State Action

Question 1

What is the importance of state (federal and state) action with regards to constitutional protections?

Answer 1

State action is a prerequisite to triggering constitutional protections.

Question 2

How is there state action with regards to a private actor through “traditional governmental function”?

Answer 2

State action is found when a private person carries on activities traditionally performed exclusively by the state (e.g., running primary elections).

Question 3

How is there state action with regards to a private actor through “significant state involvement”?

Answer 3

Sufficient mutual contacts between the conduct of a private party and the government such that the government is pervasively entwined with the entity and
-> constitutional standards should apply to the private actor
OR
-> a mutual benefit results (e.g. joint venture)

OR

The state creates a private entity by special law for the furtherance of governmental objectives and retains permanent control of the entity.

Question 4

What are the guidelines to determine if the state is acting through a private actor for determination of a state action through “significant state involvement”?

Answer 4

Guidelines
-> mere licensing or regulation of a private party is not state action
-> the state must act affirmatively to facilitate, encourage, or authorize the activity

Question 5

What are examples of non-state actions as there is insignificant state involvement?

Answer 5

Businesses that the government substantially regulates or to which it grants a monopoly:
-> nursing homes that accept Medicaid
-> schools receiving government funds but are operated by a private corporation