15. State Action (14A)

Question 1

What are the basic requirements of state actions (14A)?

Answer 1

1) Private citizen
2) Violates Constitution
3) State involvement
- Exclusive + traditional public function
- Significant state involvement

Question 2

What is difference between 13A and 14A?

Answer 2

13A

• Private citizen (with NO state involvement)
• Slavery/Involuntary servitude

14A

• Private citizen (with state involvement)
• Constitutional violation

Question 3

What is required for significant state involvement?

Answer 3

1) State’s involvement
- State government
- State official
- State court

2) Affirmative action towards citizen’s discriminatory act
- Facilitate
- Encourage
- Authorise
- NOT mere acquiescence/outlaw