The Structure of the Constitution's Protection of Individual Liberties

Question 1

1. ) True or False: The Constitution apples to more than government action.
2. ) True or False: Congress, by statute, may apply constitutional norms to private conduct.

Answer 1

1. ) False: Only applies to the government action. (i.e. can’t sue private university under constitution but can sue state college under Constitution)
2. ) True.

Question 2

Congress’ ability to affect private conduct/individual liberties

True or False:

1. )The 13th Amendment cannot be used to prohibit private race discrimination.
2. ) The commerce power can be used to apply constitutional norms to conduct
3. ) Congress can use section 5 of the 14th Amendment to regulate private behavior

Answer 2

1. ) False. the 13th can be used to prohibit private race discrimination. NOTE: (Discrimination never violates the 13th amendment itself. Only slavery violates that but discrimination can violate federal statues adopted by Congress under the 13th Amendment). Note: So a person can’t use the 13th amendment to bring suit against a person who is discriminating against blacks but Congress can adopt statutes under the 13th to prevent that private conduct.
2. ) True. The broadly construed Commerce Power allows COngress to prevent racial discrimintory acts by private parties by saying they have a substanital effect on interstate commerce
3. ) False. Congress can only regulate state and local governments under sec 5 of the 14th amendment. Cant mess with private conduct under this amendment. (14th deals with depriving a person of life, liberty and property, while the 15th deals with denying right to vote)

Question 3

Though the Constitution applies only to government action, what are the exceptions to where private conduct must compy with the Constitution?

Answer 3

1. ) The public function exception: The Constitution applies if a private entity is perfroming a task traditionally, exclusively done by the gov. (Ex: Business that was running the town not allowing Jehovah Witnesses to speak; Privatley owned utility company going to terminate a customers service did not have to provide due service because it wasn’t a service traditionally done by the government.)
2. ) The significant state involvement exception: The Constitution applies if the government affirmatively authorizes, encourages, or facilitates discrimination/unconstitutional activity. Look at Key Examples on pg.19-20 (2:58:00)

Note: States don’t have to outlaw the discrimination they just must not facilitate it.

Question 4

The Application of the Bill of Rights

True or False:

1. ) The Bill of Rights does not apply directly to the federal government.
2. ) How is the Bill of Rigths applied to state and local governments?

Answer 4

1. ) False
2. ) Through its incorporation into the due process clause of the 14th Amendment.
3. ) -The 3rd Amendment right to not have a soldier quartered in a person’s home.
   - The Fifth Amendment right to grand jury indictment in criminal cases
   - The 7th Amend. rigtht to a jury trial in civil cases
   - The Eighth Amend. right against excessive fines.

Question 5

Levels of Scrutiny and their definiton

Answer 5

Rational basis test- A law will be upheld if it is rationally related to a legitimate government purpose. (a conceivable good purpose will be good enough). THe challenger has the burden of proof. So law is upheld unless can show either there is no legitimate gov purpose.

Intermediate scrutiny-Law is uphled if it is substajntially related to an important gov. purpose. Must be more than a legitimat interest. Will only look at the governments actual purpose. The means have to be substantially related (narrowly tailored) to achieving the objective. Government has the burden of proof.

Strict Scrutiny- Law will be uphled if it is necesssary to achieve a compelling government purpose. Government’s objective must be vital. No less restivtive alternative to achieveing the government’s purpose. Gov. usually loses under this. Gov. has burden of proof.

Question 6

1. ) What classes or violatons are typically fall under strict scutiny?
2. ) What classes or violatons are typically fall under intermediate scrutiny?

Answer 6

1. ) Suspect classification (race ,alienage, national orgin) and fundamental rights
2. ) Quasi-suspect classes (gender and legitimacy)