Individual Rights Flashcards
(35 cards)
By its terms, the Bill of Rights (the first 10 Amendments to the United States Constitution) limits [1].
But [A] applies almost all provisions of the Bill of Rights to the states.
EXCEPTION: [A] does not apply to:
- the [B] Amendment’s [B]; and
- the [C] Amendment’s [C].
- (1) federal power
- (A) the 14th Amendment’s Due Process Clause;
- (B) 5th; prohibition of criminal trials without a grand jury indictment;
- (C) 7th; right to a jury trial in civil cases.
Under the 13th Amendment’s [B], Congress can prohibit racially discriminatory action by [C].
Under the [13th] Amendment’s [Enforcement Clause], Congress can prohibit racially discriminatory action by [anyone - the govt or a private citizen].
The — Amendment prevents — from depriving any person of life, liberty, or property without —.
14th;
states
due process & equal protection of law
- The —- Amendment prevents —- from denying a citizen the right to vote on account of race or color.
- Generally, —- is not prohibited by these amendments—only —–.
- The –15th– Amendment prevents –both the federal and state govts– from denying a citizen the right to vote on account of race or color.
- Generally, private conduct is not prohibited by these amendments—only where some state action is involved.
^However, purely private conduct may be prohibited on a separate constitutional basis, such as the Commerce Clause.
Because the Constitution generally applies only to governmental action, to show a constitutional violation, “state action” must be involved.
How does this apply to government and government officers?
- applies to govt/govt officials at all levels: local, state, federal;
- BUT applies ONLY IF they are acting officially^
^even if unlawfully
Note, however, that state action can be found
in actions of seemingly private individuals who either:
* Perform exclusive public functions, OR
* Have significant state involvement
State action can be found in actions of seemingly private individuals who:
-
perform exclusive public functions^
or - have significant state involvement^^
^Activities that are so traditionally the exclusive prerogative of the state are state action no matter who performs them.
^^State action exists wherever a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens, or where there is sufficient entwinement between the state and private party.
Performance of:
“exclusive public functions”
(significance):
Activities that are so traditionally the exclusive prerogative of the state = state action, no matter who performs them.
constitutes STATE ACTION
Having:
“significant state involvement”
State action exists wherever:
(1) a state AFFIRMATIVELY…
>facilitates,
>encourages,
>or authorizes
…acts of discrimination by its citizens;
OR
(2) there is sufficient entwinement between the state and private party.
NOTE:
^mere acquiescence by the state in private conduct is NOT enough to constitute “significant state involvement” in the private entity
^^states are NOT constitutionally required to *OUTLAW discrimination*
* (only forbidden to facilitate, encourage, or authorize discrimination)
Exs. significant state involvement constituting state action:
versus
NOT ENOUGH to constitute state action:
STATE ACTION:
1. Official encouragement or use of judicial machinery
2. Entwinement of state and private actors
NOT state action:
- mere regulation
- provision of public services
- licensing
Article IV - Privileges & Immunities
- what it does
- mainly used to…[?]…
- What is the exception?
- Prohibits states from discriminating against citizens^ of other states w/r/t fundamental rights
- Mainly used to prevent substantially unequal treatment re: commercial activities
^NOTE: corporations, aliens = not citizens
substantial justification EXCEPTION:
1. if nonresidents are part of the problem AND
2. there are no less restrictive means to solve problem
14th Amendment - Privileges and Immunities Clause
what it does
Prohibits states from:
* -denying
* -own citizens
* -rights of national citizenship
NOTE: corporations are not citizens
The following is an example of:
Enforcing restrictive covenants prohibiting sale or lease of property through use of state courts
STATE ACTION
significant state involvement
The following is an example of:
Leasing premises to a discriminatory lessee where state derives extra benefit from the discrimination
(i.e., symbiotic relationship exists)
STATE ACTION
significant state involvement
The following is an example of:
Administering a private discriminatory trust by public officials
STATE ACTION
significant state involvement
state action or not?
- granting a license, &
- providing essential services-
-to a private club
NOT STATE ACTION
significant state involvement
state action or not?
granting a monopoly to a utility
NOT STATE ACTION
even tho seems like SSI
state action or not?
heavily regulating an industry
NOT STATE ACTION
(even tho seems like state involvement)
state action or not?
granting a corporation its:
* charter
* exclusive name
NOT STATE ACTION
(even tho seems like state involvement)
rational basis
What is the standard?
- upheld if:
- invalid if:
minimal scrutiny
(very easy standard to meet)
- UPHELD if -> law is rationally related to legitimate govt purpose; unless –>
- INVALID if –> law is arbitrary OR irrational
when is the law upheld?
Rational Basis
If the law is…
(1) RATIONALLY related to
(2) a LEGITIMATE govt purpose
very easy standard to meet –> law is usually valid UNLESS:
it is either:
(1) arbitrary, OR
(2) irrational
–> then law is INVALID
Which laws are usually reviewed under the rational basis standard?
Regulations that:
1. do NOT affect fundamental rights,
2. do NOT involve suspect or quasi-suspect classifications
(applies to most laws)
burden of proof:
rational basis
person challenging the law
What type of classification applies?
- age
- disability
- poverty
What standard applies?
= classifications that are not suspect or quasi-suspect
rational basis
What type of classification applies?
- gender
- legitimacy
What standard applies?
= quasi-suspect classification
intermediate scrutiny
