Civil Rights Cases
Civil rights guaranteed by the Constitution cannot be impaired by the wrongful acts of individuals unless such acts are sanctioned or authorized by the state.
– Section 1 of the 14th Amendment applies only to the states and prohibits certain actions by states. That section has no application to the private conduct of individuals, which is the province of state law
– The enforcement power granted to Congress in the last section of the 14th Amendment enables Congress only to pass laws prohibiting states from engaging in the form of action proscribed by Section 1 of the Amendment
– Accordingly the first two sections of the Civil Rights Act of 1875 are invalid because they seek to prescribe private, individual conduct that is properly the subject of state legislation
– This is a narrow reading of § 1 of the 14th Amendment. The amendment only affects state action. This law steps into the domain of local jurisprudence, and lays down rules for the conduct of individuals in society towards each other, and imposes sanctions for the enforcement of those rules, without referring in any manner to any spposed action of the state or its authorities
– Until some stat law has been passed or some state action through its officers or agents has been taken, adverse to the rights of the citizens sought to be protected by the 14th Amendment, ,no legislation of the US can be called into activity
Public Functions Exception- When a private actor provides a services that is traditionally exclusively supplied by the gov’t
Entanglement Exception 1. when the gov’t authorizes or upholds private conduct that violates the Constitution
(Shelly v. Kraemer)
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