MBE Rules · Constitutional Law
State action doctrine
The rule
Most constitutional protections apply only against government. Private conduct is state action when (1) the private actor performs a traditional, exclusive public function, OR (2) there is significant state entanglement (encouragement, joint participation, regulation amounting to compulsion).
In plain English
Constitutional rights usually protect you from the government, not private individuals. But if a private person does something the government usually does, or if the government is deeply involved, those rights might apply.
Worked example
A private security company hired by the city to manage public parking lots uses excessive force. Because managing public parking is usually a government job, their actions could be considered state action.
Memory hook
PRIVATE PARTY, PUBLIC ROLE: Constitution applies when private actors perform public functions or are deeply entangled with the state.
The trap
Students think: Any regulation of private actors means state action. Wrong, because mere regulation is not enough. The actual test is significant state entanglement or performing a public function.
How examiners test it
The MBE loves: private security guards or private schools. Question: state action? Trap: assuming regulation alone suffices. Test for public function or deep state involvement.
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