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To: tpaine
The 14th amendment. Aren't you a lawyer?

Yes I am. The 14th Amendment applies to state action in that it prohibits a state and its political subdivisions from discriminating based upon race, national origin, religion etc. and that's the basis for 42 USCS 1981 et seq. I'm talking about that part of the Civil Rights Act that prohibits me from dicriminating in the operation of my private business, the sale/rental of private housing, the service of food in a private restaurant, and the letting of rooms in a private inn or other place of accommodation.

81 posted on 11/05/2003 10:31:37 AM PST by Labyrinthos
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To: Labyrinthos
The vast majority of the Civil Rights Laws prohibiting discrimination in housing, restaurants, and places of public accommodation and other businesses open to the public is based upon the Commerce Clause.
If not the Commerce Clause, then what would be the constitutional basis for the civil rights laws as applied to individuals? 61 -laby-

The 14th amendment. Aren't you a lawyer?

Yes I am. The 14th Amendment applies to state action in that it prohibits a state and its political subdivisions from discriminating based upon race, national origin, religion etc. and that's the basis for 42 USCS 1981 et seq.

Amendments to the constitution also apply to actions taken by the federal government. -- As you well know.

I'm talking about that part of the Civil Rights Act that prohibits me from dicriminating in the operation of my private business, the sale/rental of private housing, the service of food in a private restaurant, and the letting of rooms in a private inn or other place of accommodation.

Of course you are.. But do you agree that [depending on specifics] private actions can violate the rights of individuals?

224 posted on 11/05/2003 2:47:43 PM PST by tpaine (I'm trying to be 'Mr Nice Guy', but Arnie won, & our republic, as usual, will lose.)
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To: Labyrinthos
Since you ask, there is NO Constitutional basis for such civil "rights" laws. But you knew that, I'm sure. Such laws are just another knee-jerk reaction to a "problem" that could and likely would have been settled by a few pointed boycotts.
257 posted on 11/06/2003 9:37:26 PM PST by dcwusmc ("The most dangerous man, to any government, is the man who is able to think things out for himself.")
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