State Action
Constitutional Law · Lesson 07
State Action
這一課問的是：被指控之行為是否可歸責於「州」，從而觸發憲法保護？
Actor
Act
Object
Standard
Consequence
Issue · what this lesson is really about
Is the challenged conduct fairly attributable to the State so that constitutional protections apply?
這一課問的是：被指控之行為是否可歸責於「州」，從而觸發憲法保護？
Trigger words & phrases that should flag this issue:
private actorpublic functionentangledgovernment involvementcontracted
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
state action
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Conduct attributable to government, triggering constitutional limits.
州行為。
public function
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Private actor performing traditionally exclusive government function.
公共職能。
entanglement
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Government so involved with private conduct as to be responsible.
糾葛。
private actor
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Generally not bound by Constitution.
私人行為人。
Shelley enforcement
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Judicial enforcement of private discrimination = state action.
Shelley 司法執行私人歧視 = 州行為。
Rule Sentence · the workhorse
Conduct constitutes state action where a private actor performs a traditionally exclusive government function or is sufficiently entangled with the government that its conduct is fairly attributable to the State.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人private actor私人行為人
Act 行為engaging in challenged conduct從事被指控行為
Object 對象constitutional rights of another他人之憲法權利
Standard 法律標準public function · entanglement公共職能 / 糾葛
Consequence 後果Constitution applies (or does not)憲法適用 或 不適用
Casebook Snapshot · a real American case
Shelley v. Kraemer
Holding. Although private parties may agree among themselves to discriminate, judicial enforcement of a racially restrictive covenant constitutes state action subject to the Equal Protection Clause. Courts cannot lend their power to enforce private discrimination.
Why it matters. Even where the underlying agreement is private, courts cannot enforce it — that enforcement is itself state action.
Shelley：司法執行歧視私契即為州行為。
Common Mistakes · what trips students
✗ 任何接受政府補助之私人即為 state actor。
✓ Mere receipt of funds insufficient.
僅接受資金不足。
✗ 私營商城是 public function。
✓ Modern Court rejects (Lloyd Corp).
現代法院否決。
Mini IRAC · build the Application
Issue. Does a privately owned hospital's discharge of an indigent patient constitute state action where the hospital is heavily regulated and partly funded by the state?
Rule. Private conduct constitutes state action only where the private actor performs a traditional exclusive government function or is sufficiently entangled with government to be fairly attributable.
Application (model). The hospital is private, though regulated and partly funded by the state. Because regulation and funding alone are insufficient to render private conduct state action — and operating a hospital is not a traditionally exclusive government function — the fact that the hospital's regulation and funding do not rise to the level of entanglement required by Burton/Brentwood means there is no state action.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the hospital's discharge is not state action, and constitutional protections do not directly apply.
MBE Check · multiple choice
A private city — owned, operated, and policed by a single corporation — bans pamphleteering on its streets. A pamphleteer is arrested for trespass. Does the First Amendment apply?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: