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Emancipation Proclamation And The Fourteenth Amendment

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Civil rights has been an important issue in American history, dating even before the signing of the Declaration of Independence. In fact, it was one of the primary causes of the American Revolution, as seen with the famous phrase “no taxation without representation.” The Emancipation Proclamation and the Thirteenth Amendment further sparked a heated debate during the Reconstruction Era over the civil protections of free blacks. These disputes led to additional legislation, such as the implementation of the Fourteenth Amendment, to protect these citizens of the United States.
In the late 1800s, the nation was beginning to recover from the Civil War, during which blacks were universally freed from slavery and became citizens of the United States. …show more content…

The Civil Rights Act of 1875 stated that all persons subject to the jurisdiction of the United States shall be entitled to the full and equal enjoyment of accommodations and facilities at inns, public conveyances, and other places of amusement. The primary legal issue in the case was whether the Fourteenth Amendment to the Constitution that was ratified in 1868 gave Congress the authority to regulate private transactions such as the practices of innkeepers or firms providing public transportation to prevent discrimination. The Fourteenth Amendment provides that no "state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The plaintiffs bringing the cases before the Court argued that the language of the Fourteenth Amendment applies only to state actions such as state laws or municipal ordinances that impinge on the rights of African-Americans and not to any private commercial transactions. An additional constitutional issue examined by the Court was whether the Civil Rights Act of 1875 violated the Tenth Amendment, which reserves to the states any power not specifically granted to the federal government. Finally, the Court examined whether the legislation was permissible under the Thirteenth Amendment, …show more content…

According to an analysis in the Chicago-Kent Law Review, “[Harlan] protested the Court’s narrow interpretation of the requirements of freedom under the Thirteenth Amendment. Since the institution of slavery rested upon the inequality of those held in bondage, ‘their freedom necessarily involved immunity from, and protection against, all discrimination against them, because of their race, in respect of such civil rights as belong to freemen of other races.’” In other words, Justice Harlan subtly implies that the other justices simply ignored the Thirteenth Amendment entirely, focusing instead on the rights of whites protected under the Fourteenth Amendment. This implication evinces the influence of judicial activism in the Supreme Court’s decision. Civil rights in the United States have definitely changed since the decision of the Civil Rights Cases of 1883. While the Court’s decision shows the overreaching opinion of the people during this time, it is also clear by Justice Harlan’s dissent that the opinions of the people were, even then, changing and progressing, focusing on equal rights for all under

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