12.3 Application of the 14th Amendment to State Actions

The 14th Amendment's application to state actions is a game-changer for civil rights. It extends the Bill of Rights to state governments, protecting individuals from overreach at all levels. This process, called incorporation, happened gradually through Supreme Court decisions.

The state action doctrine is key to understanding when constitutional protections kick in. It draws the line between government actions, which are subject to constitutional limits, and private conduct, which generally isn't. This balance protects individual rights while respecting private autonomy.

Incorporation of the Bill of Rights

The Incorporation Doctrine and Its Application

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• Incorporation doctrine applies the Bill of Rights to state governments
• Process began after ratification of the 14th Amendment in 1868
• Initially, Bill of Rights only restricted federal government actions
• Supreme Court gradually incorporated specific rights through case-by-case basis
• Incorporation occurs through the Due Process Clause of the 14th Amendment
• Protects individual liberties from infringement by state and local governments
• Ensures consistent application of constitutional rights across all levels of government

Selective Incorporation and Its Impact

• Selective incorporation adopts specific provisions of the Bill of Rights
• Supreme Court determines which rights are fundamental to ordered liberty
• Process began with Gitlow v. New York (1925), incorporating freedom of speech
• Subsequent cases incorporated various rights (freedom of press, religion, assembly)
• Some rights remain unincorporated (Third Amendment, grand jury indictment)
• Allows for flexibility in applying federal protections to state level
• Balances federal constitutional protections with state sovereignty

The Privileges or Immunities Clause Controversy

• Privileges or Immunities Clause part of the 14th Amendment
• Initially intended to protect fundamental rights of citizens from state infringement
• Slaughter-House Cases (1873) severely limited the clause's scope
• Court interpreted clause to protect only rights of national citizenship
• Resulted in shift to Due Process Clause for incorporation
• Recent cases (McDonald v. Chicago, 2010) have revived interest in the clause
• Ongoing debate about potential for broader protection of individual rights

State Action Doctrine

Defining and Applying the State Action Doctrine

• State action doctrine determines when constitutional protections apply
• Limits reach of 14th Amendment to government actions, not private conduct
• Developed to balance individual rights with private autonomy
• Applies to actions by state and local governments, their agencies, and officials
• Includes actions by private entities acting on behalf of the government
• Courts use various tests to determine presence of state action
• Doctrine crucial for determining scope of constitutional protections

The Public Function Test and Its Applications

• Public function test identifies private entities performing traditional government functions
• Applies constitutional constraints to these private actors
• Originated in Marsh v. Alabama (1946) involving a company-owned town
• Includes functions like running elections, operating prisons, providing utilities
• Test narrowed over time to focus on exclusively governmental functions
• Courts consider historical context and nature of the function
• Balances protection of rights with respect for private property and autonomy

The Entanglement Test and Government Involvement

• Entanglement test examines government involvement in private actions
• Considers degree of government encouragement, coercion, or participation
• Applies when government and private entities have significant interdependence
• Factors include financial support, regulatory oversight, joint participation
• Burton v. Wilmington Parking Authority (1961) established framework
• Test looks at totality of circumstances rather than single determining factor
• Helps identify state action in complex public-private relationships

The Civil Rights Cases and Their Lasting Impact

• Civil Rights Cases (1883) landmark Supreme Court decision
• Struck down parts of the Civil Rights Act of 1875
• Established state action requirement for 14th Amendment violations
• Ruled Congress lacked power to prohibit private discrimination
• Limited federal government's ability to address racial discrimination
• Led to development of state action doctrine and subsequent tests
• Influenced civil rights legislation and jurisprudence for decades