution) limits [1].
But [A] applies almost all provisions of the Bill of Rights to the states.
EXCEPTION: [A] does not apply to:
- the [B] Amendment’s [B]; and
- the [C] Amendment’s [C].
- (1) federal power
- (A) the 14th Amendment’s Due Process Clause;
- (B) 5th; prohibition of criminal trials without a grand jury indictment;
- (C) 7th; right to a jury trial in civil cases.
Under the 13th Amendment’s [B], Congress can prohibit racially discriminatory action by [C].
Under the [13th] Amendment’s [Enforcement Clause], Congress can prohibit racially discriminatory action by [anyone - the govt or a private citizen].
The — Amendment prevents — from depriving any person of life, liberty, or property without —.
14th;
states
due process & equal protection of law
- The —- Amendment prevents —- from denying a citizen the right to vote on account of race or color.
- Generally, —- is not prohibited by these amendments—only —–.
- The –15th– Amendment prevents –both the federal and state govts– from denying a citizen the right to vote on account of race or color.
- Generally, private conduct is not prohibited by these amendments—only where some state action is involved.
^However, purely private conduct may be prohibited on a separate constitutional basis, such as the Commerce Clause.
Because the Constitution generally applies only to governmental action, to show a constitutional violation, “state action” must be involved.
How does this apply to government and government officers?
- applies to govt/govt officials at all levels: local, state, federal;
- BUT applies ONLY IF they are acting officially^
^even if unlawfully
Note, however, that state action can be found
in actions of seemingly private individuals who either:
* Perform exclusive public functions, OR
* Have significant state involvement
State action can be found in actions of seemingly private individuals who:
-
perform exclusive public functions^
or - have significant state involvement^^
^Activities that are so traditionally the exclusive prerogative of the state are state action no matter who performs them.
^^State action exists wherever 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.
Performance of:
“exclusive public functions”
(significance):
Activities that are so traditionally the exclusive prerogative of the state = state action, no matter who performs them.
constitutes STATE ACTION
Having:
“significant state involvement”
State action exists wherever:
(1) a state AFFIRMATIVELY…
>facilitates,
>encourages,
>or authorizes
…acts of discrimination by its citizens;
OR
(2) there is sufficient entwinement between the state and private party.
NOTE:
^mere acquiescence by the state in private conduct is NOT enough to constitute “significant state involvement” in the private entity
^^states are NOT constitutionally required to *OUTLAW discrimination*
* (only forbidden to facilitate, encourage, or authorize discrimination)
Exs. significant state involvement constituting state action:
versus
NOT ENOUGH to constitute state action:
STATE ACTION:
1. Official encouragement or use of judicial machinery
2. Entwinement of state and private actors
NOT state action:
- mere regulation
- provision of public services
- licensing
Article IV - Privileges & Immunities
- what it does
- mainly used to…[?]…
- What is the exception?
- Prohibits states from discriminating against citizens^ of other states w/r/t fundamental rights
- Mainly used to prevent substantially unequal treatment re: commercial activities
^NOTE: corporations, aliens = not citizens
substantial justification EXCEPTION:
1. if nonresidents are part of the problem AND
2. there are no less restrictive means to solve problem
14th Amendment - Privileges and Immunities Clause
what it does
Prohibits states from:
* -denying
* -own citizens
* -rights of national citizenship
NOTE: corporations are not citizens
The following is an example of:
Enforcing restrictive covenants prohibiting sale or lease of property through use of state courts
STATE ACTION
significant state involvement
The following is an example of:
Leasing premises to a discriminatory lessee where state derives extra benefit from the discrimination
(i.e., symbiotic relationship exists)
STATE ACTION
significant state involvement
The following is an example of:
Administering a private discriminatory trust by public officials
STATE ACTION
significant state involvement
state action or not?
- granting a license, &
- providing essential services-
-to a private club
NOT STATE ACTION
significant state involvement
