Types of Actions Governed by the Constitution

Question 1

What is state action requirement?

Answer 1

In order to show a constitutional violation either by the state or federal governments, the P must show that there is governmental action.

Question 2

Is there a state action requirement in the 14th and 15th Amendments?

Answer 2

The 14th and 15th Amendment prohibits governmental conduct, and not private conduct which infringes upon protected individual rights.

Question 3

What are the two exceptions to the state action requirement?

Answer 3

State action can be found in the actions of private actors under:

1. Public function theory - Where a private entity is carrying on activities traditionally and exclusively performed by the government; or
2. Significant state involvement - Where the government and private entity are so closely related that the action by the private party fairly can be treated as action by the government.

Question 4

Can national power override state law?

Answer 4

The Supremacy Clause provides that the Constitution, treaties, and laws of the US are the supreme law of the land.

Federal law supersedes state law that is in direct conflict.

Congress can preempt any state law in an area in which the exercise of federal power is constitutional.

Where Congress does not intend to occupy a field completely, the states may enact similar legislation.

Greater state protection is permitted.