jones v mayer - Thirteenth Amendment The amendment’s...

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Will Boas 11/1/2010 Jones v Mayer 1968 The petitioner, Joseph Lee Jones, brought his complaint before the court, claiming the defendant refused to sell him property solely because of his race. A District court ruled in favor of the defendant and dismissed the case. A Court of Appeals affirmed the District court’s decision, stating that Section 1982 applies only to state action. The case then went to the Supreme Court. Does the authority of Congress to enforce the Thirteenth Amendment include the power to eliminate all racial barriers to the acquisition of real and personal property? The court ruled Congress had the authority to eliminate all racial barriers from property sales under the
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Unformatted text preview: Thirteenth Amendment. The amendment’s enabling clause empowers Congress to “pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States.” The right to inherit, purchase, lease, sell and convey is a fundamental right guaranteed to all citizens. The court concludes its opinion in saying “at the very least, the freedom that Congress is empowered to secure under the Thirteenth Amendment includes the freedom to buy, the right to live wherever a white man can live. If Congress cannot say that being a free man means at least this much, then the Thirteenth Amendment made a promise the Nation cannot keep.”...
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This note was uploaded on 10/03/2011 for the course POL 142 taught by Professor Jones during the Fall '08 term at Miami University.

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