FAMU Hurt Constitutional Law II: Difference between revisions
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==Exceptions: Instances Where the Government CAN Regulate Private Activity== | ==Exceptions: Instances Where the Government CAN Regulate Private Activity== | ||
===Public Function=== | ===Public Function=== | ||
A private entity must comply with the Constitution if it is performing a task that has been traditionally and exclusively done by the government. ''Marsh v. Alabama''. | * A private entity must comply with the Constitution if it is performing a task that has been traditionally and exclusively done by the government. ''Marsh v. Alabama''. | ||
* There must be a sufficiently close nexus between the State and the challenged action of the regulated entity for the action of the regulated entity to be considered an act of the State. ''Jackson v. Metropolitan''. | |||
===Entanglement=== | ===Entanglement=== |
Revision as of 17:48, December 8, 2021
Con Law II | |
Taught by | Hurt |
---|---|
School | Florida A&M University College of Law |
Semester(s) taught | Fall 2021 |
Required texts | |
Supplementary materials | |
Related course(s) |
State Action Doctrine
State Action Doctrine is the concept that the Constitution cannot regulate private activity, it can only regulate activities of the government (federal and states via 14th incorporation). US v. Stanley.
Exceptions: Instances Where the Government CAN Regulate Private Activity
Public Function
- A private entity must comply with the Constitution if it is performing a task that has been traditionally and exclusively done by the government. Marsh v. Alabama.
- There must be a sufficiently close nexus between the State and the challenged action of the regulated entity for the action of the regulated entity to be considered an act of the State. Jackson v. Metropolitan.