Join Maude and Claude on the Study for the Bar in Your Car podcast for a deep dive into Constitutional Law - Individual Rights! This episode is your essential guide to how the U.S. Constitution protects individual liberties.

We start with the crucial principle: the Constitution primarily regulates government action, not private conduct, with the 13th Amendment's ban on slavery as a key exception. Discover how the Bill of Rights largely applies to states via the 14th Amendment's Due Process Clause (selective incorporation), with specific exceptions like grand jury indictments.

Explore the 14th Amendment's vital role, including the Privileges or Immunities Clause protecting the fundamental right to interstate travel (as in Saenz v. Roe). Understand Congress's remedial Section 5 enforcement power, which must be proportionate and congruent to addressing state constitutional violations and can abrogate state sovereign immunity.

A core concept is the state action requirement, detailing when private acts become state action through "exclusive public functions" (e.g., running a town [Marsh v. Alabama]) or "significant state entanglement" (e.g., judicial enforcement of discriminatory contracts [Shelley v. Kraemer]).

Master the levels of scrutiny courts apply:

• Rational basis (easiest to pass), now applicable to abortion regulations post-Dobbs.
• Intermediate scrutiny for gender (Craig v. Boren).
• Strict scrutiny (toughest) for suspect classifications (race, national origin) and fundamental rights (voting, free speech, privacy—like marriage and contraception). We cover free speech nuances including prior restraints (New York Times Co. v. United States) and obscenity (Miller v. California test).

Finally, navigate the justiciability doctrines—the federal court gatekeepers: standing (requiring injury, causation, redressibility), ripeness (case ready), mootness (not resolved, with exceptions like "capable of repetition yet evading review"), and the political question doctrine (issues courts won't decide, e.g., partisan gerrymandering vs. justiciable malapportionment). Learn how cases reach the Supreme Court, mainly through discretionary writ of certiorari.

This episode is packed with essential knowledge, helping you grasp the dynamic interplay of individual rights and governmental powers. Tune in and empower your legal understanding!