Individual Rights Overview

Question 1

Constitution

Answer 1

Applies to gov’t actors
–Private if (1) task trad/exc. done by gov’t or (2) entanglement

• Ent: enforce racial covenant, lease premise, books to schools, regulate sports
• Not Ent: NCAA, 99% subsidy

Question 2

Applies to Private Persons

Answer 2

13th Amd + Statutes

Question 3

Bill of Rights

Answer 3

Applies to Federal Gov’t
Applies to States through 14th Amd DPC
-except 3rd Quartering, 5th GJ Indict, 7th Civil Jury, 8th Excessive Fines

Question 4

14th Amd.

Answer 4

Applies to State Gov’ts

Applies to Fed. Gov’t through 5th Amd. DPC

Question 5

Scrutiny Levels

Answer 5

RBR: rationally related to conceivable legit gov’t purpose (P burden)

IS: substantially related to actual important gov’t purpose (D burden)

SS: necessary to achieve actual compelling gov’t purpose (D burden, least restrictive analysis)