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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?


Let the states decide. Even black conservaitve commentators tend to acknowledge that racism is its own punishment (because one forgoes qualified applicants or customers) and that modern society will effectively end any business that is racist.

Or pick another part of the Constitution to torture. Race discrimination is not an interstate commerce issue, it is an equal protection issue.
84 posted on 11/05/2003 10:32:43 AM PST by Atlas Sneezed
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To: Beelzebubba
Let the states decide. Even black conservaitve commentators tend to acknowledge that racism is its own punishment (because one forgoes qualified applicants or customers) and that modern society will effectively end any business that is racist. Or pick another part of the Constitution to torture. Race discrimination is not an interstate commerce issue, it is an equal protection issue.

I'm not disagreeing with you. I was just pointing out how the commerce clause is used to justify lawsthat have nothing to do directly with interstate commerce. BTW, the equal protection clause does not provide a constitutional predicate for the civil rights act as enforced against the private sector, because the 14th Amendment only prohibits the states and their political subdivisions from depriving a person of equal protection of the laws.

87 posted on 11/05/2003 10:38:48 AM PST by Labyrinthos
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