VI. State Actions Flashcards
State action
The constitution with the exception of the 13th amendment only prohibit state actions. Yet private individuals may still be fount to be state actors.
Public Function
A private party exercising powers / performing functions that have been traditionally exclusively reserved to the state is engaged in state action
State Coercion Or Significant Encouragement
When the government coerces, significantly encourages, or assists in private action, it may constitute state action
- When does “state action” exist?
(1) the government is requiring the private actor to perform the challenged activity,
(2) the government’s purpose is to violate the rights of its citizens through the actions of private individuals(Using judicial powers to enforce counts)
Symbiotic Relationship
Government and private entity basically
working/participating together as one to achieve an objective. Limited to when the government is the Landlord.
Entwinement
Where public institutions and public officials are close nexus in the composition, workings, and responsibilities of anominally private entity.