The Civil Rights Cases: Difference between revisions

The Civil Rights Cases, 109 U.S. 3 (1883).

Facts: The Civil Rights Act of 1875 made it unlawful for anyone to deny a person the enjoyment of accommodations at inns, on public transportation, etc., on the basis of race. Certain blacks were excluded from inns, theaters, and a railroad in five separate states. The cases were consolidated before the Supreme Court.

Issue: May Congress prohibit private discriminatory actions by facilities generally open to the public?

Holding: No. The Civil Rights Act is unconstitutional

• The 14th Amendment permits Congress only to take corrective action against state laws or acts done under state authority. The Civil Rights Act is directed toward acts by individuals and cannot be upheld under the 14th Amendment.
• The 13th Amendment permits direct (as opposed to merely corrective) legislation, but it covers only slavery or involuntary servitude, or the "lingering badges" of such. Refusing accommodation to a black does not impose any badge of slavery or servitude. Mere racial discrimination is not a badge of slavery.
• Congress had no power to pass the Civil Rights Act, and Plaintiffs must seek a remedy in state law for any cause of action against private individuals or corporations that are discriminating.

Dissent: (Harlan): The Court has ignored the substance and spirit of these amendments. Freedom includes immunity from and protection against racial discrimination, esp. in the use of public albeit privately owned, accommodations and facilities licensed by the state.

Note: They would have had a remedy under state law for inns and carriers of any person. Individuals could discriminate freely.

See also

• Jones v. Alfred H. Mayer Co.

External Links

• Full text on Justia.com