The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
Giving the opinion of the court in Civil Rights Cases,[19] Mr. Justice
Bradley said that the Fourteenth Amendment on which this act of 1875
rested for its authority, if it had any authority at all, does not
invest Congress to legislate within the domain of State legislation or
in State action of the kind referred to in the Civil Rights Act. He
believed that the Fourteenth Amendment does not authorize Congress to
create a code of municipal law for the regulation of private rights.
He conceded that positive rights and privileges are secured by the
Fourteenth Amendment but only by prohibition against State laws and
State proceedings affecting those rights.[20] "Until some State law
has passed," he said, "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 under State authority."
Otherwise Congress would take the place of State legislatures and
supersede them and regulate all private rights between man and man.
Civil rights such as are guaranteed by the Constitution against State
aggression, thought Justice Bradley, cannot be impaired by the
wrongful acts of individuals unsupported by State authority in the
shape of laws, customs, or executive proceedings, for those are
private wrongs.
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