foundation of any federal remedy in the case, and for the very sufficient
reason, that the constitutional provision is against _State laws_
impairing the obligation of contracts.
And so in the present case, until some State law has been passed, or
some State action through its officers or agents has been taken adverse
to the rights of citizens sought to be protected by the Fourteenth
Amendment, no legislation of the United States under said amendment,
nor any proceeding under such legislation, can be called into activity,
for the prohibitions of the amendment are against State laws and acts
done under State authority. Of course, legislation may, and should be,
provided in advance to meet the exigency when it arises; but it should
be adapted to the mischief and wrong which the amendment was intended
to provide against, and that is State laws or State action of some
kind adverse to the rights of the citizen secured by the amendment.
Such legislation cannot properly cover the whole domain of rights
appertaining to life, liberty and property, defining them and providing
for their vindication. That would be to establish a code of municipal
law regulative of all private rights between man and man in society. It
would be to make Congress take the place of the State legislatures and to
supersede them. It is absurd to affirm that, because the rights of life,
liberty and property (which include all civil rights that men have) are
by the amendment sought to be protected against invasion on the part of
the State without due process of law, Congress may therefore provide due
process of law for their vindication in every case, and that, because
the denial by a State to any person of the equal protection of the laws
is prohibited by the amendment, therefore Congress may establish laws
for their equal protection. In fine, the legislation which Congress
is authorized to adopt in this behalf is not general legislation upon
the rights of the citizen, but corrective legislation, that is, such as
may be necessary and proper for counteracting such laws as the States
may adopt or enforce, and which, by the amendment, they are prohibited
from making or enforcing, or such acts and proceedings as the States may
commit or take, and which, by the amendment, they are prohibited from
committing or taking. It is not necessary for us to state, if we could,
what legislation would be proper for Congress to adopt. It is sufficient
for us to examine whether the law in question is of that character.
Public-domain text, read in full here on John Shaqi.
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