The Civil Rights Cases, 109 US 3 (1883)
Between 1866 and 1875, Congress passed several civil rights acts to implement the 13th and 14th Amendments during Reconstruction. The Civil Rights Act of 1875 was the most controversial because it imposed criminal penalties against businesses that discriminated on the basis of race. Many (white) people opposed to Reconstruction thought the Act infringed on their personal right of free association and "freedom of choice."
When federal troops withdrew from the South in 1879, the Reconstruction Period officially came to a close. Southern states immediately began passing "Black Codes," local legislation that was designed to restrict the labor and freedom of African-Americans, and to ensure separation between the races.
The Civil Rights Cases consolidated five cases on appeal from Circuit courts around the United States (see list) involving federal and constitutional law, and were brought before the Court during the 1882 Term (they were decided early in the 1883 Term). These cases raised the question of whether the 14th Amendment Equal Protection Clause could be applied to private citizens.
In an 8-1 vote, the Supreme Court ruled the Civil Rights Act of 1875 was unconstitutional because neither the 13th nor 14th Amendments empowered Congress to legislate behavior in the private sector. The Court believed these Amendments were only to be extended to the States.
By striking down civil rights legislation, the Court gave private citizens and businesses tacit permission to engage in overt acts of discrimination, and laid the groundwork for the "separate but equal" doctrine established in Plessy v. Ferguson,(1896).
Cases
United States v. Stanley (Kansas)
United States v. Ryan (California)
United States v. Nichols (Missouri)
United States v. Singleton (New York)
Robinson and Wife v. Memphis & Charleston Railroad Co.
Solicitor General Phillips represented the United States; the defendants were not represented.
Justice John Marshall Harlan was the lone dissenter in the Civil Rights Cases, (1883), and also in Plessy v. Ferguson, (1896). According to Justice Harlan: "The Constitution is color-blind: it neither knows nor tolerates classes among citizens."
For more information, see Related Questions, below.
Georgia's Supreme Court is the state's highest appellatecourt for both civil and criminal cases.
Insular cases
Civil liberties and civil rights
Bill of Rights and The Fourteenth Amendment.
As early as 1868 Supreme Court Chief Justice Salmon P. Chase, a leading Radical during the reconstruction, made many decisions with the Supreme Court that weakened African Americans' civil rights. He continued to segregate them and deny them rights as voters.
brown v. board of education
Chief justice Earl Warren had seen a number of cases during his time in the supreme court. His most notable though was his ruling on civil rights cases, which ended segregation in the school systems.
Yes. Texas has two "supreme courts," although only one carries that name. The Supreme Court of Texas is the highest appellate court for civil and juvenile cases, and the Texas Court of Criminal Appeals is the highest appellate court for criminal cases.
The Supreme Court rulings said civil rights were decided by state and local law.
The Supreme Court rulings said civil rights were decided by state and local law.
The Constitution and the U.S. Supreme Court have not always recognized that all Americans have civil rights.
Georgia's Supreme Court is the state's highest appellatecourt for both civil and criminal cases.
Texas has two final appellate courts: The Texas Court of Criminal Appeals is the highest appellate court for criminal cases; the Supreme Court of Texas is the highest court for juvenile and civil cases.
Yes, Scotland has its own Supreme Court called the Supreme Court of the United Kingdom. It is the highest court of appeal for civil cases in Scotland, separate from the Supreme Court of England and Wales.
Civil and juvenile cases
Insular cases
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