PSCI 3322 Lecture Notes - Lecture 5: Civil Rights Act Of 1866, Civil Rights Cases, Thirteenth Amendment To The United States Constitution
25 Jan 2017
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Racial discrimination in the sale of housing: difference in fundamental right to housing vs. social rights (public accommodation) in civil rights cases. Section 1982 is the 1866 civil rights act which was passed on the authority of the 13th amendment. It provided all citizens have the same right as is enjoyed by white citizens to inherit, lease, sell and convey property: affirmative authority was 13th amendment. 14th amendment was no ratified yet during this time. If cra of 1875 is unconstitutional, by 1968, the 1866 would be unconstitutional also. 1883-1968: everyone think cra 1866 must be constitutional just like 1875 because it is ownership of property not ownership of another person. But court says that it is constitutional because 13th amendment is to eliminate slavery and the badges of slavery. Enabling clause allows congress to pass laws abolishing all badges and incidents of slavery.
