Of course these remarks do not apply to those cases in which Congress
is clothed with direct and plenary powers of legislation over the whole
subject, accompanied with an express or implied denial of such power to
the States, as in the regulation of commerce with foreign nations, among
the several States, and with the Indian tribes, the coining of money,
the establishment of post offices and post roads, the declaring of war,
etc. In these cases Congress has power to pass laws for regulating the
subjects specified in every detail, and the conduct and transactions of
individuals in respect thereof. But where a subject is not submitted
to the general legislative power of Congress, but is only submitted
thereto for the purpose of rendering effective some prohibition against
particular State legislation or State action in reference to that
subject, the power given is limited by its object, and any legislation by
Congress in the matter must necessarily be corrective in its character,
adapted to counteract and redress the operation of such prohibited State
laws or proceedings of State officers.
If the principles of interpretation which we have laid down are correct,
as we deem them to be (and they are in accord with the principles laid
down in the cases before referred to, as well as in the recent case of
_United States ~v.~ Harris_, 106 U. S. 629), it is clear that the law in
question cannot be sustained by any grant of legislative power made to
Congress by the Fourteenth Amendment. That amendment prohibits the States
from denying to any person the equal protection of the laws, and declares
that Congress shall have power to enforce, by appropriate legislation,
the provisions of the amendment. The law in question, without any
reference to adverse State legislation on the subject, declares that
all persons shall be entitled to equal accommodations and privileges of
inns, public conveyances and places of public amusement, and imposes a
penalty upon any individual who shall deny to any citizen such equal
accommodations and privileges. This is not corrective legislation; it is
primary and direct; it takes immediate and absolute possession of the
subject of the right of admission to inns, public conveyances and places
of amusement; it supersedes and displaces State legislation on the same
subject, or only allows it permissive force; it ignores such legislation,
and assumes that the matter is one that belongs to the domain of national
regulation. Whether it would not have been a more effective protection
of the rights of citizens to have clothed Congress with plenary power
over the whole subject is not now the question. What we have to decide
is, whether such plenary power has been conferred upon Congress by the
Fourteenth Amendment; and in our judgment it has not.
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