Should the Congress have used the Civil War amendments to the Constitution to pass civil rights laws . . .?
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Should the Congress have used the Civil War amendments to the Constitution to pass civil rights laws . . .?
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instead of the Commerce Clause? Would this have been a firmer legal ground on which to base the laws?
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RyGuy
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Seems like everything is justified with the commerce clause now and days...
Yes, I agree that an Amendment is more firm legal ground.
I hate the commerce clause, I wish the Founders didn't use the word regulate |
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Will
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No. Since slavery was permitted in the constitution, the institution and the status of former slaves had to be addressed by Constitutional provision. There really was no other way. |
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Discipulo legis, quis cogitat?
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I'm not aware of Civil War amendments, but the Reformation era Amendments: Numbers 13 and 14 specifically granted congress the power to enforce equal rights and due process among the states, and to eliminate "badges of slavery" as the Supreme Court put it.
I believe your idea of "firmer legal ground" might be a misconception seeing that since Reformation, our US Supreme Court has greatly influenced congressional actions by declaring an act as constitutional or unconstitutional when challenged. Congress doesn't act in a vacuum, and when Supreme Court decision after Supreme Court decision comes down in support of congress on an action, it soon becomes well settled law as to what congress may do, regardless of the personal opinions of those without a law degree.
If you would like to read a Supreme Court case that shows the outer limits of section 5 of the 14th Amendment and the Commerce Clause, you can check out US v. Morrison. If you go to law school, you must study this case, but be careful, its 69 pages long. The Rhenquist court struck down parts of the VAWA as beyond the power of Congress to enforce.
While parts of VAWA were unconstitutional, apparently the Civil Rights Act is not on shaky ground at all. There is no need to base it on anything else if the courts so routinely accept it as good law. I would have to say that your unspoken premise, that the Civil Rights Act is on infirm legal ground, is false. |
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