State action

Question 1

The 13th amendment banned not only slavery but..

Answer 1

the badges and incidents of slavery

This applys to private parties, not just state actions

Question 2

What are the three ways state action may be found?

Answer 2

• The formal approach
• Gov’t function
• Entwinement

Question 3

The formal approach for state action

Answer 3

party you are suing in a gov’t official

Is the gov’t acting or a private party (90% of state action tests)

Suing a cop for police violence, you are suing the gov’t not the officer as an individual.

Question 4

The government function test for state action

Answer 4

When a private party performs a government function

Private jails hired by the gov’t are carrying out a gov’t function

Question 5

Entwinement

Answer 5

Gov’t enabling private actions

Question 6

Will essental public services yield a state action?

Answer 6

No

Electric power not traditional government function

Question 7

Can a corperation ever become strong enough to be counted as state action

Answer 7

No

Question 8

When is an aspect of an election not considered state action?

Answer 8

None, all aspects of elections are state actions, even if private parties are carrying them out.

Question 9

Is government regulation enough to find state action?

Answer 9

No

Question 10

Is a private school a state action

Answer 10

no

Question 11

Is capitalism state action? (Creditors’ remedies)

Answer 11

NO, unless the govt is involved more than just establishing the rules then yes

Question 12

When is contract enforcement state action?

Answer 12

Private contract enforcement is not state action generally, but was allowed to dismantle Jim Crow

A damage action for violation of a racial covenant is also state action