The State Action Doctrine

1
The State Action Doctrine

• no state shall deny equal protection of the
  laws
• Civil rights, such as are guaranteed by the
  Constitution against State aggression cannot be
  impaired by the wrongful acts of individuals,
  unsupported by the State (Civil Rights Cases,
  p.213)
• But what acts are unsupported by the state??
• The state always acts
• Example of homeowner who discriminates against
  a visitor the state enables the homeowner action
  (p.214)

2
The State Action Doctrine

• Really 2 issues
• (1) Who is the State?
• What if the state delegates what is typically
  government power to a private party? Might some
  private parties be so entwined with the
  government to count as state actors?
• (2) When does the States action violate the
  Constitution?

3
First Issue who is the State?

• The public function doctrine private actors
  who perform public functions count as the state
• Series of cases on the Texas Democratic Partys
  attempts to limit voting in primary elections,
  p.215-16 culminating in Terry v. Adams (1953)
  Jaybird Democratic Association is a state
  actor. How exactly did this private association
  become the state?
• Marsh v. Alabama (1946) company town is a
  state actor J. Black balances the peoples
  interest in retaining their freedoms in the town
  where they live and the property owners interest
  in controlling property they have opened up to
  wide public use.

4
Modern Limits of the Public Function Doctrine

• Private shopping center not a state actor
  (Hudgens v. NLRB) (but see Pruneyard v. Robins
  shopping center is state actor under the
  California constitution)
• Privately owned utility with state-granted
  monopoly on electricity is not a state actor
  (Jackson v. Met. Edison)
• Electricity may be an essential public service,
  but is not traditionally the exclusive
  prerogative of the state
• Private warehouse authorized by state law to sell
  goods to discharge a debt is not a state actor
  (Flagg Brothers v. Brooks)
• State acquiescence in private action does not
  convert private into state action

5
Second Issue When does the State Violate the
Constitution? Shelley v. Kraemer

• Is there a state action problem in Shelley? What
  is it?
• Why did the states action violate the
  Constitution?
• How is Shelley distinguishable from the landowner
  who ejects a visitor because of race?