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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.