Under the state-action doctrine, which actor is subject to due process, equal protection, and other protections?

Under the state-action doctrine, which actor is subject to due process, equal protection, and other protections?

• A. Private individuals acting with state authority
• B. Government actions
• C. Private corporations acting as government agents
• D. International organizations

Answer: (B)

Constitutional due process and equal protection protections apply to government actions. The state-action doctrine binds the Constitution to the actions of the state and its agents, not to private individuals or private conduct in general. Only when a private actor is functioning as a state actor—for example, acting under color of state law or performing a public function closely tied to the government—do these protections extend to them. Therefore, the actor whose actions are subject to due process, equal protection, and other protections in the typical sense is the government itself and its actions. Private individuals or entities can be bound in some cases if they are effectively performing governmental functions, but international organizations are not ordinarily bound by the U.S. Constitution.

Constitutional due process and equal protection protections apply to government actions. The state-action doctrine binds the Constitution to the actions of the state and its agents, not to private individuals or private conduct in general. Only when a private actor is functioning as a state actor—for example, acting under color of state law or performing a public function closely tied to the government—do these protections extend to them. Therefore, the actor whose actions are subject to due process, equal protection, and other protections in the typical sense is the government itself and its actions. Private individuals or entities can be bound in some cases if they are effectively performing governmental functions, but international organizations are not ordinarily bound by the U.S. Constitution.