The Civil Rights Cases

The Civil Rights Act of 1875 was an effort of the Post-Civil War Congresses to enforce civil rights throughout the United States. It was a part of the Reconstructionists to eliminate racial discrimination throughout the United States and this Act was one form to attempt to accomplish this. They took the authority to pass this Act from Section 5 of the 14th Amendment. They interpreted that section to allow the Congress the power to define as well …

…should be interpreted to the spirit of which it was intended seems to be the prevailing opinion of the day. It allowed for the expansion of civil rights in gay rights, AIDS discrimination, etc. The fundamental argument of the case strict versus loose construction continues to be a battle fought in the country, and it seems imminent that with the election (mostly likely) of President Bush and era of a more conservative court will begin.