Actions for which the state government has some responsibility, whether by causing, requiring, or sanctioning their occurrence. Synonymous with “under the color of state law.”
The Fourteenth Amendment, adopted in 1868, sought to provide equal protection for newly freed African Americans. The amendment stipulates that “No state shall…deny to any person…the equal protection of the laws.” Shortly after its adoption, the Supreme Court had to define precisely who the state was for purposes of barring discriminatory action. Politically, the Court was asked whether the amendment could be used to end private discrimination
In Ex parte Virginia
Not until after World War II did the Court begin to use the doctrine of state action to eliminate private discrimination. In Shelley v. Kraemer
In the aftermath of Shelley v. Kraemer, the Court continued to provide relief to litigants by expanding its interpretation of the state action doctrine. In Burton v. Wilmington Parking Authority
Congress was next to use the state action doctrine to combat discrimination
Under Warren E. Burger, the Court limited the scope of the doctrine of state action. In Adickes v. S. H. Kress and Co.
In Jones v. Alfred H. Mayer Co.
Berger, Raoul. The Fourteenth Amendment and the Bill of Rights. Norman: University of Oklahoma Press, 1989. Curtis, Michael Kent. No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights. Durham, N.C.: Duke University Press, 1986. Hensley, Thomas R., Christopher E. Smith, and Joyce A. Baugh. The Changing Supreme Court: Constitutional Rights and Liberties. St. Paul, Minn.: West Publishing, 1997. Killenbeck, Mark R., ed. The Tenth Amendment and State Sovereignty: Constitutional History and Contemporary Issues. Lanham, Md.: Rowman & Littlefield, 2002. Kluger, Richard. Simple Justice. New York: Vintage Books, 1976. Nagel, Robert F. The Implosion of American Federalism. New York: Oxford University Press, 2002. Noonan, John Thomas. Narrowing the Nation’s Power: The Supreme Court Sides with the States. Berkeley: University of California Press, 2002. Schwartz, Bernard. Super Chief. New York: New York University Press, 1983.
Burton v. Wilmington Parking Authority
Civil Rights Cases
Civil Rights movement
Equal protection clause
Moose Lodge v. Irvis
Shelley v. Kraemer