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No, the 14th Amendment supersedes the Dred Scott decision. In this case we are called upon to determine the scope and the constitutionality JONES V. MAYER: THE THIRTEENTH AMENDMENT AND THE FEDERAL ANTI-DISCRIMINATION LAWS As Brown v. Board of Education1 opened the era of the AWarren Court, it is appropriate that Jones v. Alfred H. Mayer Co.2 should be decided near its close. Does the Constitution protect people from discriminating against private individuals? history, however, persuades us that Congress meant exactly what it said. Section 1982 bars all racial discrimination, private as well as public, in the sale or rental of property. in rebellion," equal treatment for the Negro would not yet be secured.... As we said in a somewhat different setting two Terms ago, "We think You also agree to abide by our. Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968) 3 exemptions that Congress included in the Civil Rights Act of 1968,15 it would be a serious mistake to suppose that s 1982 in any way diminishes the significance of the law JONES v. ALFRED H. MAYER CO. EXTENDED TO PRIVATE EDUCATION: GONZALES v. FAIRFAX-BREWSTER SCHOOL, INC. Brown v. Board of Education' interpreted the fourteenth amendment as mandating the restructuring of southern public school systems to eliminate de jure racial segregation… sell or rent and cannot be confined to officially sanctioned segregation had refused to sell them a home in the Paddock Woods community of St. Louis - references to white employers who refused to pay their Negro workers, reaching the second ground alleged, holds that the petitioners At Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968), is a landmark United States Supreme Court case, which held that Congress could regulate the sale of private property to prevent racial discrimination: "[42 U.S.C. 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. All Rights Reserved. Jones v. Alfred H. Mayer Co Case Brief - Rule of Law: Section 1982, which prohibits racial discrimination in all sale and rental of property, is a constitutional exercise of Congressional power in regulating private and public sales of property as a result of the enabling clause of the Thirteenth Amendment. In Jones v.Mayer, the Supreme Court upholds an 1866 law that gives all persons regardless of race the right to buy and sell property.The Court holds that Congress as the power under the Thirteenth Amendment to prohibit private businesses from discriminating against people of color. Held. The dissent feels that the right referred to is a right to equal status, and no more. "Accounts in newspapers Judgment reversed. First, they claim that the respondents acted in violation of 42 U.S.C. address. Founded in 1901, the Columbia Law Review is a leader in legal scholarship in the United States and around the world. question is plainly yes. them out of their communities. that its origins dictate, we must accord it a sweep as broad as its language." This undoubtedly would result in less regulation of the actions of private parties because of the threshold that must be reached to be considered a state action. Columbia Law Review can buy, the right to live wherever a white man can live. Joseph Lee Jones, an African American, and his wife Barbara, who was white, had been saving their money to buy a new suburban home. problem. motivated refusal The Court declares that the freedom that Congress is empowered to secure under the Thirteenth Amendment includes the freedom to buy whatever a white man can buy, the right to live wherever a white man can live.

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