Jump to ContentJump to Main Navigation
Extending Rights' ReachConstitutions, Private Law, and Judicial Power$
Users without a subscription are not able to see the full content.

Jud Mathews

Print publication date: 2018

Print ISBN-13: 9780190682910

Published to Oxford Scholarship Online: April 2018

DOI: 10.1093/oso/9780190682910.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 14 December 2018

The American Constitution: First and Second Foundings

The American Constitution: First and Second Foundings

(p.91) 4 The American Constitution: First and Second Foundings
Extending Rights' Reach

Jud Mathews

Oxford University Press

Officially, the U.S. Supreme Court hews to a strong state action requirement and rejects the idea that constitutional rights can shape what private parties owe each other. To highlight some of the peculiarities of the state action doctrine, this chapter begins with a detailed discussion of a modern case, Brooks v. Flagg Brothers. Then, to understand the doctrine’s origins, the chapter turns to history. This chapter illuminates the political logic of the state action requirement at the time when the Court first imposed it, in the late nineteenth century. The chapter also highlights more flexible approaches to conceptualizing rights in the American tradition that were closed off with the choice for a strong state action rule.

Keywords:   United States, U.S. Supreme Court, state action, nineteenth century, constitutional rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .