Originally Posted by GUWonder

Non-state actors are not in a position to engage in unconstitutional behavior as the Constitution does not restrict non-state actors in the manner it restricts the federal and/or state governments (and those with agency relationships thereof); however, the federal government is in a position to subject parties engaged in interstate commerce to (not) behave in certain ways if those non-state parties wish to operate without penalty and/or to utilize state resources.