Shared Flashcard Set

Details

Con Law II - State Action
Toledo Law - Professor Strang - Fall 2011
16
Law
12/08/2011

Additional Law Flashcards

 


 

Cards

Term
What is State Action?
Definition
An intrusion on a person's right by either a governmental entity or by a private requirement that cna be enforced only by governmental action (such as a racially restrictive covenant, which requires judicial action for enforcememnt).
Term
Where did the rule for State Action come from? What is the rule?
Definition
The Civil Rights Cases: U.S. v. Stanley - Generally credited w/ mandating hte requirement for state action - The language of the 14th and 15th Amendments (including those provisions of the Bill of Rights applicable to the states) restricts only governmental action. The acts of mere private individuals do not fall w/in their prohibitions; only "state action" is restricted.
Term
What are the exceptions to the State Action doctrine?
Definition

- The 13th Amendment,

- Public Function exception,

- Entanglement exception, and

-Entwinement exception.

Term
What is the 13th Amendment exception to the State Action doctrine?
Definition
Slavery is prohibited by private persons.
Term

What is the Public Function exception to the State Action doctrine?

Definition
When a private party discharges a public or governmental function. The test is if a private individual or entity undertakes a function that is traditionally and exclusively done by the state, then they are considered state actors. (Jackson v. Metropolitan Edison Co.)
Term
Is the operation of a "company town" a public function?
Definition

Yes, and thus is state action, because towns are usually operated by the government.

Marsh v. Alabama

Term
Is the carrying out of primary elections a public function?
Definition
Yes. The electoral process is a public function, and is thus state action. Therefore, the carrying out of primary elections is state action, even if the acts are directly carried out by "private" political parties. 
Term
Are shopping centers a public function?
Definition

No. Operation of a shopping center is not the equivalent of operating a company town, so a person doesn't have any 1st Amendment rights in the shopping center.

Hudgens v. NLRB

Term
Are parks a public function?
Definition
Operation of a park is usually deemed a governmental function, so generally the operation of a park will constitute state action under the public function doctrine. Therefore, even if the park is being operated by private persons, it must still obey constitutional constraints (e.g., it can't be operated for whites only - Evans v. Newton).
Term

What is the Entanglement exception to the State Action doctrine?

Definition
Private conduct is considered state action when the state, in some strong sense, authorizes, encourages, or facilitates private conduct that if it were a state action would violate the Constitution. 
Term

What are the 4 main areas of the Entanglement exception to the State Action doctrine?

Definition

1) Judicial and Law Enforcement Actions;

2) Government Licensing and Regulation;

3) Government Subsidies; and

4) Voter Initiatives Permitting Discrimination.

Term
What is the Judicial and Law Enforcement Actions section of the Entanglement exception to the State Action doctrine?
Definition

If any decision by a state court represents state action, then private action must comply w/ the Constitution.

- Shelley v. Kraemer: courts can't enforce racially restrictive covenants;

- Lugar v. Edmondson Concrete Co.: Prejudgment attachment.

Term

What is the Government Licensing & Regulation section of the Entanglement exception to the State Action doctrine?

Definition

Govt licensing or regulation is insufficient for a finding of state action, unless there is other govt encouraging or facilitating of unconstitutional conduct. 

- Burton v. Wilmington Parkign Authority: significant state involvement; symbiotic relationship

- Moose Lodge No. 107 v. Irvis: Distinguishes and narrow Burton

Term

 

What is the Government Subsidies section of the Entanglement exception to the State Action doctrine?

 

Definition

- Norwood v. Harrison: Under the EP Clause, a State may not provide aid to private institutions that practice racial discrimination. 

- Rendell-Baker v. Kohn: Publicly funded and regulatied private orgs are not state actors under the 14th Amend, unless govt compels or influences their actions --> narrows the entanglement exception and adheres to the narrow perception of public functions.

Term

 

What is the Voter Initiatives Permitting Discrimiantion section of the Entanglement exception to the State Action doctrine?

 

Definition
- Reitman v. Mulkey: Anytime a state puts additional obstacles that is going to be state action -They are making it easier to have discrimination
Term

What is the Entwinement exception to the State Action doctrine?

Definition

It is not clear whether entwinement is a full exception based on the case law; or rather a subset of entanglement. 

- Brentwood Academy v. Tennessee Secondary School Athletic Assn.: State action may be found if there is such a close nexus b/t state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself.