12.3 Application of the 14th Amendment to State Actions
3 min read•august 9, 2024
The 14th Amendment's application to state actions is a game-changer for civil rights. It extends the Bill of Rights to state governments, protecting individuals from overreach at all levels. This process, called incorporation, happened gradually through Supreme Court decisions.
The is key to understanding when constitutional protections kick in. It draws the line between government actions, which are subject to constitutional limits, and private conduct, which generally isn't. This balance protects individual rights while respecting private autonomy.
Incorporation of the Bill of Rights
The Incorporation Doctrine and Its Application
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- Incorporation doctrine applies the Bill of Rights to state governments
- Process began after ratification of the 14th Amendment in 1868
- Initially, Bill of Rights only restricted federal government actions
- Supreme Court gradually incorporated specific rights through case-by-case basis
- Incorporation occurs through the of the 14th Amendment
- Protects individual liberties from infringement by state and local governments
- Ensures consistent application of constitutional rights across all levels of government
Selective Incorporation and Its Impact
- adopts specific provisions of the Bill of Rights
- Supreme Court determines which rights are fundamental to ordered liberty
- Process began with (1925), incorporating freedom of speech
- Subsequent cases incorporated various rights (freedom of press, religion, assembly)
- Some rights remain unincorporated (Third Amendment, grand jury indictment)
- Allows for flexibility in applying federal protections to state level
- Balances federal constitutional protections with state sovereignty
The Privileges or Immunities Clause Controversy
- Privileges or Immunities Clause part of the 14th Amendment
- Initially intended to protect of citizens from state infringement
- (1873) severely limited the clause's scope
- Court interpreted clause to protect only rights of national citizenship
- Resulted in shift to Due Process Clause for incorporation
- Recent cases (, 2010) have revived interest in the clause
- Ongoing debate about potential for broader protection of individual rights
State Action Doctrine
Defining and Applying the State Action Doctrine
- State action doctrine determines when constitutional protections apply
- Limits reach of 14th Amendment to government actions, not private conduct
- Developed to balance individual rights with private autonomy
- Applies to actions by state and local governments, their agencies, and officials
- Includes actions by private entities acting on behalf of the government
- Courts use various tests to determine presence of state action
- Doctrine crucial for determining scope of constitutional protections
The Public Function Test and Its Applications
- Public function test identifies private entities performing traditional government functions
- Applies constitutional constraints to these private actors
- Originated in (1946) involving a company-owned town
- Includes functions like running elections, operating prisons, providing utilities
- Test narrowed over time to focus on exclusively governmental functions
- Courts consider historical context and nature of the function
- Balances protection of rights with respect for private property and autonomy
The Entanglement Test and Government Involvement
- Entanglement test examines government involvement in private actions
- Considers degree of government encouragement, coercion, or participation
- Applies when government and private entities have significant interdependence
- Factors include financial support, regulatory oversight, joint participation
- (1961) established framework
- Test looks at totality of circumstances rather than single determining factor
- Helps identify state action in complex public-private relationships
The Civil Rights Cases and Their Lasting Impact
- (1883) landmark Supreme Court decision
- Struck down parts of the Civil Rights Act of 1875
- Established state action requirement for 14th Amendment violations
- Ruled Congress lacked power to prohibit private discrimination
- Limited federal government's ability to address
- Led to development of state action doctrine and subsequent tests
- Influenced civil rights legislation and jurisprudence for decades
Key Terms to Review (24)
Affirmative Action: Affirmative action refers to policies and practices aimed at increasing the representation of historically marginalized groups in various areas such as education, employment, and government contracting. These initiatives seek to address past discrimination and promote diversity, ensuring equal opportunities for individuals regardless of their race, color, religion, sex, or national origin. Affirmative action is closely tied to the legal framework surrounding equal protection and anti-discrimination laws, as well as the interpretation and application of the 14th Amendment in state actions.
Brown v. Board of Education: Brown v. Board of Education is a landmark Supreme Court case decided in 1954 that declared racial segregation in public schools unconstitutional, effectively overturning the 'separate but equal' doctrine established in Plessy v. Ferguson. This case significantly advanced civil rights by establishing that separate educational facilities are inherently unequal, which has had profound implications for equality and anti-discrimination laws.
Burton v. Wilmington Parking Authority: Burton v. Wilmington Parking Authority is a significant Supreme Court case from 1961 that addressed the application of the 14th Amendment's Equal Protection Clause to state actions, specifically in relation to racial discrimination in public facilities. The case involved a racially discriminatory policy at a publicly owned parking garage in Delaware that denied service to Black customers while allowing White customers access. The decision emphasized that state actions that support or facilitate discrimination by private entities violate the Equal Protection Clause.
Civil Liberties: Civil liberties are individual rights and freedoms that are protected from government interference, often enshrined in law or constitutional provisions. These liberties ensure personal freedoms such as speech, assembly, and religion, and are critical in maintaining a democratic society where individuals can express themselves without fear of oppression. The understanding and application of civil liberties have evolved from historical foundations laid in English law, influenced by Enlightenment thinkers, and continue to be interpreted through the lens of the 14th Amendment in relation to state actions.
Civil Rights Cases: Civil rights cases refer to a series of Supreme Court decisions from the late 19th century that addressed the application of the 14th Amendment, particularly regarding state actions that discriminated against African Americans. These cases played a crucial role in defining the limits of federal power in protecting civil rights and highlighted the challenges in enforcing equality at the state level. The rulings collectively limited the scope of the 14th Amendment's Equal Protection Clause, which aimed to secure rights for all citizens, particularly newly freed slaves after the Civil War.
Civil rights movement: The civil rights movement was a social and political struggle during the 1950s and 1960s aimed at ending racial discrimination and securing equal rights for African Americans and other marginalized groups in the United States. It sought to challenge and dismantle systemic racism through various means, including legal action, grassroots activism, and peaceful protests.
Due Process Clause: The Due Process Clause is a constitutional guarantee that ensures fair legal proceedings and protects individuals from arbitrary deprivation of life, liberty, or property. It exists in both the Fifth and Fourteenth Amendments of the U.S. Constitution, emphasizing that no one can be deprived of their rights without appropriate legal procedures, linking directly to the roles of state courts and their jurisdiction, as well as procedural and substantive due process rights.
Equal Protection Clause: The Equal Protection Clause is a provision in the Fourteenth Amendment to the United States Constitution that requires states to treat individuals equally under the law. This clause is significant in preventing discrimination and ensuring that all people have equal access to legal rights and protections, impacting state court systems, anti-discrimination laws, and the way states amend their constitutions.
Fundamental rights: Fundamental rights are basic human rights that are guaranteed to all individuals, which the government cannot infringe upon without a compelling reason. These rights include essential freedoms like the right to free speech, the right to privacy, and the right to due process, and they serve as a cornerstone for both state and federal protections against arbitrary government action.
Gender equality: Gender equality refers to the state in which individuals of all genders have equal rights, responsibilities, and opportunities. This principle asserts that everyone, regardless of gender, should have access to the same social, economic, and political resources, ultimately promoting fairness and justice in society. It plays a crucial role in discussions about civil rights and anti-discrimination laws, particularly regarding how laws and policies affect individuals based on their gender.
Gitlow v. New York: Gitlow v. New York was a landmark Supreme Court case in 1925 that established the principle that the First Amendment's protection of free speech also applies to state governments through the Fourteenth Amendment's Due Process Clause. This case marked a significant step in the incorporation of the Bill of Rights, demonstrating how individual rights could be protected from state interference.
Jurisdiction: Jurisdiction refers to the legal authority of a court or governmental body to make decisions and enforce laws within a specific geographic area or over particular subject matters. In the context of the 14th Amendment, jurisdiction plays a crucial role in determining how state actions are evaluated against constitutional protections, specifically in relation to individual rights and liberties.
Marsh v. Alabama: Marsh v. Alabama is a landmark Supreme Court case from 1946 that established the principle that a private property owner could not prohibit free speech and assembly on property that was functionally equivalent to a public space. This case highlighted the application of the 14th Amendment's protections against state actions infringing on individual rights, emphasizing that First Amendment freedoms extend to privately owned areas that serve as public forums.
McDonald v. Chicago: McDonald v. Chicago is a landmark Supreme Court case from 2010 that held the Second Amendment right to keep and bear arms is applicable to the states through the Fourteenth Amendment's Due Process Clause. This case expanded the interpretation of the Second Amendment beyond federal laws, influencing state regulations on gun ownership. It marked a significant moment in the ongoing debate about individual gun rights and state authority.
Precedent: Precedent refers to a legal principle or rule established in a previous case that is binding or persuasive in subsequent cases with similar facts. It plays a crucial role in ensuring consistency and predictability in the law, guiding judges and courts in making decisions that align with established legal standards and interpretations.
Racial discrimination: Racial discrimination refers to the unfair treatment of individuals based on their race or ethnicity, resulting in unequal opportunities and outcomes in various aspects of life. This concept is crucial when discussing the 14th Amendment, which guarantees equal protection under the law and aims to eliminate such discriminatory practices by state actors.
Rational basis test: The rational basis test is a standard of judicial review used by courts to evaluate laws or government actions that are challenged as violating the Equal Protection Clause of the 14th Amendment. It requires that the law in question be rationally related to a legitimate government interest, meaning that the government must have a valid reason for the law and that there is a logical connection between the law and its purpose. This test is the lowest level of scrutiny applied in constitutional law.
Reconstruction Era: The Reconstruction Era was a period in United States history from 1865 to 1877 following the Civil War, aimed at rebuilding the country and integrating formerly enslaved people into society. This era was marked by significant political, social, and economic changes as the nation struggled to address the consequences of slavery and redefine citizenship. It laid the groundwork for future civil rights advancements through the implementation of the 14th Amendment, which sought to ensure equal protection under the law for all citizens, especially African Americans.
Roe v. Wade: Roe v. Wade is a landmark Supreme Court case decided in 1973 that established a woman's legal right to have an abortion under the right to privacy. This case has become a critical reference point in discussions about reproductive rights, equality, and the scope of government power in personal decisions, influencing numerous legal battles and social movements surrounding women's rights and bodily autonomy.
Selective Incorporation: Selective incorporation is a constitutional doctrine that ensures that certain fundamental rights, guaranteed in the Bill of Rights, are applicable to the states through the Due Process Clause of the 14th Amendment. This process prevents states from enacting laws that infringe on these rights, creating a balance between state and federal power. By selectively applying specific rights rather than the entire Bill of Rights to the states, the Supreme Court has shaped how individual liberties are protected at both levels of government.
Slaughter-House Cases: The Slaughter-House Cases were a set of Supreme Court decisions from 1873 that addressed the scope of the 14th Amendment and its application to state actions. These cases were significant because they interpreted the privileges and immunities clause of the 14th Amendment, ultimately ruling that it did not protect individual rights against state interference in the same way it protects rights from federal government action. This set a precedent for limited federal protection of individual rights against states.
State action doctrine: The state action doctrine refers to the legal principle that the protections of the 14th Amendment, specifically its guarantees of due process and equal protection, apply only to actions taken by governmental entities or officials, rather than private individuals or organizations. This doctrine is essential for understanding how the 14th Amendment limits state power and upholds individual rights against state actions.
Strict scrutiny: Strict scrutiny is the highest standard of judicial review used by courts when evaluating laws or governmental actions that restrict fundamental rights or involve suspect classifications. It requires that the law serve a compelling state interest and be narrowly tailored to achieve that interest while using the least restrictive means possible. This standard is essential for protecting individual rights against government infringement and plays a critical role in assessing various constitutional issues.
Total Incorporation: Total incorporation is a constitutional doctrine that holds that the Bill of Rights, as outlined in the first ten amendments of the U.S. Constitution, applies to state governments through the Due Process Clause of the 14th Amendment. This idea extends the protections afforded by the federal government to individuals against state actions, ensuring that all citizens enjoy the same fundamental rights regardless of whether a law is state or federal. Total incorporation aims to create a uniform standard for civil liberties across the nation.