Comment Re:Forgetting the most basic right: property[OT] (Score 1) 395
Actually, no, it is not why business "can't" discriminate. The Civil Rights Act, passed in the 1960's, says that we *must* discriminate, to give additional privilege to groups that are decided to be disadvantaged. That act might have been possible due to the Commerce clause, but the clause was not what requires it.
Actually, yes it is. In the Civil Rights Cases, 109 US 3 (1883), the US Supreme court held that the Civil Rights Act of 1875 was unconstitutional because while the 14th amendment prohibited the denial of equal protections by the states, it did not give Congress the power to regulate private acts. In other words, the 14th amendment applies to the states; it does not applies to individuals (and hence businesses).
It wasn't until the Passing of the Civil Rights Act of 1964, where Congress used the Commerce clause as the basis of its legislative powers (hard to believe given the amount of legislation passed every year, Congress has limited powers delegated to it by the Constitutions. Henceforth, and similar to federal courts, jurisdiction is not assumed and must be stated in order for Congress to enact its laws), that private parties were prohibiting from discriminating based on race. So not only the Act would not have been possible if it wasn't for the Commerce clause, but it would not passed judicial review becuase of the Commerce clause as well. See Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964).
Actually, yes it is. In the Civil Rights Cases, 109 US 3 (1883), the US Supreme court held that the Civil Rights Act of 1875 was unconstitutional because while the 14th amendment prohibited the denial of equal protections by the states, it did not give Congress the power to regulate private acts. In other words, the 14th amendment applies to the states; it does not applies to individuals (and hence businesses).
It wasn't until the Passing of the Civil Rights Act of 1964, where Congress used the Commerce clause as the basis of its legislative powers (hard to believe given the amount of legislation passed every year, Congress has limited powers delegated to it by the Constitutions. Henceforth, and similar to federal courts, jurisdiction is not assumed and must be stated in order for Congress to enact its laws), that private parties were prohibiting from discriminating based on race. So not only the Act would not have been possible if it wasn't for the Commerce clause, but it would not passed judicial review becuase of the Commerce clause as well. See Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964).
