Pg 49 Flashcards
What is involved in the element to find state action that requires encouragement, authorization, or approval?
The state is responsible for private action when it exercises coercive power over the action or significant encouragement. There’s state action when the government is authorizing, approving, or encouraging someone to engage in constitutionally questionable behavior.
If a guy sues a private company for shutting off his utilities and claims that that was state action, is it?
No because the government didn’t approve, order, or take responsibility for the policy that offended the plaintiff
Would it be state action if the state enforced private racial discrimination covenants in deeds?
Yes because the government was forcing unwilling parties to racially discriminate
If you are just regulated by the state, is that state action?
No because there’s no nexus, encouragement, coercion, or entwinement.
What does the 13th amendment provide?
This is an absolute bar to slavery and involuntary servitude. There is no requirement of state action, so this applies to individuals and the states
What does section 1 and section 2 of the 13th amendment say?
– section 1: abolishes slavery and provides universal freedom. This allows the court to remedy private and state misconduct that violates this. Applies to everyone that is subject to the jurisdiction of the United States and doesn’t depend on government action
– section 2: abolishes badges and incidents of slavery and allows Congress to enact legislation to eradicate these things.
What does article I do?
Establishes Congress and its powers and describes authority and power of the legislature. This is minimum requirements for how representatives are put into place, vacancies filled, the Senate composed, who presides over the Senate, when they meet, how they are paid, what kind of power they have, etc.
This divides Congress into two fundamentally different bodies
– Congress
– Senate
