] Contrast the Civil Rights Act of 1968, 808-811.
The political process now having taken hold again in this very field, I am at a loss to understand why the Court should have deemed it appropriate or, in the circumstances of this case, necessary to proceed with such precipitate and insecure strides.
. 7147, or on "some other lot in [the] subdivision sufficient to accommodate the home selected . 46
Even Senator Trumbull of Illinois, author of the vetoed measure as well as of the Civil Rights Act, had previously remarked that the latter was designed to "extend to all parts of the country," on a permanent basis, the "equal civil rights" which were to have been secured in rebel territory by the former, id., at 322, to the end that "all the badges of servitude . ."
Negroes have been forced to use segregated facilities in going about their daily lives, having been excluded from railway coaches, Plessy v. Ferguson, U.S. 426, 432 42
[
In this setting, it would have been strange indeed if Congress had viewed its task as encompassing merely the nullification of racist laws in the former rebel States.
id., at 35 (dissenting opinion). Argued: April 1 and 2, 1968. 438.
Footnote 20 [392 34
] Id., at 1119. The decision in this case appears to me to be most ill-considered and ill-advised.
Footnote 36 Footnote 5
] In contrast, the bill was repeatedly and vehemently attacked, in the face of emphatic denials by its sponsors, on the ground that it allegedly would invalidate two types of state laws: those denying Negroes equal voting rights and those prohibiting intermarriage.
Id., at 600. hostile to the freedom established by the supreme law of the land." ] See, e. g., Cong. . Globe, 39th Cong., 1st Sess., 1120, he was obviously inquiring why the second section did not also punish those who violated the first without acting "under the color of law." 379
"Its potential for effectiveness," he added, "is probably much greater than [ 1982] because of the sanctions and the remedies that it provides. 71
Moreover, the political processes of our own era have, since the date of oral argument in this case, given birth to a civil rights statute U.S. 668 . However, that route is not without formidable obstacles of its own, for the opinion of the Court of Appeals makes it clear that this case differs substantially from any "state action" case previously decided by this Court.
Globe, 39th Cong., 1st Sess., at 39, 474, 516-517, 602-603, 1123-1125, 1151-1153, 1160.
; municipal For if the Court had held the covenants in question invalid as between the parties, then it would not have had to rely upon a finding of "state action.".
(Emphasis added.
. 100 . U.S. 409, 463] 5th Cir. Globe, 39th Cong., 1st Sess., Appendix, 183.
Judgment of the lower federal courts reversed. ] The Court of Appeals in this case seems to have derived such an assumption from language in Virginia v. Rives,
-570; Deckert v. Independence Corp., [392
In 1900, the statute was finally repealed and segregation legally forbidden. ] Despite the Court's view that this reading flies in the face of the "plain and unambiguous terms" of the statute, see ante, at 420, it is not without precedent. L. 90-284, 82 Stat. JONES v. MAYER CO.(1968) No. -322.
(Emphasis added.
U.S. 409, 439] The Act of April 9, 1866, 14 Stat.
See also Rogers v. Paul,
] Cong. U.S. 1
308
It was used in Brown v Board of Education, Roe v Wade, Bush v Gore, overruled Dred Scott v Sandford.
On April 10, 1968, Representative Kelly of New York focused the attention of the House upon the present case and its possible significance. ] Id., at 339-340, 1160, 1835. Footnote 25 It is quite true that some members of Congress supported the Fourteenth Amendment "in order to eliminate doubt as to the constitutional validity of the Civil Rights Act as applied to the States." 73 (Tennessee "free-transfer" plan); Green v. County School Board,
] Senator Saulsbury of Delaware. Senator Trumbull's declaration the following day that the forthcoming bill would be aimed at discrimination pursuant to "a prevailing public sentiment" as well as to legislation, see ante, at 431, is also consistent with a "state action" reading of the bill, for the bill explicitly prohibited actions done under color of "custom" as well as of formal laws. The evidence gathered was used in a trial that resulted in defendant’s conviction. belonging to white persons (including the right . ] The petitioners do not argue, and the Court does not suggest, that the discrimination complained of in this case was the product of such a "custom.".
the second clause of the Thirteenth Amendment, the authority for the proposed bill, was intended solely as a check on state legislatures. ; restaurants, Lombard v. Louisiana, U.S. 409, 442] The remark of Senator Lane which is quoted by the Court, ante, at 433, to prove that he viewed the bill as reaching "`the white man . U.S. 70
MR. JUSTICE HARLAN, whom MR. JUSTICE WHITE joins, dissenting. Argued April 1 and 2, 1968. [
368
It is clear that these instances of private mistreatment, see also text accompanying n. 41, infra, were understood as illustrative of the evils that the Civil Rights Act of 1866 would correct. [ See also 3 V. Parrington, Main Currents in American Thought 7-22 (1930). It is quite clear that Representative Shellabarger was speaking of the bill's first section, for he did not mention the second section until later in his speech, and then only briefly and in terms which indicated that he thought it co-extensive with the first ("I cannot remark on the second section further than to say that it is the ordinary case of providing punishment for violating a law of Congress."). United States v. Price,
69 [ . Footnote 33 [ 3 Footnote 35 27, re-enacted by 18 of the Enforcement Act of 1870, Act of May 31, 1870, c. 114, 18, 16 Stat. 1957) (Louisiana pupil-assignment law); Hall v. St. Helena Parish School Board, 197 F. Supp. Globe, 39th Cong., 1st Sess., 1759. ; by Edwin J. Lukas for the American Jewish Committee et al., and by Henry S. Reuss, pro se, and Phineas Indritz for Henry S. Reuss. . (Emphasis added. [392 . 45
The Freedmen's bill was passed by both the Senate and the House, but the Senate failed to override the President's veto. S1387 (Feb. 16, 1968), S1453 (Feb. 20, 1968), S1641 (Feb. 26, 1968), S1788 (Feb. 27, 1968). 68 ] See United States v. Mosley, The point was made that, in light of the many difficulties
[
Footnote 18 U.S. 159, 163 L. 90-284, 82 Stat. ), [ On entering a half-empty restaurant they may find "reserved" signs on all unoccupied tables. . Id., at 498.
Footnote 67 Globe, 39th Cong., 1st Sess., 39. -565; Wills v. Trans World Airlines, Inc., 200 F. Supp. [ 378
Globe, 39th Cong., 1st Sess., 1832-1833. 334 Faubus v. Aaron, The complaint in this case alleged that the petitioners had "suffered actual damages in the amount of $50.00," but no facts were stated to support or explain that allegation. It seems to me manifest that, taken in context, this remark is beside the point in this case. Footnote 30 property within the States," [ (Emphasis added.). The first occurred during Senator Trumbull's defense of the part of 3 of the bill which gave federal courts jurisdiction "of all causes, civil and criminal, affecting persons who are denied or cannot enforce in the courts . [392 to inherit, purchase, lease, sell, hold, and convey real and personal property .
Israel Treiman, St. Louis, Mo., for respondents. Ibid. One prior decision of this Court especially suggests dismissal of the writ as the proper course in these unusual circumstances.
Ibid. See Philadelphia, Wilmington, & Baltimore R. Co. v. Quigley, 21 How. Globe, 39th Cong., 1st Sess., 1294, seems very misplaced when the statement is taken in context. . Id., at 1413-1416.
However, upon more circumspect analysis than the Court has chosen to give, virtually all of these appear to be either irrelevant or equally consistent with a "state action" interpretation. The Court cites two different House references to assaults on Negroes by whites. [ v. Detiege, that may be made .
U.S. 678, 684
.
Case Co. v. Borak,
Footnote 9 (Emphasis added.).
Footnote 4 ] Senator Lane of Indiana. . [392 Footnote 41