TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P36

Gale Encyclopedia of American Law Volume 13 P36 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. | 336 CIVIL RIGHTS PRIMARY DOCUMENTS FROM SEGREGATION TO CIVIL RIGHTS THE CIVIL RIGHTS CASES rights of the masters of fugitive slaves. If fugitive slave laws providing modes and prescribing penalties whereby the master could seize and recover his fugitive slave were legitimate exertions of an implied power to protect and enforce a right recognized by the constitution why shall the hands of congress be tied so that under an express power by appropriate legislation to enforce a constitutional provision granting citizenship it may not by means of direct legislation bring the whole power of this nation to bear upon states and their officers and upon such individuals and corporations exercising public functions as assume to abridge impair or deny rights confessedly secured by the supreme law of the land It does not seem to me that the fact that by the second clause of the first section of the Fourteenth Amendment the states are expressly prohibited from making or enforcing laws abridging the privileges and immunities of citizens of the United States furnishes any sufficient reason for holding or maintaining that the amendment was intended to deny Congress the power by general primary and direct legislation of protecting citizens of the United States being also citizens of their respective states against discrimination in respect to their rights as citizens founded on race color or previous condition of servitude. Such an interpretation of the amendment is plainly repugnant to its fifth section conferring upon Congress power by appropriate legislation to enforce not merely the provisions containing prohibitions upon the states but all of the provisions express and implied of the grant of citizenship in the first clause of the first section of the article. This alone is sufficient for holding that Congress is not restricted to the enactment of laws adapted to counteract and redress the operation of state legislation or the action of state officers of the character .

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