Incorporation/ State Action Doctrine Flashcards
Incorporation
when provisions of the Bill of Rights also apply to the state and local governments
How was the Bill of Rights incorporated to the states?
By the Due Process Clause
What Clauses are in the 14th Amendment?
1) Citizenship Clause
2) Equal Protection
3) Due Process
4) Privileges and Immunities
What is the only amendment (thing) where state actor does not have to be involved?
13th Amendment, Abolish slavery
Does the Privileges and Immunites Clause do anything really?
not under the 14th Amendment. The P and I clause does not really do anything, pretty much non-existent today
What Amendments are incorporated?
The first 8 amendments
How can state regulate private citizens?
by the commerce clause, not the 14th amendment
Steps for State Actor Doctrine
1) Has government engaged in action?
- If yes, then done.
2) If not look to facts of the case
(a) Public Function- if the private individual is acting like a public function can be classified as a state under the doctrine
(b) Entanglement or entwinement: private entity that is so entwinned with the government you cannot pull apart
Examples of Public Function
A company town will be classified as a state actor in the State Actor Doctrine
Will the courts enforce a restrictive covenant?
No, applies to state actor doctrine
Is licensing a private individual enough for the State Actor Doctrine?
NO
mere license is not enough
Plain Language of Civil Rights Cases
14th Amendment does not apply to purely private discrimination
- Congress cannot enforce under 14th Amendment b/c purely private actors
