The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—MiscellanyIngersoll, Robert Green
Religion
The Works of Robert G. Ingersoll, Vol. 11 (of 12): Dresden Edition—Miscellany
Ingersoll, Robert Green
Free thought
Now, if the legislation of Congress must be "corrective," then I ask,
corrective of what? Certainly not of unconstitutional and void laws.
That which is void, cannot be corrected. That which is unconstitutional
is not the subject of correction. Congress either has the right to
legislate directly, or not at all; because indirect or corrective
legislation can apply only, according to the Supreme Court, to
unconstitutional and void laws that have been passed by a Stale; and
as such laws cannot be "corrected," the doctrine of "corrective
legislation" dies an extremely natural death.
A State can do one of three things: 1. It can pass an unconstitutional
law; 2. It can pass a constitutional law; 3. It can fail to pass any
law. The unconstitutional law, being void, cannot be corrected. The
constitutional law does not need correction. And where no law has been
passed, correction is impossible.
The Supreme Court insists that Congress can not take action until the
State does. A State that fails to pass any law on the subject, has not
taken action. This leaves the person whose immunities and privileges
have been invaded, with no redress except such as he may find in the
State Courts in a suit at law; and if the State Court takes the
same view that is apparently taken by the Supreme Court in this
case,--namely, that it is a "social question," one not to be regulated
by law, and not covered in any way by the Constitution--then,
discrimination can be made against citizens by landlords and railway
conductors, and they are left absolutely without remedy.
The Supreme Court asks, in this decision,
"Can the act of a mere individual--the owner of the inn, or public
conveyance, or place of amusement, refusing the accommodation, be
justly regarded as imposing any badge of slavery or servitude upon
the applicant, or only as inflicting an ordinary civil injury properly
cognizable by the laws of the State, and presumably subject to redress
by those laws, until the contrary appears?"
How is "the contrary to appear"? Suppose a person denied equal
privileges upon the railway on account of race and color, brings suit
and is defeated? And suppose the highest tribunal of the State holds
that the question is of a "social" character--what then? If, to use the
language of the Supreme Court, it is "an ordinary civil injury,
imposing no badge of slavery or servitude," then, no Federal question is
involved.
Why did not the Supreme Court tell us what may be done when "the
contrary appears"? Nothing is clearer than the intention of the Supreme
Court in this case--and that is, to decide that denying to a man equal
accommodations at public inns on account of race or color, is not an
abridgment of a privilege or immunity of a citizen of the United States,
and that such person, so denied, is not in a condition of involuntary
servitude, or denied the equal protection of the laws. In other
words--that it is a "social question."
Public-domain text, read in full here on John Shaqi.
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