Protection of Individual Liberties

Question 1

Government Action/Constitution

Answer 1

The Constitution only applies to government action.

Question 2

Government Action/Private Conduct

Answer 2

Private conduct generally does not have to comply with the Constitution unless the conduct involves performing a task traditionally, exclusively done by the government or the government affirmatively authorizes or facilitates the private conduct.

Question 3

Government Action/Private Conduct Commerce Clause

Answer 3

Congress may indirectly regulate private conduct through the Commerce Clause.