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Simple English definitions for legal terms

governmental-function theory

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A quick definition of governmental-function theory:

Governmental-function theory is a principle in constitutional law that characterizes private conduct as state action when a private party is performing a public function. This means that private entities cannot discriminate against individuals based on race or other protected characteristics when performing activities that are typically reserved for the government. For example, a political party cannot exclude voters from primary elections based on race.

A more thorough explanation:

Definition: The governmental-function theory is a principle in constitutional law that characterizes private conduct as state action, especially for due-process and equal-protection purposes, when a private party is exercising a public function. This theory means that private entities performing public functions are subject to constitutional constraints.

Example: A political party, which is a private entity, cannot exclude voters from primary elections based on race. This is because the political party is performing a public function, and therefore, its actions are subject to constitutional constraints.

Explanation: The example illustrates the governmental-function theory because the political party is performing a public function, which is conducting primary elections. Even though the political party is a private entity, its actions are subject to constitutional constraints because it is performing a public function. Therefore, the political party cannot exclude voters based on race, which would violate the equal-protection clause of the Constitution.

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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