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The Civil Rights Act of 1875 did not include restrictions on racial discrimination in
the workplace.
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Civil Right Cases of 1883 (10th Amendment) The Civil Rights Act of 1875 affirmed the equality of all persons in the enjoyment of transportation facilities, in hotels and inns, and in theaters and places of public amusement. In five separate cases, a black person was denied the same accommodations as a white person in violation of the 1875 Act. -Does the Civil Rights Act of 1875 violate the 10th Amendment of the Constitution which reserves all powers not granted to the national government to the states or to the people?
The Fourteenth Amendment restrains only state action. And the fifth section of the Amendment empowers Congress only to enforce the prohibition on state action. The amendment did not authorize national legislation on subjects which are within the domain of the state. Private acts of racial discrimination were simply private wrongs that the national government was powerless to correct.
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