The Structure of the Constitution's Protection of Individual Liberties

Question 1

General Public Action Requirement

Answer 1

The constitution applies only to government action

Private conduct need not comply with the constitution

Question 2

General Public Action Requirement Exceptions

Answer 2

• Congress can apply constitutional norms to private conduct through the commerce power
• The 13th amendment can be used to prohibit private race discrimination via congress’s passed laws granted to them by the 13th amendment

Question 3

14th Amendment Public Action Requirement

Answer 3

Congress cannot use section 5 of the 14th Amendment to regulate private behavior

Question 4

14th Amendment Public Action Requirement Exceptions

Answer 4

• The Public Action Exception
• The Entanglement Exception

Question 5

Public function exception

Answer 5

The constitution applies if a private entity is performing a task traditionally exclusively done by the gov’t.

Question 6

The Entanglement Exception

Answer 6

The constitution applies if the government affirmatively authorizes, encourages, or facilitates unconstitutional activity.

Question 7

Entanglement Examples

Answer 7

• Courts cannot enforce racially restrictive covenants
• State Action when gov’ernment leases premises to a restaurant that racially discriminates
• State Action when a state provides books to schools that racially discriminate.
• State action when a private entity regulates interscholastic sports within a state.
• No state action when a private school that is over 99% funded by the government fires a teacher because of her speech.
• No state action when the NCAA orders the suspension of a basketball coach at a state university.
• No state action when a private club with a liquor license from the state racially discriminates.

Question 8

The bill of rights applies directly only to this level of government

Answer 8

applies directly only to the federal government

Question 9

When the bill of rights can be applied to state and local government

Answer 9

When the amendment has been incorporated into the due process clause of the Fourteenth Amendment.

Question 10

Incorporation to State And Local Government Exceptions

Answer 10

States are not bound to the following bill of rights provisions:

• The 3rd Amendment right to not have a soldier quartered in a person’s home
• The 5th Amendment right to a grand jury indictment
• The 7th Amendment right to jury trial

Question 11

The three levels of scrutiny

Answer 11

• Rational Basis
• Intermediate Scrutiny
• Strict Scrutiny

Question 12

Rational Basis Test

Answer 12

A law is upheld if it is rationally related to a legitimate government purpose.

RRLGP

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Question 13

Intermediate Scrutiny

Answer 13

A law is upheld if it is substantially related to an important government purpose.

SRIGP

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Question 14

Strict Scrutiny

Answer 14

A law is upheld if it is necessary to achieve a compelling government purpose.

NACGP

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