structure of Const protections of indiv liberties

Question 1

structure of Const protection of individual liberties

Answer 1

government action
application of Bill of Rights
levels of scrutiny

Question 2

structure of Const protection of individual liberties

government action

Answer 2

1. Constitution only applies to government action.
2. Congress, by statute, may apply constitutional norms to private conduct.
3. Exceptions where private conduct must comply with the Constitution

Question 3

structure of Const protection of individual liberties
government action
Constitution only applies to government action

Answer 3

Constitution only applies to government action.

Private conduct need not comply with the Constitution.

Question 4

structure of Const protection of individual liberties
government action
Congress, by statute, may apply constitutional norms to private conduct

Answer 4

Congress, by statute, may apply constitutional norms to private conduct.

1. 13th AMD can be used to prohibit private race discrimination (discrimination does not violate 13th AMD - only slavery violates 13th AMD)
2. Commerce power can be used to apply constitutional norms to private conduct (civil rights)
3. Congress cannot use 14th AMD sec 5 to regulate private behavior

Question 5

structure of Const protection of individual liberties
government action
exceptions where private conduct must comply with the Constitution

Answer 5

public function

entanglement exception

Question 6

structure of Const protection of individual liberties
government action
exceptions where private conduct must comply with the Constitution
public function

Answer 6

public function exception

The Constitution applies if a private entity is performing a task traditionally, exclusively done by the government

Question 7

structure of Const protection of individual liberties
government action
exceptions where private conduct must comply with the Constitution
entanglement exception

Answer 7

entanglement exception
The Constitution applies if the government affirmatively authorizes, encourages, or facilitates unconstitutional activities
1. Courts cannot enforce racially restrictive covenants
2. There IS state action when the govt leases premises to a restaurant that racially discriminates
3. There IS state action when a state provides books to schools that racially discriminate
4. There IS NOT state action when a private school that is over 99% funded by the govt fires a teacher b/c of her speech
5. There IS NOT state action when the NCAA orders the suspension of a basketball coach at a state university.
6. There IS state action when a private entity regulates interscholastic sports w/in a state
7. There IS NOT state action when a private club w/a liquor license from the state racially discriminates

Question 8

structure of Const protection of individual liberties

application of Bill of Rights

Answer 8

Bill of Rights applies DIRECTLY only to the federal govt.
Bill of rights is applied to the state and local govts through its incorporation into the Due Process Clause of the 14th AMD
Exceptions to incorporation to state/local:
3rd AMD right to not have soldiers quartered in a person’s home
5th AMD right to grand jury indictment in criminal cases
7th AMD right to jury trial in civil cases
8th AMD right against excessive fines

Question 9

structure of Const protection of individual liberties

levels of scrutiny

Answer 9

rational basis
intermediate scrutiny
strict scrutiny

Question 10

structure of Const protection of individual liberties

levels of scrutiny - rational basis

Answer 10

A law is upheld if it is rationally related to a legitimate govt purpose. Challenger has the burden of proof.

Question 11

structure of Const protection of individual liberties

levels of scrutiny - intermediate scrutiny

Answer 11

A law is upheld if it is substantially related to an important govt purpose. Govt has the burden of proof.

Question 12

structure of Const protection of individual liberties

levels of scrutiny - strict scrutiny

Answer 12

A law is upheld ONLY if it is necessary to achieve a compelling purpose AND if it is narrowly tailored to achieve that interest. Govt has the burden of proof.