Examine the doctrine of state action. Consider how Congress later bypassed the restrictions of the state action doctrine, and provide at least two examples of such legislative achievements

Question

What will be an ideal response?

Answer 1

An ideal response will:
1, Explain that state action is the Supreme Court interpretation of the equal protection clause holding that the clause prohibited unfair discriminatory actions by government, not by private individuals.
2, Discuss how Congress justified the Civil Rights Act of 1964 not in terms of the equal protection guarantee of the Fourteenth Amendment, but by linking the law to Congress's power to regulate commerce. The Supreme Court in 1937 established a generous definition of interstate commerce that vastly expanded the power of the federal government. As a result, if Congress could link discrimination to impediments and distortions in the flow of commerce, it could regulate discriminatory actions in the private sector. After 1964, Congress justified all civil rights legislation that affected the private sector either on interstate commerce grounds or as an extension of Congress's control over federal spending.
3, Include examples such as the Civil Rights Act of 1964 that denied federal funds to any program or activity that discriminated or the Civil Rights Act of 1968, which prohibited discrimination in the sale, rental, financing, or advertising of housing on the basis of race, color, religion, or national origin,