Rights- Misc.

Question 1

Art IV Privileges and Immunities

Answer 1

Art IV P and I prohibits states from discriminating against nonresidents in exercising their fundamental rights.

Nonresidents: not corporations or aliens

Fundamental Rights: important commercial activities (earning a living) and civil liberties

Standard: Does the state have a SUBSTANTIAL JUSTIFICATION to treat nonresidents differently, are there NO LESS RESTRICTIVE MEANS to solve the state’s problems?

*Relationship to D.C.C.

Question 2

14th Amendment Privileges and Immunities

Answer 2

States may not deny THEIR citizens of the rights of NATIONAL CITIZENSHIP.

E.g., right to petition Congress, right to vote for federal officers, right to interstate travel.

Corporations not protected

Question 3

Incorporation

Answer 3

The Bill of Rights originally applied to the federal government but has been incorporated against the states. EXCEPT for:

5th Amendment prohibition on criminal trials without grand jury indictment

Seventh Amend right to a jury trial in civil cases.

Question 4

Thirteenth Amendment

Answer 4

Prohibits slavery and involuntary servitude. Under the Enabling Clause, Congress can prohibit racially discriminatory action by ANYONE.

Question 5

14 Amendment- Congressional Power

Answer 5

S. 5 of 14 Amend: Congress can enforce rights protected by 14th Amend.

Reqs:

• Rights enforced must already be recognized by cts
• History or pattern of state violation
• Legislation must be congruent and proportional to violation (e.g., narrowly tailored)

Question 6

State Action

Answer 6

To find a constitutional violation, there must be state action.

State action can be found by the action of private individuals if those individuals are either:

1) Performing an EXCLUSIVE PUBLIC FUNCTION, or
2) There is SIGNIFICANT STATE INVOLVEMENT (state must AFFIRMATIVELY facilitate, encourage, or authorize discrimination)

Question 7

Procedural Due Process

Answer 7

A fair process is req’d for the government to take a person’s life, liberty, or property (entitlement).

Process Req’d: Three part balancing test:

a) Importance of the interest, and
b) Value of PROCEDURAL SAFEGUARDS to interest, against
b) Government interest in efficiency

Can be waived: voluntary and made knowingly

Question 8

Types of Procedural Process Req’d

Answer 8

Prior Notice and Prior Evidentiary Hearing:

• Commitment to Mental Institution
• Welfare benefits
• Termination of Parent’s custody rights
• Civil forfeiture of real property
• Driver’s license

Prior notice, opp to respond, and subsequent hearing:

• Disability Benefits
• Public Employment
• Personal property forfeiture

Public education: prior notice and opp to respond (no hearing)

Detention of Citizen Enemy Combatants: Subsequent Notice and meaningful opp to contest

Question 9

Takings

Answer 9

Govt may take private property for public use if it provides just compensation.

Public Use: Liberally construed- Rationally related to a legitimate public purpose

Just Compensation: Based on value to OWNER, not govt

Possessory Taking: Confiscation or physical occupation

Regulatory Taking: Taking id it leaves no reasonable economically viable use

Question 10

Contracts Clause

Answer 10

No state shall impair obligations of EXISTING contracts.

State or local interference with private contracts: INTERMEDIATE SCRUTINY
- reasonably and narrowly tailors for legit public interest

Interference with gov contracts: STRICT SCRUTINY