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[QUOTE]Originally posted by Jay the Obscure: [QB] Been a couple of days since I have really read this thread. Per the norm, there is much misinformation being put forth...again, by the usual suspects. [QUOTE]You think that that law stopped discrimination by private institutions?[/QUOTE] As soon as it no longer pays to discriminate, they change. Laws, lawsuits and fines. When a private company does something illegal, yup, that will stop 'em sure as shootin. [QUOTE][i]The states, and I mean Alabama, etc wouldn't have done diddly squat to prevent discrimination against blacks.[/i] No government has any right to prevent privite discrimination against anyone. ~~~~~~~~~~~ [i]Its just a case where sometimes the states just aren't going to do the right thing. Of course, today it would have been struck down and minorities would continue to have been discriminated in American restaurants and hotels.[/i] Under any circumstances, right or wrong, useful or no, the government STILL didn't have the authority to do what it did, and it was STILL violating the rights of property owners. Nothing changes those simple facts.[/QUOTE] As usual, the above statements are wild speculations and also as usual have no documentation as foundation and are full of errors. Afterall, the question asked about a state...such as Alabama. Here, allow me to point the this in the right direction. [QUOTE]Amendment 14 Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.[/QUOTE] Part of the 14th Amendment is known as the Equal Protection Clause. A state can not act as an instrument of discrimination as many sates of the South did. The Federal Government has the right and the duty to step in in such cases as say state sponsored segregation. [QUOTE]They especially needed protection against unfriendly action in the States where they were resident. It was in view of these considerations the Fourteenth Amendment was framed and adopted. It was designed to assure to the colored race the enjoyment of all the civil rights that under the law are enjoyed by white persons, and to give to that race the protection of the general government, in that enjoyment, whenever it should be denied by the States. It not only gave citizenship and the privileges of citizenship to persons of color, but it denied to any State the power to withhold from them the equal protection of the laws, and authorized Congress to enforce its provisions by appropriate legislation. To quote the language used by us in the Slaughter-House Cases, 'No one can fail to be impressed with the one pervaiding purpose found in all the amendments, lying at the foundation of each, and without which none of them would have been suggested,-we mean the freedom of the slave race, the security and firm establishment of that freedom, and the protection of the newly made freeman and citizen from the oppressions of those who had formerly exercised unlimited dominion over them.' So again: 'The existence of laws in the States where the newly emancipated negroes resided, which discriminated with gross injustice and hardship against them as a class, was the evil to be remedied, and by it [the Fourteenth Amendment] such laws were forbidden. If, however, the States did not conform their laws to its requirements, then, by the fifth section of the article of amendment, Congress was authorized to enforce it by suitable legislation.' And it was added, 'We doubt very much whether any action of a State, not directed by way of discrimination against the negroes, as a class, will ever be held to come within the purview of this provision.' If this is the spirit and meaning of the amendment, whether it means more or not, it is to be construed liberally, to carry out the purposes of its framers. It ordains that no State shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States (evidently referring to the newly made citizens, who, being citizens of the United States, are declared to be also citizens of the State in which they reside). It ordains that no State shall deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws[/QUOTE] Strauder v. West Virginia, 100 U.S. 303 (1879 And corporations are creations of a State. As such: [QUOTE]The Constitution does not guarantee the unrestricted privilege to engage in a business or to conduct it as one pleases. Certain kinds of business may be prohibited; and the right to conduct a business, or to pursue a calling, may be conditioned. Regulation of a business to prevent waste of the state's resources may be justified. And statutes prescribing the terms upon which those conducting certain businesses may contract, or imposing terms if they do enter into agreements, are within the state's competency.[/QUOTE] Nebbia v. People of State of New York, 291 U.S. 502 (1934) In the above, the Court clearly concluded that business is open to regulation. And the Civil Rights Act of 1964 takes advantage of such. It reads: [QUOTE]To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.[/QUOTE] [/QB][/QUOTE]
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