What did the 14th Amendment require states to do?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What is the state action requirement?
Definition. The state action requirement refers to the requirement that in order for a plaintiff to have standing to sue over a law being violated, the plaintiff must demonstrate that the government (local, state, or federal), was responsible for the violation, rather than a private actor.
How does the 14th Amendment limit State power?
The law prohibits state and local governments from having election practices which discriminate, or have a discriminatory impact, against minority voters. It authorizes lawsuits to enforce this prohibition.
What is the meaning of state action?
1 : an action that is either taken directly by the state or bears a sufficient connection to the state to be attributed to it. Note: State actions are subject to judicial scrutiny for violations of the rights to due process and equal protection guaranteed under the Fourteenth Amendment to the U.S. Constitution.
What are 3 things the states are prohibited from doing according to the 14th Amendment clause 1?
The Fourteenth Amendment forbids the states from depriving any person of “life, liberty, or property, without due process of law” and from denying anyone equal protection under the law.
Which statement best describes the state action doctrine?
What best describes the “state action” doctrine? The US Constitution in general, and its individual rights in particular (e.g. freedom of speech), apply only to government action, not to private action.
What does the 14th Amendment mean by state action?
The term “state action” stems from the language of section 1 of the 14th Amendment which provides in relevant part that states (including local governments) must treat people equally and fairly (equal protection) and must not deprive them of basic rights (due process, which includes most of the provisions of the Bill of Rights through a process
What are the four sections of the Fourteenth Amendment?
The Fourteenth Amendment contains a number of important concepts, most famously state action, privileges & immunities, citizenship, due process, and equal protection —all of which are contained in Section One. However, the Fourteenth Amendment contains four other sections. Section Two deals with the apportionment of representatives to Congress.
Does the 14th Amendment apply to private parties?
Enforcement Against Private Parties. In the Civil Rights Cases (1883), the Court ruled that Congress did not have the power to legislate against discrimination by private individuals, because Section One of the Fourteenth Amendment only applied to actions committed by a state or state agents.
What is the opening sentence of the 14th Amendment?
The opening sentence of Section 1 of the 14th Amendment defined U.S. citizenship: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
