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Supreme Court of the United States

The Civil Rights Cases

109 U.S. 3Decided October 15, 1883

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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).

1: The Civil Rights Cases, syllabus ¶ 1 (Case.90897.syllabus.1)

Civil Rights-Constitution-District of Coumbia-Inns-laces of Amusement-Publio Comtveyances-Slaery-Territories.

2: The Civil Rights Cases, syllabus ¶ 2 (Case.90897.syllabus.2)

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.

3: The Civil Rights Cases, syllabus ¶ 3 (Case.90897.syllabus.3)

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.

4: The Civil Rights Cases, syllabus ¶ 4 (Case.90897.syllabus.4)

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.

5: The Civil Rights Cases, syllabus ¶ 5 (Case.90897.syllabus.5)

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.

6: The Civil Rights Cases, syllabus ¶ 6 (Case.90897.syllabus.6)

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.

7: The Civil Rights Cases, syllabus ¶ 7 (Case.90897.syllabus.7)

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.

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