The Fourteenth Amendment and the States: A Study of the Operation of the Restraint Clauses of Section One of the Fourteenth Amendment to the Constitution of the United StatesLittle, Brown,, 1912 - 220 páginas |
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The Fourteenth Amendment and the States: A Study of the Operation of the ... Charles Wallace Collins Visualização completa - 1912 |
The Fourteenth Amendment and the States: A Study of the Operation of the ... Charles Wallace Collins Visualização completa - 1912 |
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Página 24 - Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the state, sometimes termed its "police power," to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.
Página 71 - Laws permitting and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other, and have been generally, if not universally, recognized as within the competency of the State legislatures in the exercise of their police power.
Página 71 - The object of the amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political, equality, or a commingling of the two races upon terms unsatisfactory to either.
Página 69 - ... the education of the people in schools maintained by state taxation is a matter belonging to the respective states, and any interference on the part of federal authority with the management of such schools cannot be justified, except in the case of a clear and unmistakable disregard of rights secured by the supreme law of the land.
Página 186 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Página 70 - Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.
Página 45 - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
Página 164 - That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had...
Página 26 - It is not a little remarkable, that while this provision has been in the Constitution of the United States, as a restraint upon the authority of the Federal government, for nearly a century, and while, during all that time, the manner in which the powers of that government have been exercised has been watched with jealousy, and subjected to the most rigid criticism in all its branches, this special limitation upon its powers has rarely been invoked in the judicial forum or the more enlarged theatre...
Página 88 - ... in contravention of the Fourteenth Amendment. The fundamental concept of liberty embodied in that Amendment embraces the liberties guaranteed by the First Amendment.