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

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