TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P34

Gale Encyclopedia of American Law Volume 13 P34 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 316 CIVIL RIGHTS PRIMARY DOCUMENTS FROM SEGREGATION TO CIVIL RIGHTS THE CIVIL RIGHTS CASES facilities and privileges of inns public conveyances and theaters but that such enjoyment shall not be subject to any conditions applicable only to citizens of a particular race or color or who had been in a previous condition of servitude. In other words it is the purpose of the law to declare that in the enjoyment of the accommodations and privileges of inns public conveyances theaters and other places of public amusement no distinction shall be made between citizens of different race or color or between those who have and those who have not been slaves. Its effect is to declare that in all inns public conveyances and places of amusement colored citizens whether formerly slaves or not and citizens of other races shall have the same accommodations and privileges in all inns public conveyances and places of amusement as are enjoyed by white citizens and vice versa. The second section makes it a penal offense in any person to deny to any citizen of any race or color regardless of previous servitude any of the accommodations or privileges mentioned in the first section. Has Congress constitutional power to make such a law Of course no one will contend that the power to pass it was contained in the Constitution before the adoption of the last three amendments. The power is sought first in the Fourteenth Amendment and the views and arguments of distinguished senators advanced while the law was under consideration claiming authority to pass it by virtue of that amendment are the principal arguments adduced in favor of the power. We have carefully considered those arguments as was due to the eminent ability of those who put them forward and have felt in all its force the weight of authority which always invests a law that Congress deems itself competent to pass. But the responsibility of an independent judgment is now thrown upon this court and we are bound to exercise it according

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