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action of every kind, which is inconsistent with the
guarantees therein contained, and extend to manifestations
of state authority in the shape of laws, customs or ju-
dicial or executive provision is voided, which denies the
equal protection of the laws."
Justice Bradley went further, and he said,
denying includes inaction as well as action, and denying
the equal protection of the laws includes the omission
to act as well as the omission to pass laws for protection.
State action has been again and again interpret-
ed by the Federal courts and by the state courts to mean
the action of the state as it manifests itself through
its judicial, executive and legislative branches.
THE CHAIRMAN: Delegate Sollins.
DELEGATE SOLLINS: What concerns me. Delegate
Mitchell, is that your definitions that you have just read
seem to really limit themselves to the state actions
of the state of Maryland. I wonder if you don't mean also actions of
the United States Government within the state.
THE CHAIRMAN: Delegate Mitchell. |