FAMU Hurt Constitutional Law II
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State Action Doctrine
State Action Doctrine is the concept that the government cannot regulate private activity, it can only regulate activities of the government (federal and states via 14th incorporation). US v. Stanley.
Exceptions: When the Government CAN Regulate Private Activity
Public Function
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