Judicial review? Brown v. Board of Education

As long as it took while respecting the U.S. Constitution.

But like I said, the government has no right to ever discriminate. Private discrimination is quite constitutionally acceptable according to freedom of association.

 

If the restaurant is privately owned, then they certainly have that right. And I have the right not to frequent such an establishment. </font>[/QUOTE]Privately owned establishments that serve the public are not private. By the "commerce clause" in the constitution, Congress has the right to regulate public commerce, and that, along with the "necessary and proper" clause was the basis of the civil rights legistlation of the '60s that outlawed segregated restaurants, hotels, etc. True private clubs (like country clubs) may discrimminate because they are not open to the public.

 

Obviously, I disagree with that interpretation. If I own a piece of property, I have the right to do what I want with it, as long as I do not interfere with another person's right to use their property as they want.

Therefore, I have the right to determine who can or cannot set foot on my property and where they can or cannot sit on my property.

 

Of course that is true if your property is not used for a public commerce purpose. However, the constitution specifically gives Congress the right to regulate commerce. Since Justice Marshall's decision in Gibbons V. Ogden, about 180 years ago, that is the way it is interpreted.

 

http://www.landmarkcases.org/landmarkframe_commerce.html

This site is helpful.

 

I consider such property is being used for private commerce. Public commerce would take place on government property.

But, then again, I am a strict believer in private property rights. And I think the Founding Fathers were, too.

 

Private commerce is not open to the public--that is why a country club can legally discriminate. If you are open to the public, you must abide by the discrimination laws.

You can invite who you want to your house.

But if you decide to rent or sell it, you cannot refuse someone on the basis of race, religion, or national origin.

You can start a private club and exclude who you want. If you serve the public, you can't exclude people on the basis of who they are (you can dictate dress code, however).

A lot of the founders thought people could be property!