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17 Mercer L. Rev. 338 (1965-1966)


Discrimination in public accommodations presents the most appealing case for compulsory civil-rights legislation. In practical terms, the Civil Rights Act of 1964 has eliminated much of the existing segregation in public accommodations, and, with continued enforcement, the job should be soon completed even in the most hostile areas of the South. The public-accommodations problem, therefore, is no longer a live issue. It is useful, however, to touch upon it, for those who would restrain federal power are often challenged by the taunt, "What would you do about public accommodations? Would you leave it up to the states? How would you feel if you were a Negro?" The fact is that there is, or rather was, a constructive alternative on this issue. That alternative was not only rejected, but it was done so in disregard of the clear intent of the Constitution. A short explanation will serve to illustrate the operation in this area of the impatience generally characteristic of the liberal approach to racial matters.


Reprinted with permission of Mercer Law Review.



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