Question from chaazaq, Can a company’s policy override the Constitution in the United States?
Answer from AI:
In the United States, the Constitution is the supreme law of the land, and no private company’s policy can override it. However, it is essential to understand that the Constitution primarily governs the relationship between the government and individuals, not between private parties. There are instances where constitutional rights may come into play in disputes involving private companies, but these situations are generally limited.
State Action Doctrine
The State Action Doctrine is a legal principle that limits the application of constitutional rights to situations involving government action. In other words, the Constitution generally does not apply to private companies unless they are acting on behalf of the government or performing a public function. Some relevant cases that illustrate this principle include:
- Marsh v. Alabama (1946): In this case, the Supreme Court held that a private company operating a company town could not restrict an individual’s First Amendment rights because the company was performing a public function.
- Jackson v. Metropolitan Edison Co. (1974): The Court ruled that a privately-owned utility company was not subject to the Constitution’s due process requirements because it was not a state actor.
- Blum v. Yaretsky (1982): The Court held that a private nursing home’s decision to transfer patients did not constitute state action, even though the home received public funding.
Exceptions and Limitations
There are some exceptions and limitations to the State Action Doctrine, where constitutional rights may apply to private companies:
- Public Accommodations: Under Title II of the Civil Rights Act of 1964, private businesses that are considered “public accommodations” (such as hotels, restaurants, and theaters) are prohibited from discriminating based on race, color, religion, or national origin. This federal law enforces constitutional principles of equal protection in the context of private businesses.
- Employment Discrimination: Title VII of the Civil Rights Act of 1964 prohibits private employers from discriminating against employees based on race, color, religion, sex, or national origin. This law also enforces constitutional principles in the private sector.
- State Constitutions and Laws: Some state constitutions and laws may provide additional protections against private companies’ actions that infringe on individual rights. These protections may vary from state to state.
Seeking Legal Advice
If you believe that a private company’s policy is infringing on your constitutional rights, it is essential to consult with a legal professional for personalized advice. An attorney can help you understand the complexities of the State Action Doctrine, any relevant exceptions, and the potential remedies available to you under federal and state law.
In conclusion, while the Constitution is the supreme law of the United States, its application to private companies is limited by the State Action Doctrine. However, there are exceptions and additional protections provided by federal and state laws that may apply in specific situations. It is crucial to seek legal advice if you believe your constitutional rights have been violated by a private company’s policy.
I work in a hospital. The wording in the Health and Welfare Code 5150 in California states “(f) At the time a person is taken into custody for evaluation, or within a reasonable time thereafter, unless a responsible relative or the guardian or conservator of the person is in possession of the person’s personal property, the person taking them into custody shall take reasonable precautions to preserve and safeguard the personal property in the possession of or on the premises occupied by the person.”
It appears that by the use of the word “shall” that removing property from an at risk patient is compulsory. Yet my employer often chooses not to enforce this. What liability would I face for not removing a patients property?