State Action

Question 1

State Action

Answer 1

State action is where private action becomes action of the state and subjects private actors to limitations of the 14th amendment.

Question 2

Governmental Function Doctrine

Answer 2

Where a private party is performing what is traditionally and exclusively the function of the government. The question is whether or not the entity is acting like the state.

Question 3

Governmental Compulsion, Authorization, or Substantial Encouragement

Answer 3

Where the asserted deprivation of a right is caused by: a right created by the state, a rule imposed by the state, or a person for whom the state is responsible, AND the party charged with the deprivation may fairly be described as a state actor, then there is state action.

Question 4

Public/Private Entwinement or Partnership

Answer 4

Where state and private party agree to joint action or enter into a symbiotic relationship and the state and a private actor have a mutually exclusive benefit.

Question 5

Enforcement Powers of 13th, 14th, 15th Amendments

Answer 5

13th: Prohibition against slavery and involuntary servitude (may be enforced against private and state action)
14th: Privileges and immunities of US citizenship, and the due process and equal protection rights of all persons (may be enforced only against state action)
15th: Prohibition against denial of the franchise on the basis of race (may be enforced against only state action)
Congress’ exercise of its remedial power must be proportional and congruent to the violation.