CHAPTER 8AS WE HAVE SEEN, by the decision in the Civil Rights Cases,
the Fourteenth Amendment gives no protection against
discrimination by private persons; nor does it require
states to prevent such discrimination. The matter of civil rights
is left to the states. The states may act to prohibit discriminations; or they may take no action at all, in which case the owner
of a place of public accommodation may do as he pleases; or
they may act to compel discriminations. The only limitation, applicable in the latter instance, is that if the state compels segregation, provision must be made for equal facilities for the Negro.
In brief, from the standpoint of the Constitution the situation
is as follows:
Statutes Compelling or Allowing
Segregation or Discrimination
|i. ||States may prohibit discrimination. This has been done, in
varying degree, by eighteen states.|
|2. ||States may compel discrimination (or segregation, which is
not discrimination according to the United States Supreme
Court). This has been done, in varying degree, by twenty states.|
|3. ||States may leave the matter to private discretion. This apparently has been done by ten states.|
Here we propose to indicate the scope of the practice of segregration, constituting the fruit of the decision in the Civil Rights
Schools: In the following states segregation of pupils is mandatory or expressly permissive (though there are various shadings in the requirements) : Alabama, Arizona, Delaware, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia. Dela
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: The Constitution and Civil Rights.
Contributors: Milton R. Konvitz - Author.
Publisher: Columbia University Press.
Place of publication: New York.
Publication year: 1947.
Page number: *.
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