VAWA - Civil Rights Cases

[Michael McConnell]

I think Adam Winkler and I have come to near-agreement. IF the '75
Act was constitutional, it was for the reason Winkler gives below,
NOT because Congress had some free-wheeling power to protect "equal
citizenship" by eradicating discrimination in the private realm.

> Finally, it seems we agree that the Framers of the 14th at least intended
> to protect blacks in the enjoyment of certain rights when the states were
> failing to protect them.  That is precisely what the Civil Rights Act of
> 1875 did with regard to common law rights of access to public accomodations
> et al.

-- Michael McConnell (U of Utah)