Pg 47

Question 1

What is state action?

Answer 1

The constitution only runs against the national and state governments, so it is important that there is government involvement in order for constitutional protections to apply. This means there must be a close nexus between the state and the challenged action.

Question 2

Can any subdivision of a state, including administrative agencies or independent political subdivisions like a city be considered to be the government and thus their actions would be state action?

Answer 2

Yes

Question 3

Anytime that there is state action, what is necessary?

Answer 3

Due process

Question 4

Is an act of an official either federal or state, even if they violate the law, considered to be state action?

Answer 4

Yes

Question 5

If Amtrak has government appointed directors, are they considered to be state actors?

Answer 5

Yes

Question 6

What must a private actor do in order to be considered a state actor?

Answer 6

Must engage in conduct that is traditionally or exclusively performed by the government

Question 7

What is a good tip for finding state action?

Answer 7

Look for some formal connection between an individual and the government.

Question 8

Government employees are usually considered to be acting for the government, and thus state actors, unless what?

Answer 8

Unless their actions are so clearly outside of the formal authority and de facto authority that their position grants, that they would not be considered to be acting for the government

Question 9

Why would someone breaking into another person’s house not be considered an unreasonable search or seizure?

Answer 9

Because the constitution only applies against state government actors. Here this is two private people, so search and seizure would not apply

Question 10

What is the purpose of the constitution?

Answer 10

To limit the actions of the government against citizens

Question 11

What are the individual liberties of people under the Constitution?

Answer 11

They are liberties against the government and entities of the government

Question 12

If an individual citizen feels that his freedoms or rights were violated under the constitution, what is the first thing that has to be figured out?

Answer 12

If the defendant’s activities were sufficient government action to be subject to the constitution

Question 13

If private people or groups are endowed by the state with powers or functions that are governmental in nature, what happens to them?

Answer 13

They become agencies or instrumentalities of the state and then are subject to constitutional limitations

Question 14

If the plaintiff wills a park to the city to be used only for white people, is that OK?

Answer 14

Not if the state supervises, controls, or manages the facility. It is OK to have golf clubs or social centres that are racially oriented as long as they are completely private, but parks serve the community which is public domain

Question 15

How do you deal with state action on an essay?

Answer 15

– ask if the constitutional deprivation was the result of a right or privilege whose source was state authority
– ask if the private party that was charged with state action could be considered in all fairness to be a state actor

Question 16

What are things that you should consider when deciding if a private party should be considered to be a state actor?

Answer 16

The extent that the actor relies on government assistance or benefits, if the actor is performing traditional government functions, and whether the injury is aggravated by incidents of government authority

Question 17

What are the tests that are used to determine whether private action is considered to be state action?

Answer 17

– The public function test
– the close Nexus test
– the state compulsion test

Question 18

What is involved in the public function test to determine whether a private action is considered to be state action?

Answer 18

If the function is so governmental in character that the state cannot disclaim responsibility for its performance, it is determined to be state action. This is for private actors that exercise the power equivalent in nature and scope to that of the state

Ie: running a police force, conducting election for office.

Question 19

What is a public function under the public function test to determine if private action is considered to be state action?

Answer 19

Doing what the government normally does as part of government functions. Something that is traditionally exclusively provided by the state, such as running election systems, governing cities, or operating a park. The court considers the extent that the actor relied on the government assistance or benefits, if he is performing traditional government functions, if he delegated operation of traditional public functions to a private person or organization, as well as if the injury caused is aggravated in a unique way by incidence of government authority.

Question 20

Why was the Jehovah witness pamphlet case in a private town considered to be government action?

Answer 20

The more that the owner, for his advantage, opens up his property for use by the general public, the more his rights are circumscribed by the rights of others. The owners of private bridges, fairies, and railroads mostly benefit the public, so the operation is essentially a public function and thus is subject to state regulation.

This was a private town. Running a town is a public function and the company owner of the town is a state actor because the town was built and operated to benefit the public and its operation is a public function

Question 21

If a private person is exercising government powers, are they considered to be a state actor?

Answer 21

Yes

Question 22

If a privately owned property takes on the essential characteristics of a municipality, is state action present?

Answer 22

Yes

Question 23

Why is discrimination at a park that is managed by private trustees considered to violate the 14th amendment?

Answer 23

Because the government was responsible since they were entwined in the management of the park and the service was municipal in nature

Question 24

If you run a business or a public utility that could be run by the government, but is privately owned, is that considered to be a public function?

Answer 24

No