The Civil Rights cases, 1883 - by Arieh Sclar

“The 14th Amendment is prohibitory upon the States only, and the legislation authorized to be adopted by Congress for enforcing it is not direct legislation on the matters respecting which the States are prohibited from making or enforcing certain laws, or doing certain acts, but it is corrective legislation, such as may be necessary or proper for counteracting and redressing the effect of such laws or acts.

"The 13th Amendment relates to slavery and involuntary servitude (which it abolishes); ... yet such legislative power extends only to the subject of slavery and its incidents; and the denial of equal accommodations in inns, public conveyances and places of public amusement (which is forbidden by the sections in question), imposes no badge of slavery or involuntary servitude upon the party, but at most, infringes rights which are protected from State aggression by the 14th Amendment."

- U.S. Supreme Court decision

The Civil Rights cases, United States v. Stanley (1883)

1. How does the decision reflect the role of the Supreme Court in policy making during the Gilded Age? Specifically, relate how this role was reflected in the development of anti-trust legislation?

1. What are the implications of the above decision in terms of the direct impact on race relations in America?

1. How does the decision reflect Americans’ understanding of the power of the federal government during the Gilded Age prior to 1883?