Civil War Amendments and Congressional Power

Question 1

14th Amendment

Answer 1

Prevents States From Denying Citizens:

1) Equal protection of the laws, or
2) Life, liberty, or property without due process of law,
3) Privileges and immunities of Citizen’s of the USA

Question 2

CONCEPT OF STATE ACTION

Answer 2

• 14th Amendment only protects Citizen’s from actions of the Government (Not private Individuals)

Question 3

Public Function Doctrine

Answer 3

Exclusively Public functions performed by private groups or individuals = State Action

• Company Town (Marsh v. Alabama)
• Function must be one that traditionally has been exclusively a public function.

Question 4

“State Involvement” Doctrine

Answer 4

Conduct of a private individual may constitute State Action if the state is “Heavily Involved” in his activities.

1) Commandment: State required private party to act a certain way. (Judicial Enforcement of a private racially restrictive Covenant) Shelley v. Kramer
2) Encouragement: state encourages private actions = state action
3) Symbiosis: State + private actor have a mutually beneficial relationship (Restaurant refused service to african americans - equal protection rights violated) Burton v. Wilmington Parking Auth.
4) Entanglement / entwinement: state is entangled with a private actor. (State allows litigant to use peremptory challenges to exclude jurors on racial grounds) Edmondson v. Leesville Concrete)