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 whilst 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 to the best
lights we have.
The first section of the Fourteenth Amendment (which is the one relied
on), after declaring who shall be citizens of the United States, and of
the several States, is prohibitory in its character, and prohibitory upon
the States. It declares that:
“No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty or property without due
process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.”
It is State action of a particular character that is prohibited.
Individual invasion of individual rights is not the subject-matter of
the amendment. It has a deeper and broader scope. It nullifies and makes
void all State legislation and State action of every kind which impairs
the privileges and immunities of citizens of the United States, or which
injures them in life, liberty or property without due process of law, or
which denies to any of them the equal protection of the laws. It not only
does this, but in order that the national will thus declared may not be a
mere _brutum fulmen_, the last section of the amendment invests Congress
with power to enforce it by appropriate legislation. To enforce what? To
enforce the prohibition. To adopt appropriate legislation for correcting
the effects of such prohibited State laws and State acts, and thus to
render them effectually null, void and innocuous. This is the legislative
power conferred upon Congress, and this is the whole of it. It does not
invest Congress with power to legislate upon subjects which are within
the domain of State legislation; but to provide modes of relief against
State legislation or State action of the kind referred to. It does not
authorize Congress to create a code of municipal law for the regulation
of private rights; but to provide modes of redress against the operation
of State laws, and the action of State officers, executive or judicial,
when these are subversive of the fundamental rights specified in the
amendment.
Public-domain text, read in full here on John Shaqi.
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