FAMU Hurt Constitutional Law II: Difference between revisions

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Constitutional Law II
Taught by Joseph Richard 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.

Examples

Terry v. Adams: A private political party that controls the outcome of elections is engaging in state action, thereby making it subject to the 15th Amendment of the Constitution (must allow citizens of all races to vote).

Evans v. Newton: Operating a park is a public function and therefore, the owner is subject to the Fourteenth Amendment of the Constitution.

Hudgens v. National Labor Relations Board: A private shopping mall is not the functional equivalent of a town and, therefore, not a state actor subject to the requirements of the First Amendment of the Constitution. 


Manhattan Community Access Corporation v. Halleck: The Court ruled that under the state-action doctrine, the operation of public access television channels on a cable system was not a traditional, exclusive public function, and a private entity that opened its property for speech by others was not transformed by that fact alone into a state actor.

Entanglement

Judicial and Law Enforcement Actions

Government Licensing and Regulations

Government Subsidies

Entwinement

Due Process of Law

Substantive Due Process: Fundamental Rights

Right of Autonomy and Right of Privacy

Substantive Due Process: Non-Fundamental Rights

Economic and Social Welfare Rights

General

Contracts Clause

Takings Clause

Is it a Taking?
Is it Property?
Is it for Public Use?
Is there Just Compensation?

Procedural Due Process

Equal Protection

History of Equal Protection and Levels of Review

Non-Suspect Classifications

Suspect Classifications Based on Race

Fundamental Rights and Equal Protection Clause