1st Amendment
4 Rights:
Religion
Speech
Press
Assembly
2nd Amendment
Keep & Bear Arms
Not until 2010
3rd Amendment
No Soldier Quartered
4th Amendment
Unreasonable Search & Seizure
5th Amendment
Indictment of Grand Jury
Double Jeopardy
Criminal Case: Witness Against Self
W/O Due Process
Just Compensation (Takings Clause)
6th Amendment
Criminal:
Speedy Public Trial
Impartial Jury
Where Committed
Nature & Accusations
Confronted w/Witnesses Against
Witnesses in Favor
Assistance of Counsel
7th Amendment
Preserve Jury Trial (in Civil Cases)
No Fact Reexamined
8th Amendment
Excessive Bail or Fines
Cruel & Unusual Punishment
9th Amendment
Deny or Disparage Other Rights
Creates no rights--protects rights not yet included
"unenumerated rights
10th Amendment
Reserved to the States
13th Amendment
Abolishes Slavery & Involuntary Servitude
Important Because:
Applies to private conduct
14th Amendment
(1) Born or Naturalized = Citizen
Privileges & Immunities which can't be taken away
DP, procedural & substantive
No State Laws to Abridge
No State Deprive w/o Due Process (LLP) or (DP)
(2) Representatives by Number
(3) Insurrection Participation = No Govt
15th Amendment
(1) Race/Color Vote
(2) Power to Enforce w/Laws
19th Amendment
(1) Women Vote
(2) Power to Enforce w/Laws
24th Amendment
(1) No Poll Tax.
(2) Power to Enforce w/Laws
26th Amendment
(1) 18 to Vote
(2) Power to Enforce w/Laws
State Created Rights Analysis
1. Who is the defendant? Executive (shocks the convenience or greater than negligence) or Legislature (arbitrary and capricious)?
2. Substantive (liberty or property interest) or Procedural (to have procedural violation, must first have a substantive viol
Public Function Exception
When a private group is entrusted by state with performance of "traditional" functions that are usually "exclusively" governmental in nature, the private actor becomes an agent of the state and his acts constitute state action.
3 Frameworks for Determining Public Function
1. Marsh
2. Metro Edison
3. Evans
Marsh Balancing Test
1. Private Rights (party must assert them) (free speech, free association, property rights, etc)
VS
2. Constitutional Provisions applicable to the states (Equal Protection, 14th, etc)
3. Is the private property being used for a public service?
Metro Edison Test
Is it an activity that has been traditionally, exclusively done by the government?
Evans
????
Entanglement Exception
If government affirmatively
authorizes
encourages OR
facilitates
private conduct that violates the Constitution.
Types of Entanglement
� Judicial and law enforcement actions
� Government licensing and regulation
� Government subsidies
� Voter initiatives permitting discrimination
Entanglement Key Questions
What degree of government involvement is sufficient to make the Constitution applicable?
What types of government encouragement are sufficient for state action?