The Civil Rights Cases

Thu, 29 Mar 1883 13:00:00 +0000

Location

Congress

Constitution and Delaware Street Washington D.C. 20002

Washington 20002

United States

38° 53' 31.1496" N, 77° 0' 29.1744" W

See map: Google Maps

Case Basics

Petitioner

The Civil Rights Cases

Petitioner Type

Petitioner

Respondent Type

Respondent

Heard By

Waite Court (1882-1887)

Decided By

Waite Court (1882-1887)

Opinion

109 U.S. 3 (1883)

Argued

Thursday, March 29, 1883

Decided

Monday, October 15, 1883

Facts of the Case

The Civil Rights Act of 1875 affirmed the equality of all persons in the enjoyment of transportation facilities, in hotels and inns, and in theaters and places of public amusement. Though privately owned, these businesses were like public utilities, exercising public functions for the benefit of the public and, thus, subject to public regulation. In five separate cases, a black person was denied the same accommodations as a white person in violation of the 1875 Act.

Question

Does the Civil Rights Act of 1875 violate the 10th Amendment of the Constitution which reserves all powers not granted to the national government to the states or to the people?

Conclusion

Decision: 8 votes for , 1 vote(s) against
Legal provision: Civil Rights Act of 1875; US Const. Amend 13 and 14

The Fourteenth Amendment restrains only state action. And the fifth section of the Amendment empowers Congress only to enforce the prohibition on state action. The amendment did not authorize national legislation on subjects which are within the domain of the state. Private acts of racial discrimination were simply private wrongs that the national government was powerless to correct.

United States v. Harris

Sun, 28 Apr 2013 01:37:46 +0000

Case Basics

Petitioner

United States

Petitioner Type

Petitioner

Respondent

Harris

Respondent Type

Respondent

Decided By

Waite Court (1882-1887)

Opinion

106 U.S. 629 (1883)

Decided

Monday, January 22, 1883

Facts of the Case

Harris led an armed lynch mob into a Tennessee jail and captured four black prisoners. Though the deputy sheriff attempted to protect the prisoners, he was unsuccessful. One of the prisoners died. The United States government brought criminal charges against Sheriff Harris and others under Section 2 of the Force Act of 1871. This act made it a crime for two or more persons to conspire for the purpose of depriving anyone of the equal protection of the laws.

Question

Could the United States try Harris and others under the act?

Conclusion

The Force Act was unconstitutional. The Fourteenth Amendment only authorized Congress to take remedial steps against state action that violated the amendment. The Amendment applied only to acts of the states, not to acts of individuals.

Cases - 1882 term

The Civil Rights Cases

Location

United States v. Harris