If the Constitution Doesn't Govern Private Actors, Who (or What) Does?

 Several students asked about private discrimination in housing, employment and public accommodations. They basically said "if the Constitution doesn't forbid private discrimination, what does?"

Of course, the answer is civil rights statutes and ordinances enacted by Congress, states legislatures, or local government. 

Most constitutional law cases arise because some law enacted by Congress or the states restricts some constitutional right. Nebraska passes a law forbidding certain kinds of speech. The law is clearly state action (the speech restriction is written into the statute), this triggers the Free Speech issue, and the law may or may not violate the Free Speech Clause. Congress passes the Health Care law with an individual mandate.  Clearly this is state action and the law may or may not violate the Constitution (the Court upheld it as a tax, as you may remember).

If a private landlord discriminates on the basis of race, there is no state action so no constitutional claim. But the discrimination certainly violates any number of fair housing laws passed by Congress, the states, and many cities.

I hope this helps clarify any confusion.