State Action and Enforcing the 13th and 14th Amendments

When was US v. Cruikshank decided?

1876

What major historical event was US v. Cruikshank dealing with?

The Colfax Massacre

What did the Court decide in US v. Cruikshank?

Private action was outside the 14th Amendment / need state action

When were the Civil Rights Cases decided, and who wrote them?

1883 and Justice Bradley

What was at issue in the Civil Rights Cases?

The Civil Rights Act of 1875

What did the Court decide in the Civil Rights cases?

No constitutional basis for Congress to have the power to create the Civil Rights Act because 13th Amendment only dealt with slavery (not social discrimination, no state action, and Congress cannot decide what the Constitution says

What case overturned the Civil Rights cases?

Jones v. Alfred H. Mayer Co. (1968)W

Who wrote Jones v. Alfred H. Mayer Co. and in what year?

Justice Stewart in 1968

What was the constitutional amendment at issue in Jones v. Alfred Mayer (1968)?

13th Amendment

What did Jones v. Alfred Mayer (1968) hold?

Upheld anti-discrimination federal statute because Congress has the power to decide what badges and incidents of slavery are for the purposes of the 13th Amendment

What was the issue in Jones v. Alfred Mayer (1968)?

A black man was denied the opportunity to purchase a home on the basis of race and a federal statute prohibited citizens from discriminating on that

What case deals with judicial enforcement as state action?

Shelley v. Kramer (1948)

Who wrote Shelley v. Kramer and in what year?

Justice Vinson in 1948

What was the issue in Shelley v. Kramer (1948)?

Restrictive housing covenants that discriminated on the basis of race were enforced through the courts

What did the Majority decide in Shelley v. Kramer (1948)?

That judicial enforcement of restrictive housing covenants constituting state action, and thus, were violations of the 14th Amendment

What case deals with exclusive gov’t function as state action?

Marsh v. Alabama (1946)

What was the holding of Marsh v. Alabama (1946)?

A company town that functioned exactly like a municipality cannot deny 1st Amendment Rights

What are the 2 entanglement cases?

Burton v. Wilmington Parking Authority (1961) and Moose Lodge v. Irvis (1972)

Who wrote Burton v. WIlmington Parking Authority and in what year?

Justice Clark in 1961

If Burton v. Wilmington Parking Authority (1961) were decided today, would it reach the same result?

No because there was no sufficient gov’t nexus

Who wrote Moose Lodge v. Irvis and in what year?

CJ Rehnquist in 1972

What was the issue in Moose Lodge v. Irvis (1972)?

A black man was invited to Moose Lodge, a private club, to their restaurant and was denied service on the basis of race; he alleged 14th amendment violation of EPC because the Lodge got its liquor license from the state so it was state action

What was the holding of Moose Lodge v. Irvis?

No state action; gave new requirement of nexus to state action

What does nexus effectively require to find sufficient entanglement?

The state must direct the discriminatory conduct of the private party directly

Who wrote Katzenbach v. Morgan and in what year?

Justice Brennan in 1966

What was the issue in Katzenbach v. Morgan (1966)?

NY used literacy tests in state elections and Congress made literacy tests illegal, despite SCOTUS saying in Lassiter (1959) that literacy tests are not facially unconstitutional

When can Congress provide a remedy under 14th Amendment?

De Jure Discrimination

What was the de jure discrimination in Katzenbach v. Morgan (1966) and how could it be remedied?

Discrimination in public housing, public schools, and policing, remedied through enhancing political power, which could be done through removing literacy tests

What was reasoning in Katzenbach v. Morgan (1966) was rejected as dicta in Oregon v. Mitchell (1970)?

One-Way Ratchet Theory

What was the issue in Oregon v. Mitchell (1970)?

Congress tried to give 18-year-olds the right to vote in state elections pursuant to EPC

Why could Congress not give 18-year-olds the right to vote in state elections in Oregon v. Mitchell (1970)?

SCOTUS had not said they were quasi-suspect classes, so Congress could not say that EPC applied to them

What case struck down the RFRA?

City of Boerne v. Flores (1997)

What did RFRA do?

Statutory requirement for strict scrutiny

Who wrote City v. Boerne and in what year?

Justice Kennedy in 1997

What did City of Boerne v. Flores (1997) decide?

Struck down RFRA; Congress only has congruent powers to pass legislation pursuant to Section 5; Congress cannot pass a statute pursuant to Section 5 that is not congruent to judicial interpretation

What case gives us the Congruence requirement?

City of Boerne v. Flores (1997)

Who wrote US v. Morrison and in what year?

CJ Rehnquist in 2000

What statute did US v. Morrison (2000) deal with?

Federal statute required a level of damages in civil cases involving violence against women

What was the holding of US v. Morrison (2000)?

Congress did not have power to give damage requirement in civil trials involving violence against women because there was no evidence that states were in need of a remedy

The 13th Amendment protects against ___________ coming from __________ actor(s).

race or national origin discrimination, private and public

The 14th Amendment protects against __________ coming from __________actor(s)

the deprivation of equal protection by the law and the deprivation of life, liberty, or property without due process of law, state actors

What sections of the 14th Amendment are enforceable by INDIVIDUALS without Congressional statutes?

Section 1 and 3

What gives Congress the powers to pass legislation enforcing Section 1 and 3 of the 14th Amendment?

Section 5 of the 14th Amendment