FAMU Hurt Constitutional Law II

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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[edit | edit source]

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[edit | edit source]

Public Function[edit | edit source]

  • 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[edit | edit source]

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[edit | edit source]

Judicial and Law Enforcement Actions[edit | edit source]

Government Licensing and Regulations[edit | edit source]

Government Subsidies[edit | edit source]

Entwinement[edit | edit source]

Due Process of Law[edit | edit source]

Substantive Due Process: Fundamental Rights[edit | edit source]

Right of Autonomy and Right of Privacy[edit | edit source]

Substantive Due Process: Non-Fundamental Rights[edit | edit source]

Economic and Social Welfare Rights[edit | edit source]

General[edit | edit source]

Contracts Clause[edit | edit source]

Takings Clause[edit | edit source]

Is it a Taking?[edit | edit source]
Is it Property?[edit | edit source]
Is it for Public Use?[edit | edit source]
Is there Just Compensation?[edit | edit source]

Procedural Due Process[edit | edit source]

Equal Protection[edit | edit source]

History of Equal Protection and Levels of Review[edit | edit source]

Non-Suspect Classifications[edit | edit source]

Suspect Classifications Based on Race[edit | edit source]

Fundamental Rights and Equal Protection Clause[edit | edit source]