ConLaw: Individual Liberties

State Action Doctrine

State action must be involved in a constitutional violation. State action includes all levels of government, all branches, and actions of officers. State action can also be found in seemingly-private individuals who perform exclusive public functions or have significant state involvement

Exclusive Public Functions

Activities that are traditionally the exclusive prerogative of the state are state action no matter who performs them. Thus, state action applies to company towns, since running a town is an exclusive public function

Entanglement

State action exists wherever a state affirmatively facilitates, encourages, or authorizes acts of discrimination by its citizens. For example, courts cannot enforce racially restrictive covenants

Constitutional Minimums

The Constitution sets the minimum threshold of rights. States generally are free to grant broader rights than those granted by the US Constitution. Congress may, by statute, apply constitutional norms to private conducts

Thirteenth Amendment

The 13th amendment prohibits slavery and involuntary servitude, which SCOTUS has defined as compulsion of labor through the use or threat of physical or legal coercion. Under the Enabling Clause of 13A, Congress can prohibit racially discriminatory action by anyone

14A

The 14th Amendment prevents the states from depriving any person of life, liberty, or property without due process and equal protection of the law. Section 5 of the 14th grants Congress the power to adopt appropriate legislation to enforce rights provided by 14A, but Congress cannot create new rights or expand existing ones.

Valid Use of 14A Section 5

Congress must point to a history or pattern of state violation of a right provided by the 14th Amendment and adopt legislation that is congruent and proportional to solving the identified violation

15th Amendment

The 15th Amendment prevents federal, state, and local governments from denying a citizen the right to vote on account of race or color

Commerce Clause and Discrimination

Under the broadly-construed commerce power, Congress may prohibit private racial discrimination in activities that might have a substantial effect on ISC

Rights of Citizenship

Congress has inherent power to protect the rights of citizenship, such as interstate travel, assembly, and the right to petition Congress for redress

Rational Basis Review

Regulations that do not affect fundamental rights or involve suspect or quasi-suspect classifications are reviewed under rational basis. The law is upheld if it is rationally related to a legitimate government purpose. In practice, it will be upheld unless it is blatantly arbitrary or irrational. The person challenging the law has the burden of proof

Classifications that are not Suspect or Quasi-Suspect

Age, disability, and poverty (and now gender identity)

Intermediate Scrutiny

Regulations involving quasi-suspect classifications are upheld if they are substantially related to an important government purpose. The government has the burden of proof

Quasi-Suspect Classifications

The two main ones are gender and distinctions between marital and nonmarital children

Strict Scrutiny

Regulations affecting fundamental rights or involving suspect classifications are upheld only if they are strictly necessary to achieve a compelling government purpose. Often, such laws will be invalidated if there is a less burdensome alternative. The government has the burden of proof

Fundamental Rights for Strict Scrutiny

Interstate travel, privacy, voting, First Amendment rights

Suspect Classifications

Race, national origin, alienage