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Public Facilities: Symbols of Subordination
Transcript of Public Facilities: Symbols of Subordination
Post-Reconstruction Segregationist Society
Civil Rights Cases of 1883
-- invalidated the Civil Rights Act of 1875, which provided that "all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude"
How did the Courts eventually come to reject segregation?
Bell 278-279: Did
? Or did it complete "the cycle [of federal anti-discrimination law] begun by the enactment of the post-Civil War Reconstruction Acts"? (279)
Private Clubs Exemption (294-302)
"Though private clubs are exempted from Title II, and in most cases under Section 1981, the Supreme Court has failed to develop standards for identifying what would qualify as a truly private club. With the state of the law so uncertain, organizations feel little pressure to change discriminatory membership policies until forced to do so by legal action." (296)
Title II (Civil Rights Act of 1964)
Heart of Atlanta Motel v. US -- the application of Title II to a private business is justified by both Section 5 of the Fourteenth Amendment and the Interstate Commerce Clause of the USC (282-284).
Political Economic Factors
1. World War II
2. Cold War
3. Black veterans refusal of segregation
4. Limit on industrialization of the South
5. Class demands of poor whites
ICC of USC (Article 1, Section 8, Clause 3)
Gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
Section 5 of 14A
"The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
How does the court in CRC1883 justify is ruling?
1. Within a federal republic, it is the power of the state legislatures to enforce segregation
2. Fourteenth Amendment codifies civil equality, and not social equality
Cases on this exemption
1. Rotary International v. Rotary Club of Duarte (sex discrimination)
2. NY State Club Association v. City of NY (general discrimination)
3. The Case of James Durham (299)
Choose one of the questions:
1. Discuss the Hypothetical on p. 280. What would the ACLU argue? What would Harmonia argue?
2. Provide a political economic critique of a case or cases from the Bell reading. And from that critique, discuss how a libidinal rationale might further deepen our understanding of the reasoning of the case.