3 nexus is there a sufficient nexus between the g and

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3. Nexus – is there a sufficient nexus between the G and D so that D is subject to the constitution? **If private c is doing something that would be unconstitutional if the state did it, there’s a heightened chance it will be unconstitutional based on our cultural value** 27
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though they were binding covenants written into the agreement itself. a. This case turned on the symbiotic relationship of the funds exchanged between the D and Government. e. Moose Lodge No. 107 v. Irvis i. Facts: P was a guest at the Moose Lodge. They refused to serve him because he was black. Because PA issued a liquor license to the lodge, P claims this is enough state action to trigger the 14th Am. ii. Issue: Is this state action? iii. Holding: No. 1. If the mere fact that company is subject to regulation is enough, then every business would be considered state action. 2. This was far too removed from the government to be considered state action. This was a private club, this case was about alcohol, and the club didn’t hold itself out to be associated with or part of the government. 3. Heavy regulation of a business ≠ automatic state action f. Jackson v. Metropolitan Edison Co. i. Facts: P was delinquent on her electric bill. They shut her off. Her roommate opened an account at the address under his name. He became delinquent. They shut it off. When this happened, she claimed that this was a deprivation of property without Due Process in violation of the 14th. ii. Issue: Is this state action? iii. Holding: No. 1. This is a private company (albeit one subject to heavy government regulation). 2. State of PA is not sufficiently connected with respondent’s action in terminating petitioner’s services so as to make respondent’s conduct in so doing attributable to the state for purposes of the 14th. 3. There is state action in the exercise by a private entity of powers traditionally exclusively reserved by the state. But this did not happen here. a. The mere fact that a business is subject to state regulation does not by itself convert its action to that of the State for purposes of the 14th Am. Nor does the fact that the regulation is extensive and detailed… do so.” b. Need more – to establish a “close nexus.” 28
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XI. The Second Amendment a. A well regulated Militia, being necessary to the security of a free state , the right of the people to keep and bear Arms, shall not be infringed .” i. Prefatory Clause ii. Operative Clause b. District of Columbia v. Heller , 2008 i. Facts : DC had a regulation that restricted residents from owning handguns, excluding those grandfathered in by registration prior to 1975 and those possessed by active and retired law enforcement officers. The law also required that all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock." P was a DC cop and he challenged the constitutionality of this under the 2nd Am.
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  • Spring '18
  • Government, Fourteenth Amendment to the United States Constitution

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