Flashcards in Structure of the Constitution's Protection of Individual Liberties Deck (23):
The Constitution only applies to . . .
As a general rule, private conduct need/need not comply with the Constitution
True or False: Congress may apply constitutional norms to private conduct via statute
Explain how the 13th Amendment can be use to prohibit race discrimination.
The discrimination would not violate the 13th itself (that governs slavery and involuntary servitude only), but it can violate a statute adopted pursuant to Congress' power under the 13th.
In which two ways can Congress apply constitutional norms to private conduct?
Congress can/cannot use Section 5 of the 14th Amendment to regulate private behavior.
As a general rule, private conduct need not comply with the Constitution. What are the two primary exceptions?
The Public Function Exception
The Entanglement Exception.
Explain the Public Function Exception to the general rule that private conduct need not comply with the Constitution.
The Constitution applies if a private entity is performing a task traditionally, exclusively done by the gov't (utilities don't count--why? many private utility companies)
Explain the Entanglement Exception to the general rule that private conduct need not comply with the Constitution.
The Constitution applies if the gov't affirmatively authorizes, encourages, or facilitates unconstitutional activity.
The rule that courts cannot enforce racially restrictive covenants is an example of the ___ Exception to the general rule that . . .
Exception to the general rule that private conduct need not comply with the Constitution.
Is there gov't action when the gov't leases premises to a business that is racially discriminatory?
A gov't subsidy alone is/isn't enough to support a finding of state action
There is/isn't state action when a state provides books to public school that racially discriminate?
There is/isn't state action when a private school that is over 99% funded by the gov't fires a teacher because of her speech. Explain
A gov't subsidy alone is/isn't enough to support a finding of state action. Here, gov't had nothing to do with it.
There is/isn't state action when the NCAA orders the suspension of a basketball coach at a state university.
There is/isn't state action where a private entity regulates interscholastic sports within a state.
There is/isn't state action where a private club with a liquor license from the state racially discriminates.
To whom does the Bill of Rights apply directly?
The Bill of Rights is applied to state and local gov't through its incorporation into the due process clause of . . .
What are the 4 exceptions to the Bill of Rights incorporation to state and local gov't via the 14th Amendment.
The 3rd Amnd right to not have soldiers quartered in your home
The 5th Amnd right to grand jury indictment in criminal cases
The 7th Amnd right to jury trial in civil cases
The 8th Amnd right against excessive fines (just this portion of the 8th)
In order to pass at the rational basis test, what must be true of the law?
It must be rationally related to a legitimate conceivable gov't purpose
In order to pass at the intermediate scrutiny, what must be true of the law?
It must be substantially related to an important actual gov't purpose.