The Civil Rights Cases
Read the full opinion on CourtListener · The case as printed (Library of Congress)
Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
Civil Rights-Constitution-District of Coumbia-Inns-laces of Amusement-Publio Comtveyances-Slaery-Territories.
Printed on p. 3 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
1. The 1st and 2d sections of the Civil Rights Act passed March 1st, 1875, are unconstitutional enactments as applied to the several States, not being authorized either by the XIllth or XTVth Amendments of the Constitution.
Printed on p. 3 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
2. The XIVth Amendment is prohibitory upon the States only, and the legislation authorized to be adopted by Congress for enforcing it is not direct legislation on the matters respecting which the States are prohibited from maling or enforcing certain laws, or doing certain acts, but is corrective legislation, such as may be necessary or proper for counteracting and .redressing tho effect of such laws or acts.
Printed on p. 3 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
8. The XIIIth Amendment relates only to slavery and involuntary servitude (which it abolishes) ; and although, by its reflex action, it establishes universal freedom in tlie United States, and Congress may probably pass laws directly enforcing its provisions; yet such legislative power extends only to the subject of slavery and its incidents ; and the denial of equal accommodations in inns, public conveyances and places of public amuse. ment (which is forbidden by the sections in question), imposes no badge of slavery or involuntary servitude upon the party, but at most, infringes rights which are protected from State aggression by the XIVth Amendment.
Printed on p. 4 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
4. Whether the accommodations and privileges sought to be protected by the 1st and 2d sections of the Civil Rights Act, are, or are not, rights constitutionally demandable ; and if they are, in what form they are to be protected, is not now decided.
Printed on p. 4 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
5. Nor is it decided whether the law as it stands is operative in the Territories and District of Columbia : the decision only relating to its validity as applied to the States.
Printed on p. 4 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
6. Nor is it decided whether Congress, under the commercial power, may or may not pass a law securing to all persons equal accommodations on lines of public conveyance between two or more States.
Printed on p. 4 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Provisions
The Constitution Annotated's essays on these provisions cite this case.
- Amendment XIIIsuggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt13.1, pp. 2027, 2028.
- Amendment XIII, Section 1suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt13.S1.1, Amdt13.S1.2, Amdt13.S1.4, pp. 2033, 2034, 2038.
- Amendment XIII, Section 2suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt13.S2.1, Amdt13.S2.2, pp. 2038, 2039, 2040.
- Amendment XIV, Section 5suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.S5.1, Amdt14.S5.2, pp. 2314, 2315.
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “The Civil Rights Cases, 109 U.S. 3 (1883)”:
- cited on 13 pages