Type of Action Governed by Constitution

Question 1

What is the requirement to bring a constitutional violation

Answer 1

For a constitutional violation, you need state action

Question 2

What does the constitution protect you from?

Answer 2

Only the government (not private individuals)

Question 3

There are two exceptions to the rule that constitutional rights can be violated only by governmental action
(2)

Answer 3

Constitutional claims allowed when:

1. when a private party is performing a function that usually only a state actor would (owns the hole town>a shopping mall)
2. the significant state involvement theory

Question 4

What is the public function theory?

Answer 4

An exception to state action being necessary for constitutional

when a private party is performing a function that usually only a state actor would (owns the hole town)

Question 5

the significant state involvement theory:

Answer 5

A private actor can be considered a state actor if it is closely encouraged by the state (state hand inside the private glove)

E.g. organizer of state public school basketball tournament.

Question 6

What constitutional challenge can always be brought regardless of the status of the actor?

Answer 6

13th amendment claims