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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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babycat
16:20
also congrats!! big win
initiallaw
16:23
congrats!!
:D
the big W is that i get reimbursed for travel now thank GOD
jack moving up in the world :)
i have a brother named jack, so whenever i see your name im marginally happier than normal
babycat
16:37
I'm guessing you don't have a sibling named babycat but I hope I still make you marginally happier than normal despite this
JumpySubsequentDolphin
16:38
maybe he has a babycat
babycat
16:38
I think everyone should have a babycat
JumpySubsequentDolphin
16:39
im allergic to baby cats >:(
JumpySubsequentDolphin
16:40
I used to have a babycat, I only got allergies after he died
JumpySubsequentDolphin
16:40
I think he’s haunting me
babycat
16:40
:(
babycat
16:40
that's too bad
babycat
16:40
you still have me though <3
@babycat: you make my day marginally happier with your scathing wit
16:43
New Father John Misty album out today
16:44
People saying it’s his best yet by far
babycat
16:45
what would I do without you renard99
awww ty wasp :)
i have 4 (baby) cats!
16:46
Damn you know her sarcasm is meant to be scathing when she calls me by my full username and not just Renard
JumpySubsequentDolphin
16:47
@jackfrost11770: FOUR?!??
16:48
I’m only teasing Babycat ily I’ll be seeing you in [REDACTED] very very soon
YES
and they're all rescues from breeders so they're all long haired persians .... w flat faces ....
they're all runts cause breeders just ... dispose of them (:(((() so they're all super tiny
literal babies
babycat
16:49
ily2 renard99
initiallaw
16:49
omg so cute
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