Types of Action Governed by Constitution

Question 1

State action requirement

Answer 1

The p must show that there is governmental action

Question 2

Exceptions to state action requirement

Answer 2

1) public function theory: where a private entity is carrying on activities traditionally performed by the government
2) Significant state involvement theory: Where a private party’s action is closely encouraged and supported by the state, the private party’s action can be treated as an action by the government.
3) 13th amendment: Does not require state action; it protects against actions of private individuals