US Supreme Court strikes down part of the Civil Rights Act of 1875

Background. During Reconstruction, Congress had passed the Civil Rights Act of 1875, which entitled everyone to access accommodation, public transport, and theaters regardless of race or color. The Act was originally drafted by Senator Charles Sumner in 1870 but was not passed until almost a year after Sumner's 1874 death. Business owners contended that the Act was itself unconstitutional and that an Act of Congress should not be able to interfere with their private rights of property.

Legal Reasoning. Justice Bradley struck down the Act, holding that the Thirteenth Amendment merely abolished slavery and the Fourteenth Amendment did not empower Congress to outlaw private acts of racial discrimination. The Court ruled that Congress was not afforded control over private persons or corporations under the Equal Protection Clause, limiting the Act's scope to state action.

Dissent. Associate Justice John Marshall Harlan dissented, arguing the Act was a constitutional use of Congress' authority under the Thirteenth Amendment. Harlan had previously pressured Senator Sumner to drop the bill but was convinced by his wife to dissent from the majority opinion holding the law unconstitutional.