State Action and Due Process

Question 1

True or false: The 13th Amendment applies to the private and public context

Answer 1

True. The abolishment of slavery flatly band slavery and involuntary servitude

Question 2

How is state action defined for purposes of the 14th Amendment?

Answer 2

government action (state or local)

Question 3

In what situations where government cannot be involved and determined “significant state involvement” in a private discrimination context?

Answer 3

1) Government cannot facilitate private discrimination.
2) Government cannot profit private discrimination
3) Government cannot enforce a private agreement to discriminate.

Note: Government is not required to prevent private discrimination.

Question 4

What is the general measurement to determine in which state action is constitutional?

Answer 4

Generally, government acts are constitutional, so long as its own conduct is neutral and even-handed

Question 5

True or false: State action is required to show a constitutional violation if anti-discrimination law exists

Answer 5

False.

Anti discrimination statutes: State action is required to show a violation of the constitution BUT

State action is irrelevant if there is anti-discrimination legislation in place.

Question 6

Procedural process is concerned with the taking of what?

Answer 6

Life, liberty, and property

Question 7

True or false: the death penalty require procedural due process

Answer 7

True. Taking of life

Question 8

True or false: Injury to reputation requires procedural due process

Answer 8

False.

Taking of liberty would include physical confinement, physical injury, and restriction on legal rights

Question 9

When does a person have a property interest in their government job?

Answer 9

When there’s a legitimate entitlement to continued enjoyment of the job or benefit.

A mere expectation of continued employment or benefit does not suffice.

Question 10

When are government jobs entitlements?

Answer 10

Government jobs are entitlements only when the government says so—such as by providing a contractual term or discharge only “for cause.”

Question 11

Does random negligence by a state employee constitute deprivation?

Answer 11

No. Deprivation: Notice and a hearing are not required when there is an accident.

Requires an intentional taking of life, liberty, or property

Question 12

What three factors do courts balance to determine what sort of procedural due process is appropriate?

Answer 12

1) Individual interest at stake (life, liberty, property)
2) Value of the procedure protecting interest
3) Government’s interest in efficiency and cost

Question 13

What are examples of when a hearing must occur before deprivation?

Answer 13

Terminating welfare benefits; non-emergency revocations of a driver’s license

Question 14

When can a hearing occur after a deprivation of life, liberty, or property?

Answer 14

When the hearing is fair and prompt.

Ex: Terminating disability benefits; disciplinary suspension from a public secondary school

Question 15

Public employees fired for “just cause” must be given…? Unless?

Answer 15

1) opportunity to be heard prior to termination
2) Significant reason not to keep the employee

If there is a significant reason, discharge can come first with hearing that is prompt and fair

Question 16

Strict Scrutiny: What is it? When is it applied?

Answer 16

Is the law necessary for achieving a compelling state interest?

Looking for the least restrictive means when there’s
Suspect classification or taking of a fundamental right.

Question 17

Intermediate Scrutiny: What is it? When is it applied?

Answer 17

Is the law substantially related to an important government interest?

Applies for cases of legitimacy and gender. Only used for equal protection claims.

Question 18

Rational basis: What is it? When is it applied?

Answer 18

Is the law rationally related to a legitimate state interest?

Applies to all other tests

Question 19

Who bears the burden for strict scrutiny? For rational basis?

Answer 19

Strict scrutiny: gov burden
Rational basis: challenger

Question 20

The difference b/t equal protection and due process is…?

Answer 20

If a law denies a fundamental right to everyone, it violates due process

If a law denies a fundamental right to certain classifications, it violates due process

Question 21

List at least three fundamental rights

Answer 21

1. Travel
2. Voting and ballot access
3. Privacy
4. Right to bear arms

Question 22

Can states impose reasonable residency requirements for political participation and government benefits?

Answer 22

Yes, most are 30-90 days. One year is generally too long, except for in-state tuition and grounds for divorce.

Question 23

Can states impose taxes that differ based on length of residency?

Answer 23

No. All residents have the right to be treated equally.

Question 24

Is Voting is a fundamental right for all residents or citizens age 18+?

Answer 24

Citizens = privileges, and protections to individuals within a country and state. Citizenship is permanent.

BUT but residency requirements for voting are permitted. Congress = presidential elections. States = everything else.

Question 25

Are poll taxes constitutional?

Answer 25

No, they burden the fundamental right to vote.

Question 26

Can states pose requirements to be put on a ballot?

Answer 26

Yes, so long as candidates can reasonably comply

Question 27

What rights fall under privacy and protected under the constitution?

Answer 27

Marriage, Contraception, Sexual Intimacy, abortion (?), parenting, family relationships, obscene materials, refusal of medical attention

NOT the right to commit suicide

Question 28

What is the test for the right to bear arms?

Answer 28

Historical tradition = only if they fit the history of the second amendment

Question 29

Can the government require individuals who wish to get a license for a gun to show a special need for self-defense?

Answer 29

No. everyone has the right to bear arms.