Short Essay Answers to 14 questions

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1. What is the state action doctrine? The state action doctrine refers to a legal principle which stipulates that the Fourteenth Amendment applies to both local and state governments only and not to individual entities. Therefore, procedural or substantive due process is not necessary for private parties that fall outside government when complying with the doctrine (Arthur, 8). For instance, private schools are not subjected to the First Amendment since they do not belong to the local or state government. However, there are two exceptions to the state doctrine namely; during public functions and entanglement. An example is when a private entity is dealing with government functions like enforcement of the law in a small town hence being subjected to the Fourteenth Amendment. In the case where the student wearing a headscarf was denied service by the restaurant, the State action doctrine should apply. Despite the restaurant being a private entity it has to subscribe itself to the Fourteenth Amendment because it got a space in one of the public libraries. Therefore, the student deserves to get her constitutional right of getting service in a public institution or any entity operating within the premises of a public institution (Edward, 13). 2. What is the current status of affirmative action at universities in U.S. constitutional law. Affirmative action was a new concept introduced in the government policy by the then President of United States of America John F Kennedy through an executive. The main reason for the affirmative action was to deal with discrimination and ensure equal opportunities in education, employment and access to health care. However, the same

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