Constitutional Law: Individual Rights

1
Constitutional Law Individual Rights

• Prof. Margo SchlangerWF 115-237 pm
• Washington University School of Law

2
Intro and State Action (outline 8/24/05)

• Review of the major clauses
• State Action
• Action/inaction
• Government/non-government

3
The basic text

• 13th Amendment
• 14th Amendments
• Citizenship clause
• Privileges or immunities clause
• Due process clause
• Equal protection clause
• Enforcement clause
• 5th Amendments Due Process Clause
• Article IV 2s Privileges and Immunities Clause

4
13th Amendment

• Section 1 Neither slavery nor involuntary
  servitude, except as a punishment for crime
  whereof the party shall have been duly convicted,
  shall exist within the United States, or any
  place subject to their jurisdiction.
• Section 2 Congress shall have power to enforce
  this article by appropriate legislation.

5
Amendment 14 1

• All persons born or naturalized in the United
  States . . . are citizens of the United States
  and of the State wherein they reside.
  (citizenship)
• No State shall make or enforce any law which
  shall abridge the privileges or immunities of
  citizens of the United States (privileges or
  immunities)
• nor shall any State deprive any person of life,
  liberty, or property, without due process of
  law (due process)
• nor deny to any person within its jurisdiction
  the equal protection of the laws. (equal
  protection)

6
Amendment 14 5

• The Congress shall have power to enforce, by
  appropriate legislation, the provisions of this
  article. (enforcement)

7
Amendment 5

• Nor shall any person . . . be deprived of life,
  liberty, or property, without due process of law
  . . . (due process)

8
Article IV 2, clause 1

• The Citizens of each State shall be entitled to
  all Privileges and Immunities of Citizens in the
  several States. (privileges and immunities)

9
State Action Shelley v. Kraemer

4600 Labadie Avenue, St. Louis
10
State Action (Review of Aug. 24)
11
Action or inaction?

• Shelley v. Kraemer (judicial enforcement of a
  restrictive covenant)
• Bell v. Maryland (judicial enforcement of the
  trespass laws)
• Bigoted dinner party (judicial enforcement of the
  trespass laws)

12
The Rehnquist reinvigoration of state action
doctrine
1972 Justice Harlan resigns President Nixon
appoints William H. Rehnquist
13
State Action

• Action/inaction
• Government/non-government

14
Moose Lodge

Is the primary actor government or
non-government?
Is the governments (secondary) role action or
inaction?
No liability
Liability
15
State Action
16
Flagg Bros. Lugar
17
Flagg Bros. Lugar
18
Flagg Bros. Lugar
19
Flagg Bros. Lugar
20
Flagg Bros. Lugar
21
Economic Baselines

• Lochner (1905) Freedom of contract as a natural
  right.
• Muller v. Oregon (1908) Women are special
• Adkins v. Childrens Hospital (1923) But not too
  special.
• Nebbia v. New York (1934) The loosening of
  permissible ends
• West Coast Hotel (1937) The switch in time that
  saved nine the collapse of the baseline