Kaplan Pgs 114-116 State Action Flashcards
Constitutional rights can only be violated by who?
Governmental actors. So state action/government action is the first thing that a plaintiff has to show if he is trying to prove a constitutional violation
What happened in the Jehovah witness/private town case that dealt with state action?
A private company owned an entire town. A Jehovah witness was arrested for violating a state trespass law that said it was a crime to enter the premises of another. The Supreme Court reversed the trespass conviction because it said that the town’s streets, even though they were privately owned, were the functional equivalent of city streets. The company violated the first and 14th because neither states nor private owners can totally ban the expression of free speech
What are some examples that qualify as state action and not as state action under the significant state involvement test?
– State action: a restaurant owner whose business was located inside of a city-owned building was prohibited from discriminating against blacks because of the symbiotic relationship between the city and the restaurant. When the state court was enforcing a restrictive covenant that prohibited the sale of property to blacks, that was held to be state action.
– Not state action: when the state granted a liquor license to a private club that racially discriminated against blacks, that was not state action.
Who does the 13th amendment apply to?
Both state action and private action. It abolishes the voluntary or involuntary service or labour of any person in liquidation of any debt or obligation, except as a punishment for a crime
What does involuntary servitude mean under the 13th amendment?
Being compelled to work by the use of force, the threat of force, or the threat of legal coercion
What is peonage?
Involuntary service to work off a debt
Does a military draft violate the 13th amendment?
No
Does community service that is required to graduate from high school count as a violation of the 13th amendment?
No
If Congress does not intend to occupy a field completely, and state laws are not otherwise preempted, can the states enact similar legislation?
Yes
If Congress establishes minimum standards for things like health, safety, food, drugs, roads, or highways, are the states free to enact more stringent standards?
Yes
