BERNSTEIN, LIBERTY OF CONTRACT, AND CIVIL RIGHTS
In his latest post, he writes"I'm teaching the Civil Rights Cases (1883) tomorrow which invalidated the Civil Rights Act of 1875's prohibition of discrimination by inns, public conveyances, and places of public amusement, as beyond the Congress's power under the 13th and 14th Amendments. In debates over Lochner and constitutional protection of economic liberty more generally, liberal scholars will sometimes refer to the Civil Rights Cases as an example of the evils of of constitutional protection for economic liberty, arguing that the Court upheld economic libery at the expense of civil rights. As I read the Cases, however, the majority's opinion is solely based on federalism and has nothing to do with economic liberty or property rights." Read the whole thing .
comments powered by Disqus
- Decades After Trinity Nuclear Test in New Mexico, U.S. Studies Cancer Fallout
- Lawrence Of Arabia's Hand-Drawn, WWI Map Is Up for Auction
- Thousands Of FBI Documents About Civil Rights Era Destroyed By Flooding
- Ancient Egyptian Woman with 70 Hair Extensions Discovered
- Europeans drawn from three ancient 'tribes'
- Conservatives press the case against the new AP framework for US history
- Who wrote the new AP US History framework? Now we know.
- Pro-Israel groups going after federal support of Middle East Studies
- 100th Anniversary of Beard's 'An Economic Interpretation of the Constitution' commemorated
- University of Illinois Bigwig to Native American Studies scholar Jean O’Brien: Drop Dead