Individual Rights Overview Flashcards
1
Q
Constitution
A
Applies to gov’t actors
–Private if (1) task trad/exc. done by gov’t or (2) entanglement
- Ent: enforce racial covenant, lease premise, books to schools, regulate sports
- Not Ent: NCAA, 99% subsidy
2
Q
Applies to Private Persons
A
13th Amd + Statutes
3
Q
Bill of Rights
A
Applies to Federal Gov’t
Applies to States through 14th Amd DPC
-except 3rd Quartering, 5th GJ Indict, 7th Civil Jury, 8th Excessive Fines
4
Q
14th Amd.
A
Applies to State Gov’ts
Applies to Fed. Gov’t through 5th Amd. DPC
5
Q
Scrutiny Levels
A
RBR: rationally related to conceivable legit gov’t purpose (P burden)
IS: substantially related to actual important gov’t purpose (D burden)
SS: necessary to achieve actual compelling gov’t purpose (D burden, least restrictive analysis)
