text:
Gene bank
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This article is about preservation of genetic material. For gene banks in Molecular Biology, a collection of DNA from one organism, see Genomic library.
Gene banks are a type of biorepository which preserve genetic material. For plants, this could be by freezing cuttings from the plant, or stocking the seeds (e.g. in a seedbank). For animals, this is the freezing of sperm and eggs in zoological freezers until further need. With corals, fragments are taken which are stored in water tanks under controlled conditions.[1] Plant genetic material in a 'gene bank' is preserved at -196° Celsius in Liquid Nitrogen as mature seed (dry).
In plants, it is possible to unfreeze the material and propagate it, however, in animals, a living female is required for artificial insemination. While it is often difficult to use frozen animal sperm and eggs, there are many examples of it being done successfully.
In an effort to conserve agricultural biodiversity, gene banks are used to store and conserve the plant genetic resources of major crop plants and their crop wild relatives. There are many gene banks all over the world, with the Svalbard Global Seed Vault being probably the most famous one.
The database of the largest gene banks in the world can be queried via a common website, Genesys.
Contents
[hide]
1 Types of gene banks
1.1 Seed bank
1.2 Tissue bank
1.3 Cryobank
1.4 Field gene bank
2 See also
3 External links
3.1 Multimedia
4 References
Types of gene banks[edit]
This section may need to be rewritten entirely to comply with Wikipedia's quality standards. You can help. The discussion page may contain suggestions. (January 2016)
Seed bank[edit]
A seed bank preserves dried seeds by storing them at a very low temperature. Spores and pteridophytes are conserved in seed banks, but other seedless plants, such as tuber crops cannot be preserved this way.[citation needed] The largest seed bank in world is the Millennium Seed Bank housed at the Wellcome Trust Millennium Building (WTMB), located in the grounds of Wakehurst Place in West Sussex, near London.[2]
Tissue bank[edit]
In this technique, buds, protocorm and meristematic cells are preserved through particular light and temperature arrangements in a nutrient medium. This technique is used to preserve seedless plants and plants that reproduce sexually.
Cryobank[edit]
In this technique, a seed or embryo is preserved at very low temperatures. It is usually preserved in liquid nitrogen at -196 °C. This is helpful for the conservation of species facing extinction.[3] Cryobanks are utilized for the cryoconservation of animal genetic resources[4]
Storage of pollen This is a method in which pollen grains are stored. We can make plants which are facing extinction in the present world. Using this technique, we can make plants with one set of chromosomes. The pollen is stored in liquid nitrogen. This method is useful for crossbreeding.
Field gene bank[edit]
This is a method of planting plants for the conservation of genes. For this purpose, an ecosystem is created artificially. Through this method one can compare the differences among plants of different species and can study them in detail. It needs more land, adequate soil, weather, etc. Germ plasma of important crops are conserved through this method. 42,000 varieties of rice are conserved in the Central Rice Research Institute in Orissa.
See also[edit]
Sperm bank
Ova bank
Biobank
Biological database
Germplasm
Seed bank
External links[edit]
AEGIS A European Genebank Integrated System
The Crop Genebank Knowledge Base
Genebanks
Genesys
Israel Gene Bank
DAD-IS: Domestic Animal Diversity Information System
Multimedia[edit]
Short DIVERSEEDS video about the Israeli Gene Bank
References[edit]
Jump up ^ "青汁と口臭とサプリメントと運動". www.cdnn.info. Retrieved 2017-03-01.
Jump up ^ Drori, Jonathan (posted May 2009, filmed February 2009). "Why we're storing billions of seeds". TED2009. TED. Retrieved 2011-12-11. Check date values in: |date= (help)
Jump up ^ "Cryo bank". CGIAR Genetic Resources Systems: Phase 2. Collective Action for the Rehabilitation of Global Public Goods. Retrieved 23 January 2012.
Jump up ^ ’’Cryoconservation of Animal Genetic Resources.’ ‘Rep. Rome: Food and Agriculture Organization of the United Nations, 2012. FAO Animal Production and Health Guidelines No. 12. Print.
Ellis, R.H., T.D. Hong and E.H. Roberts (1985). Handbook of Seed Technology for Genebanks Vol. II: Compendium of Specific Germination Information and Test Recommendations. IBPGR (now Bioversity International). Rome, Italy. CS1 maint: Multiple names: authors list (link)
Engels, J.M.M. and L. Visser, editors. (2003). A Guide to Effective Management of Germplasm Collections. CABI, IFPRI, IPGRI, SGRP. CS1 maint: Multiple names: authors list (link)CS1 maint: Extra text: authors list (link) 174 p.
Kameswara, N., J. Hanson, M. E. Dulloo, K. Ghosh, A. Nowell and M. Larinde. (2006). Manual of Seed Handling in Genebanks. Bioversity International, CTA (Technical Center for Agricultural and Rural Cooperation), FAO, ILRI. CS1 maint: Multiple names: authors list (link) 147 p.
Koo, B., Pardey, P. G., Wright, B. D.; et al. (2004). Saving Seeds. CABI, IFPRI, IPGRI, SGRP. CS1 maint: Multiple names: authors list (link)
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The Gap Band
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Not to be confused with band gap.
The Gap Band
The Gap Band in 1983
Background information
Origin
Tulsa, Oklahoma, United States
Genres
Funk, boogie, electro-funk, R&B, soul, disco
Instruments
Guitar, Synthesizer, Drums, Horns
Years active
1974–2010
Labels
Shelter Records, Tattoo/RCA, Mercury, Total Experience, Capitol
Associated acts
Dawn Silva
Website
[1]
Past members
Charlie Wilson
Ronnie Wilson
Robert Wilson
The Gap Band was an American R&B and funk band that rose to fame during the 1970s and 1980s. The band consisted of brothers Charlie, Ronnie, and Robert Wilson; and it was named after streets (Greenwood, Archer, and Pine) in the historic Greenwood neighborhood in the brothers' hometown of Tulsa, Oklahoma. The group shortened its name to The Gap Band in 1973. After 43 years together, they retired in 2010.
Contents
[hide]
1 History
1.1 Early years
1.2 Success
1.3 Later years
2 Legacy
2.1 Sampling
2.1.1 Music
2.1.2 Videogames
3 Members
4 Support musicians
5 Composers
6 Discography
7 References
8 External links
History[edit]
Early years[edit]
The band received its first big break by being the back up band for fellow Oklahoman Leon Russell's Stop All That Jazz album released in 1974.[1][2]
Early on, the group took on a funk sound reminiscent of the early 1970s.[3] This style failed to catch on, and their first two LP's, 1974's Magician's Holiday which was recorded at Leon Russell's historic The Church Studio and 1977's The Gap Band (not to be confused with their 1979 album) failed to chart or produce any charting singles. Afterwards, they were introduced to LA producer Lonnie Simmons, who signed them to his production company Total Experience Productions (named after his successful Crenshaw Boulevard nightclub), and managed to get them a record deal with Mercury Records.
Success[edit]
On their first album, The Gap Band, they found chart success with songs such as "I'm in Love" and "Shake"; the latter became a Top 10 R&B hit in 1979.
Later that year, the group released "I Don't Believe You Want to Get Up and Dance (Oops!)" on their album The Gap Band II. Although it did not hit the Hot 100, it soared to #4 R&B, and the album went gold. The song, and the band's musical output as a whole, became more P-Funk-esque,[4] with expanded use of the synthesizers and spoken monologues within songs (see audio sample). The song "Steppin' (Out)" also reached the top 10 R&B.[5]
"I Don't Believe You Want to Get Up and Dance (Oops)" (1979)
The Gap Band's breakthrough single, "I Don't Believe You Want to Get Up and Dance (Oops!)" exemplifies the sound that made them famous.
Problems playing this file? See media help.
Charlie Wilson provided background vocals on Stevie Wonder's 1980 hit "I Ain't Gonna Stand For It" from Wonder's album Hotter Than July (1980).
The band reached a whole new level of fame in 1980 with the release of the #1 R&B and #16 Billboard 200 hit, The Gap Band III. That album had soul ballads such as the #5 R&B song "Yearning for Your Love", and funk songs such as the R&B chart-topper "Burn Rubber on Me (Why You Wanna Hurt Me)" and "Humpin'".[6] They repeated this formula on the #1 R&B album Gap Band IV in 1982 (the first album released on Simmons' newly launched Total Experience Records), which resulted in three hit singles: "Early in the Morning" (#1 R&B, #13 Dance, #24 Hot 100), "You Dropped a Bomb on Me" (#2 R&B, #31 Hot 100, #39 Dance), and "Outstanding" (#1 R&B, #24 Dance). It was during this time that former Brides of Funkenstein singer Dawn Silva joined them on tour.[7]
Their 1983 album, Gap Band V: Jammin', went gold, but was not quite as successful as the previous works, peaking at #2 R&B and #28 on the Billboard 200. The single "Party Train" peaked at #3 R&B, and the song "Jam the Motha'" peaked at #16 R&B, but neither made it onto the Hot 100. The album's closer "Someday" (a loose cover of Donny Hathaway's "Someday We'll All Be Free") featured Stevie Wonder as a guest vocalist.[8]
Their next work, Gap Band VI brought them back to #1 R&B in 1985, but the album sold fewer copies and did not go gold. "Beep a Freak" hit #2 R&B, "I Found My Baby" peaked at #8 on the R&B charts, and "Disrespect" peaked at #18. That year, lead singer Charlie Wilson and singer Shirley Mardock provided backing vocals on Zapp & Roger's #2 R&B "Computer Love".[9]
Later years[edit]
While their 1986 cover of "Going in Circles" went to #2 on the R&B charts, and the album it was released on, Gap Band VII, hit #6 R&B, the album almost became their first in years to miss the Billboard 200, peaking at a mere #159.
While they were beginning to struggle stateside, the group found their greatest success in the UK when their 1987 single "Big Fun" from Gap Band 8 reached #4 in the UK Singles Chart.[10] 1988's Straight from the Heart was their last studio album with Total Experience.
The Gap Band caught a small break in 1988 with the Keenen Ivory Wayans film I'm Gonna Git You Sucka. They contributed the non-charting "You're So Cute" and the #14 R&B title track to the film (The first was not on the soundtrack, but was used in the film).[11] Their first song on their new label, Capitol Records, 1989's "All of My Love" (from their album Round Trip), is, to date, their last #1 R&B hit. The album also produced the #8 R&B "Addicted to Your Love" and the #18 R&B ""We Can Make it Alright." They left Capitol Records the next year and went on a five-year hiatus from producing new material.
During the 1990s, the band released three non-charting studio albums and two live albums.
Legacy[edit]
In 1992, Charlie ventured into a solo career and has had several moderate R&B hits on his own. Wilson's vocals were credited in part for inspiring the vocal style of new jack swing artists Guy, Aaron Hall, Keith Sweat, and R. Kelly. The band reunited in 1996, and issued The Gap Band: Live and Well, a live greatest hits album.
On August 26, 2005, The Gap Band was honored as a BMI Icon at the 57th annual BMI Urban Awards. The honor is given to a creator who has been "a unique and indelible influence on generations of music makers". "Outstanding" alone remains one of the most sampled songs in history and has, astonishingly, been used by over 150 artists.[12]
Robert Wilson died of a heart attack at his home in Palmdale, California on August 15, 2010. Age 53.[13]
Sampling[edit]
Music[edit]
Since the 1990s, many of The Gap Band's hits have been sampled and covered by R&B and hip hop artists such as II D Extreme, Brand Nubian, Tyler, the Creator, 69 Boyz, Ashanti, Big Mello, Blackstreet, Mary J. Blige, Da Brat, Ice Cube, Jermaine Dupri, Mia X, Nas, Rob Base Shaquille O'Neal, Snoop Dogg, Soul For Real, and Vesta.[14] Other musicians inspired by The Gap Band include Guy, Aaron Hall, Jagged Edge, Bill Heausler, Mint Condition, R. Kelly, Ruff Endz, Keith Sweat, Joe Miller, GRiTT, The Delta Troubadours, and D'Extra Wiley.
Producer Heavy D sampled "Outstanding" for "Every Little Thing" a 1995 hit single by his boy band prodigies Soul For Real[15], which reached #17 on the Billboard Hot 100.
Videogames[edit]
"You Dropped a Bomb on Me" was featured in the hit 2004 videogame Grand Theft Auto: San Andreas (2004), playing on the fictional funk radio station Bounce FM.
"Burn Rubber On Me (Why You Wanna Hurt Me)" was featured in DiRT 3 (2011).
"You Dropped a Bomb on Me" was featured in Call of Duty: Infinite Warfare Zombies In Spaceland (2016)
Members[edit]
Charlie Wilson – Lead vocals, piano, synthesizer, clavinet, organ, drums, percussion
Ronnie Wilson – Vocals, trumpet, flugelhorn, piano, synthesizer, percussion, songwriter
Robert Wilson (1956-2010) – Bass, guitar, percussion, vocals [16]
Support musicians[edit]
Lonnie Simmons – Guitar, percussion
Rudy Taylor – Keyboard, programming, back vocal
Raymond Calhoun – Percussion, drums, vocals
Val Young – Vocals
Billy Young - Keyboard
Cavin Yarbrough – Keyboard
Robert "Goodie" Whitfield – Piano, synthesizer, saxophone
James Gadson – Drums
James "Jimi" Macon – Guitar (1977–1986)
Ronnie Smith – Drums
Chris Clayton – Saxophone, vocals (1974–1983)
Alvin Jones – Trombone (1974)
Tommy Lokey – Trumpet (1974–1983)
Carl Scoggins – Congas, percussion (1974)
Roscoe Smith – Drums (1974)
O'Dell Stokes – Guitar (1974)
Lawrence "Lukii" Scott – Guitar (1974)
Tim Fenderson (Rabbit) – Bass
LaSalle Gabriel – Guitar (1994–1997)
Malvin "Dino" Vice – Trumpet, vocals, horn and string arrangements
Oliver Scott – Piano, synthesizer, trombone, vocals
Ronnie Kaufman – Drums
Fred "Locksmith" Jenkins – Guitar
Glenn Nightingale – Guitar
Jimmy Hamilton – Piano, synthesizer
Maurice Hayes – Guitar
Ira Ward – Drums, Bass, guitar, piano
Composers[edit]
Charlie Wilson
Ronnie Wilson
Robert Wilson
Lonnie Simmons
Oliver Scott
Jonah Ellis
Malvin "Dino" Vice
Raymond Calhoun
Rudy Taylor
Discography[edit]
Main article: The Gap Band discography
Magicians Holiday (1974)
The Gap Band (1977)
The Gap Band (1979)
The Gap Band II (1979)
The Gap Band III (1980)
Gap Band IV (1982)
Gap Band V: Jammin' (1983)
Gap Band VI (1984)
Gap Band VII (1985)
Gap Band 8 (1986)
Straight From The Heart (1988)
Round Trip (1989)
Testimony (1994)
Ain't Nothin' But a Party (1995)
Y2K: Funkin' Till 2000 Comz (1999)
References[edit]
Jump up ^ allmusic.com Stop All That Jazz
Jump up ^ rockhall.com, Leon Russell Bio
Jump up ^ The Gap Band (1977) at allmusic
Jump up ^ The Gap Band II on allmusic
Jump up ^ RIAA Certifications at RIAA.com Archived 2013-02-25 at the Wayback Machine.
Jump up ^ "The Gap Band III - The Gap Band - Songs, Reviews, Credits". AllMusic. Retrieved 2018-03-01.
Jump up ^ Dawn Silva Biography
Jump up ^ Gap Band V: Jammin' at allmusic
Jump up ^ "Charlie Wilson Remembers Rivalry With Roger Troutman, Making "Computer Love"". The Urban Daily. 2011-03-24. Retrieved 2018-03-01.
Jump up ^ Chart Stats
Jump up ^ Soundtrack Listing at IMDB
Jump up ^ "Lil Jon, R. Kelly, Kanye West and EMI Take Top Honors at BMI Urban Awards". bmi.com. Retrieved 2010-10-11.
Jump up ^ Jennifer Chancellor, "Robert Wilson of the Gap Band, 'Godfather of bass guitar,' dead at 53", Tulsa World, August 16, 2010.
Jump up ^ The Gap Band Music Sampled by Others on WhoSampled
Jump up ^ "Soul for Real's 'Every Little Thing I Do' - Discover the Sample Source". WhoSampled. Retrieved 2018-03-01.
Jump up ^ Lipschutz, Jason (2010-08-16). "Robert Wilson of the Gap Band Dies at 53". Billboard. Retrieved 2018-03-01.
External links[edit]
Book: The Gap Band
The Gap Band at AllMusic
Facebook Page[dead link]
Myspace Page
Encyclopedia of Oklahoma History and Culture – Gap Band
The Gap Band at WhoSampled
Charlie Wilson in-depth interview by Pete Lewis, 'Blues & Soul' August 2011
Charlie Wilson 2011 Interview at Soulinterviews.com
[hide]
v
t
e
The Gap Band
Charlie Wilson
Ronnie Wilson
Robert Wilson
Studio albums
Magicians Holiday (1974)
The Gap Band (1977)
The Gap Band (1979)
The Gap Band II (1979)
The Gap Band III (1980)
Gap Band IV (1982)
Gap Band V: Jammin' (1983)
Gap Band VI (1984)
Gap Band VII (1985)
Gap Band 8 (1986)
Straight From The Heart (1988)
Round Trip (1989)
Testimony (1994)
Ain't Nothin' But a Party (1995)
Y2K: Funkin' Till 2000 Comz (1999)
Live albums
Live & Well (1996)
Compilation albums
The Best of The Gap Band (1995)
Songs
"Oops Up Side Your Head"
"Burn Rubber on Me (Why You Wanna Hurt Me)"
"Humpin'"
"Yearning for Your Love"
"Early in the Morning"
"You Dropped a Bomb on Me"
"Outstanding"
"Party Train"
"Going in Circles"
"All of My Love"
Related articles
Discography
Lonnie Simmons
Total Experience Records
Book:The Gap Band
Authority control
WorldCat Identities
VIAF: 144397356
LCCN: n91069497
ISNI: 0000 0000 9755 806X
GND: 10038447-X
SUDOC: 08056447X
BNF: cb13903643s (data)
MusicBrainz: 00aab979-da36-4efd-9086-e409cda07f9c
Retrieved from "https://en.wikipedia.org/w/index.php?title=The_Gap_Band&oldid=836407302"
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Civil Rights Cases
From Wikipedia, the free encyclopedia
Jump to: navigation, search
The Civil Rights Cases
Supreme Court of the United States
Decided 15 October, 1883
Full case name
United States v. Stanley; United States v. Ryan; United States v. Nichols; United States v. Singleton; Robinson et ux. v. Memphis & Charleston R.R. Co.
Citations
109 U.S. 3 (more)
3 S. Ct. 18; 27 L. Ed. 835
Holding
The Thirteenth and Fourteenth Amendments did not empower Congress to safeguard blacks against the actions of private individuals. To decide otherwise would afford blacks a special status under the law that whites did not enjoy.[1]
Court membership
Chief Justice
Morrison Waite
Associate Justices
Samuel F. Miller · Stephen J. Field
Joseph P. Bradley · John M. Harlan
William B. Woods · T. Stanley Matthews
Horace Gray · Samuel Blatchford
Case opinions
Majority
Bradley, joined by Waite, Miller, Field, Woods, Matthews, Gray, Blatchford
Dissent
Harlan
Laws applied
U.S. Const. amends. XIII, XIV; Civil Rights Act of 1875
Superseded by
Civil Rights Act of 1964
The Civil Rights Cases, 109 U.S. 3 (1883),[2] were a group of five US Supreme Court constitutional law cases. Against the famous dissent of Justice Harlan, a majority held the Civil Rights Act of 1875 was unconstitutional, because Congress lacked authority to regulate private affairs under the Fourteenth Amendment, and that the Thirteenth Amendment "merely abolishes slavery". The Civil Rights Act of 1875 had banned race discrimination in access to services offered to the public. The decision was effectively reversed in the jurisprudence of the Supreme Court from 1937, and finally by legislation under the Civil Rights Act of 1964.
Contents
[hide]
1 Background
2 Judgment
3 Dissent
4 Significance
5 See also
6 Notes
7 References
8 External links
Background[edit]
Black American plaintiffs, in five cases from lower courts,[3] sued theaters, hotels and transit companies that refused to admit them, or had excluded them from "white only" facilities. The Civil Rights Act of 1875 had been passed by Congress and entitled everyone to access accommodation, public transport, and theatres regardless of race or color.[4] This followed the American Civil War (1860-1865), President Abraham Lincoln’s Emancipation Proclamation (1 January 1863) to end slavery, and the Fourteenth Amendment to the US Constitution (9 July 1868) which reads ‘No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’ To implement the principles in the Fourteenth Amendment, Congress had specified that people could not be discriminated against on grounds of race or color in access to services offered to the general public. The business owners contended that the Civil Rights Act of 1875 was itself unconstitutional, and an Act of Congress should not be able to interfere with their private rights of property.
Judgment[edit]
The Supreme Court, in an 8-1 decision by Justice Joseph P. Bradley, held that the language of the 14th Amendment, which prohibited denial of equal protection by a state, did not give Congress power to regulate these private acts, because it was the result of conduct by private individuals, not state law or action, that black people were suffering.[1] Section five empowers Congress only to enforce the prohibition on state action. Legislation by Congress on subjects which are within the domain of the state were, apparently, not authorized by the Fourteenth Amendment. Private acts of racial discrimination were simply private wrongs that the national government was powerless to correct.
Bradley J said the following, holding the Constitution did ‘not authorize Congress to create a code of municipal law for the regulation of private rights’, as distinct from ‘state’ laws. In effect, only state bodies were sufficiently ‘public’ so as to be regulated.
Joseph P. Bradley authored the opinion of the court.
... individual invasion of individual rights is not the subject-matter of the [Fourteenth] Amendment. It has a deeper and broader scope. It nullifies and makes void all state legislation, and state action of every kind, which impairs the privileges and immunities of citizens of the United States, or which injures them in life, liberty or property without due process of law, or which denies to any of them the equal protection of the laws....
[...]
It does not invest congress with power to legislate upon subjects which are within the domain of state legislation; but to provide modes of relief against state legislation, or state action, of the kind referred to. It does not authorize congress to create a code of municipal law for the regulation of private rights; but to provide modes of redress against the operation of state laws, and the action of state officers, executive or judicial, when these are subversive of the fundamental rights specified in the amendment. Positive rights and privileges are undoubtedly secured by the fourteenth amendment; but they are secured by way of prohibition against state laws and state proceedings affecting those rights and privileges, and by power given to congress to legislate for the purpose of carrying such prohibition into effect; and such legislation must necessarily be predicated upon such supposed state laws or state proceedings, and be directed to the correction of their operation and effect. A quite full discussion of this aspect of the amendment may be found in U. S. v. Cruikshank, 92 U. S. 542; Virginia v. Rives, 100 U. S. 313, and Ex parte Virginia, Id. 339.
[...]
... it would be running the slavery argument into the ground to make it apply to every act of discrimination which a person may see fit to make as to guests he will entertain, or as to the people he will take into his coach or cab or car; or admit to his concert or theater, or deal with in other matters of intercourse or business. Innkeepers and public carriers, by the laws of all the states, so far as we are aware, are bound, to the extent of their facilities, to furnish proper accommodation to all unobjectionable persons who in good faith apply for them. If the laws themselves make any unjust discrimination, amenable to the prohibitions of the fourteenth amendment, congress has full power to afford a remedy under that amendment and in accordance with it.
When a man has emerged from slavery, and by the aid of beneficent legislation has shaken off the inseparable concomitants of that state, there must be some stage in the progress of his elevation when he takes the rank of a mere citizen, and ceases to be the special favorite of the laws, and when his rights as a citizen, or a man, are to be protected in the ordinary modes by which other men's rights are protected. There were thousands of free colored people in this country before the abolition of slavery, enjoying all the essential rights of life, liberty, and property the same as white citizens; yet no one, at that time, thought that it was any invasion of their personal status as freemen because they were not admitted to all the privileges enjoyed by white citizens, or because they were subjected to discriminations in the enjoyment of accommodations in inns, public conveyances, and places of amusement. Mere discriminations on account of race or color were not regarded as badges of slavery....
Dissent[edit]
Justice Harlan dissented against the Court's narrow interpretation of the Thirteenth and Fourteenth Amendments for all five of the cases. He argued Congress was attempting to overcome the refusal of the states to protect the rights denied to African Americans that white citizens took as their birthright. Private railroads (Olcott v. Supervisors)[5] were by law public highways, and it was the function of the government to make and maintain highways for the conveyance of the public; that innkeepers have long been held to be "a sort of public servants" (Rex v. Ivens 1835 7 Car. & P. 213)[6] that had no right to deny to anyone "conducting himself in a proper manner" admission to his inn; and that public amusements are maintained under a license coming from the State. He also found that the lack of protection from the 1875 Civil Rights Act would result in the violation of the Privileges or Immunities Clause of the Fourteenth Amendment, largely on the same grounds. Harlan J would have held the Civil Rights Act of 1875 valid, because people were left ‘practically at the mercy of corporations and individuals wielding power under public authority’. His judgment went as follows.
John Marshall Harlan, became known as the "Great Dissenter" for his fiery dissent in Civil Rights Cases and other early civil rights cases.
The opinion in these cases proceeds, as it seems to me, upon grounds entirely too narrow and artificial. The substance and spirit of the recent amendments of the constitution have been sacrificed by a subtle and ingenious verbal criticism. 'It is not the words of the law but the internal sense of it that makes the law. The letter of the law is the body; the sense and reason of the law is the soul.' Constitutional provisions, adopted in the interest of liberty, and for the purpose of securing, through national legislation, if need be, rights inhering in a state of freedom, and belonging to American citizenship, have been so construed as to defeat the ends the people desired to accomplish, which they attempted to accomplish, and which they supposed they had accomplished by changes in their fundamental law. By this I do not mean that the determination of these cases should have been materially controlled by considerations of mere expediency or policy. I mean only, in this form, to express an earnest conviction that the court has departed from the familiar rule requiring, in the interpretation of constitutional provisions, that full effect be given to the intent with which they were adopted.
The purpose of the first section of the act of congress of March 1, 1875, was to prevent race discrimination. It does not assume to define the general conditions and limitations under which inns, public conveyances, and places of public amusement may be conducted, but only declares that such conditions and limitations, whatever they may be, shall not be applied, by way of discrimination, on account of race, color, or previous condition of servitude. The second section provides a penalty against any one denying, or aiding or inciting the denial, to any citizen that equality of right given by the first section, except for reasons by law applicable to citizens of every race or color, and regardless of any previous condition of servitude....
The court adjudges that congress is without power, under either the thirteenth or fourteenth amendment, to establish such regulations, and that the first and second sections of the statute are, in all their parts, unconstitutional and void.
[...]
I do not contend that the thirteenth amendment invests congress with authority, by legislation, to regulate the entire body of the civil rights which citizens enjoy, or may enjoy, in the several states. But I do hold that since slavery, as the court has repeatedly declared, was the moving or principal cause of the adoption of that amendment, and since that institution rested wholly upon the inferiority, as a race, of those held in bondage, their freedom necessarily involved immunity from, and protection against, all discrimination against them, because of their race, in respect of such civil rights as belong to freemen of other races. Congress, therefore, under its express power to enforce that amendment, by appropriate legislation, may enact laws to protect that people against the deprivation, on account of their race, of any civil rights enjoyed by other freemen in the same state; and such legislation may be of a direct and primary character, operating upon states, their officers and agents, and also upon, at least, such individuals and corporations as exercise public functions and wield power and authority under the state.
[...]
Such being the relations these corporations hold to the public, it would seem that the right of a colored person to use an improved public highway, upon the terms accorded to freemen of other races, is as fundamental in the state of freedom, established in this country, as are any of the rights which my brethren concede to be so far fundamental as to be deemed the essence of civil freedom. 'Personal liberty consists,' says Blackstone, 'in the power of locomotion, of changing situation, or removing one's person to whatever place one's own inclination may direct, without restraint, unless by due course of law.' But of what value is this right of locomotion, if it may be clogged by such burdens as congress intended by the act of 1875 to remove? They are burdens which lay at the very foundation of the institution of slavery as it once existed. They are not to be sustained, except upon the assumption that there is still, in this land of universal liberty, a class which may yet be discriminated against, even in respect of rights of a character so essential and so supreme, that, deprived of their enjoyment, in common with others, a freeman is not only branded as one inferior and infected, but, in the competitions of life, is robbed of some of the most necessary means of existence; and all this solely because they belong to a particular race which the nation has liberated. The thirteenth amendment alone obliterated the race line, so far as all rights fundamental in a state of freedom are concerned.
[...]
Said Mr. Justice Coleridge, in Rex v. Ivens, 7 Car. & P. 213, (32 E. C. L. 495:)
'An indictment lies against an innkeeper who refuses to receive a guest, he having at the time room in his house; and either the price of the guest's entertainment being tendered to him, or such circumstances occurring as will dispense with that tender. This law is founded in good sense. The innkeeper is not to select his guests. He has no right to say to one, you shall come to my inn, and to another you shall not, as every one coming and conducting himself in a proper manner has a right to be received; and for this purpose innkeepers are a sort of public servants, they having in return a kind of privilege of entertaining travelers and supplying them with that they want.
These authorities are sufficient to show a keeper of an inn is in the exercise of a quasi public employment. The law gives him special privileges, and he is charged with certain duties and responsibilities to the public. The public nature of his employment forbids him from discriminating against any person asking admission as a guest on account of the race or color of that person.
[...]
I also submit whether it can be said—in view of the doctrines of this court as announced in Munn v. Illinois, U.S. 123, and reaffirmed in Peik v. Chicago & N. W. Ry. Co. 94 U.S. 178 — that the management of places of public amusement is a purely private matter, with which government has no rightful concern. In the Munn Case the question was whether the state of Illinois could fix, by law, the maximum of charges for the storage of grain in certain warehouses in that state—the private property of individual citizens. After quoting a remark attributed to Lord Chief Justice HALE, to the effect that when private property is 'affected with a public interest it ceases to be juris privati only,' the court says:
'Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use, but, so long as he maintains the use, he must submit to the control.'
The doctrines of Munn v. Illinois have never been modified by this court, and I am justified, upon the authority of that case, in saying that places of public amusement, conducted under the authority of the law, are clothed with a public interest, because used in a manner to make them of public consequence and to affect the community at large. The law may therefore regulate, to some extent, the mode in which they shall be conducted, and consequently the public have rights in respect of such places which may be vindicated by the law. It is consequently not a matter purely of private concern.
[...]
The colored citizens of other states, within the jurisdiction of that state, could claim, under the constitution, every privilege and immunity which that state secures to her white citizens. Otherwise, it would be in the power of any state, by discriminating class legislation against its own citizens of a particular race or color, to withhold from citizens of other states, belonging to that proscribed race, when within her limits, privileges and immunities of the character regarded by all courts as fundamental in citizenship; and that, too, when the constitutional guaranty is that the citizens of each state shall be entitled to 'all privileges and immunities of citizens of the several states.' No state may, by discrimination against a portion of its own citizens of a particular race, in respect of privileges and immunities fundamental in citizenship, impair the constitutional right of citizens of other states, of whatever race, to enjoy in that state all such privileges and immunities as are there accorded to her most favored citizens. A colored citizen of Ohio or Indiana, being in the jurisdiction of Tennessee, is entitled to enjoy any privilege or immunity, fundamental in citizenship, which is given to citizens of the white race in the latter state. It is not to be supposed that any one will controvert this proposition.
But what was secured to colored citizens of the United States as between them and their respective states—by the grant to them of state citizenship? With what rights, privileges, or immunities did this grant from the nation invest them? There is one, if there be no others—exemption from race discrimination in respect of any civil right belonging to citizens of the white race in the same state. That, surely, is their constitutional privilege when within the jurisdiction of other states. And such must be their constitutional right, in their own state, unless the recent amendments be 'splendid baubles,' thrown out to delude those who deserved fair and generous treatment at the hands of the nation. Citizenship in this country necessarily imports equality of civil rights among citizens of every race in the same state. It is fundamental in American citizenship that, in respect of such rights, there shall be no discrimination by the state, or its officers, or by individuals, or corporations exercising public functions or authority, against any citizen because of his race or previous condition of servitude. In U.S. v. Cruikshank, 92 U. S. 555, it was said that 'the equality of rights of citizens is a principle of republicanism.' And in Ex parte Virginia, 100 U. S. 344, the emphatic language of this court is that 'one great purpose of these amendments was to raise the colored race from that condition of inferiority and servitude in which most of them had previously stood, into perfect equality of civil rights with all other persons within the jurisdiction of the states.' So, in Strauder v. West Virginia, Id. 306, the court, alluding to the fourteenth amendment, said: 'This is one of a series of constitutional provisions having a common purpose, namely, securing to a race recently emancipated, a race that through many generations had been held in slavery, all the civil rights that the superior race enjoy.' Again, in Neal v. Delaware, 103 U. S. 386, it was ruled that this amendment was designed, primarily, 'to secure to the colored race, thereby invested with the rights, privileges, and responsibilities of citizenship, the enjoyment of all the civil rights that, under the law, are enjoyed by white persons.'
[...]
This court has always given a broad and liberal construction to the constitution, so as to enable congress, by legislation, to enforce rights secured by that instrument. The legislation congress may enact, in execution of its power to enforce the provisions of this amendment, is that which is appropriate to protect the right granted. Under given circumstances, that which the court characterizes as corrective legislation might be sufficient. Under other circumstances primary direct legislation may be required. But it is for congress, not the judiciary, to say which is best adapted to the end to be attained. In U.S. v. Fisher, 2 Cranch, 358, this court said that 'congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the constitution.' 'The sound construction of the constitution,' said Chief Justice MARSHALL, 'must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate,—let it be within the scope of the constitution,—and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the constitution, are constitutional.' McCulloch v. Maryland, 4 Wheat. 423.
Must these rules of construction be now abandoned? Are the powers of the national legislature to be restrained in proportion as the rights and privileges, derived from the nation, are more valuable? Are constitutional provisions, enacted to secure the dearest rights of freemen and citizens, to be subjected to that rule of construction, applicable to private instruments, which requires that the words to be interpreted must be taken most strongly against those who employ them? Or shall it be remembered that 'a constitution of government, founded by the people for themselves and their posterity, and for objects of the most momentous nature,—for perpetual union, for the establishment of justice, for the general welfare, and for a perpetuation of the blessings of liberty,—necessarily requires that every interpretation of its powers should have a constant reference to these objects? No interpretation of the words in which those powers are granted can be a sound one which narrows down their ordinary import so as to defeat those objects.' 1 Story, Const. § 422.
[...]
In every material sense applicable to the practical enforcement of the fourteenth amendment, railroad corporations, keepers of inns, and managers of places of public amusement are agents of the state, because amenable, in respect of their public duties and functions, to public regulation. It seems to me that, within the principle settled in Ex parte Virginia, a denial by these instrumentalities of the state to the citizen, because of his race, of that equality of civil rights secured to him by law, is a denial by the state within the meaning of the fourteenth amendment. If it be not, then that race is left, in respect of the civil rights under discussion, practically at the mercy of corporations and individuals wielding power under public authority....
[...]
What I affirm is that no state, nor the officers of any state, nor any corporation or individual wielding power under state authority for the public benefit or the public convenience, can, consistently either with the freedom established by the fundamental law, or with that equality of civil rights which now belongs to every citizen, discriminate against freemen or citizens, in their civil rights, because of their race, or because they once labored under disabilities imposed upon them as a race. The rights which congress, by the act of 1875, endeavored to secure and protect are legal, not social, rights. The right, for instance, of a colored citizen to use the accommodations of a public highway upon the same terms as are permitted to white citizens is no more a social right than his right, under the law, to use the public streets of a city, or a town, or a turnpike road, or a public market, or a post-office, or his right to sit in a public building with others, of whatever race, for the purpose of hearing the political questions of the day discussed. Scarcely a day passes without our seeing in this court-room citizens of the white and black races sitting side by side watching the progress of our business. It would never occur to any one that the presence of a colored citizen in a court-house or court-room was an invasion of the social rights of white persons who may frequent such places. And yet such a suggestion would be quite as sound in law—I say it with all respect—as is the suggestion that the claim of a colored citizen to use, upon the same terms as is permitted to white citizens, the accommodations of public highways, or public inns, or places of public amusement, established under the license of the law, is an invasion of the social rights of the white race.
[...]
The one underlying purpose of congressional legislation has been to enable the black race to take the rank of mere citizens. The difficulty has been to compel a recognition of their legal right to take that rank, and to secure the enjoyment of privileges belonging, under the law, to them as a component part of the people for whose welfare and happiness government is ordained. At every step in this direction the nation has been confronted with class tyranny, which a contemporary English historian says is, of all tyrannies, the most intolerable, 'for it is ubiquitous in its operation, and weighs, perhaps, most heavily on those whose obscurity or distance would withdraw them from the notice of a single despot.' To-day it is the colored race which is denied, by corporations and individuals wielding public authority, rights fundamental in their freedom and citizenship. At some future time it may be some other race that will fall under the ban. If the constitutional amendments be enforced, according to the intent with which, as I conceive, they were adopted, there cannot be, in this republic, any class of human beings in practical subjection to another class, with power in the latter to dole out to the former just such privileges as they may choose to grant. The supreme law of the land has decreed that no authority shall be exercised in this country upon the basis of discrimination, in respect of civil rights, against freemen and citizens because of their race, color, or previous condition of servitude. To that decree—for the due enforcement of which, by appropriate legislation, congress has been invested with express power—every one must bow, whatever may have been, or whatever now are, his individual views as to the wisdom or policy, either of the recent changes in the fundamental law, or of the legislation which has been enacted to give them effect.
For the reasons stated I feel constrained to withhold my assent to the opinion of the court.
Significance[edit]
The decision met with public protest across the country, and led to regular "indignation meetings" held in numerous cities.[7] The Supreme Court decision severely restricted the power of the federal government to guarantee equal status under the law to blacks. State officials in the South took advantage of the eclipsed role of Congress in the prohibition of racial discrimination and proceeded to embody individual practices of racial segregation into laws that legalized the treatment of blacks as second-class citizens for another seventy years. The court's decision thus ultimately led to the enactment of state laws, such as Jim Crow Laws, which codified what had previously been individual adherence to the practice of racial segregation.[1] Several northern and western states however did not follow suit and began instead enacting their own bans on discrimination in public places.[8]
Harlan correctly predicted the decision's long-term consequences: it put an end to the attempts by Radical Republicans to ensure the civil rights of blacks and ushered in the widespread segregation of blacks in housing, employment and public life that confined them to second-class citizenship throughout much of the United States until the passage of civil rights legislation in the 1960s in the wake of the Civil Rights Movement.
Furthermore,
[i]n the wake of the Supreme Court ruling, the federal government adopted as policy that allegations of continuing slavery were matters whose prosecution should be left to local authorities only – a de facto acceptance that white southerners could do as they wished with the black people in their midst.[9]
The decision that the Reconstruction-era Civil Rights Acts were unconstitutional has not been overturned; on the contrary, the Supreme Court reaffirmed this limited reading of the Fourteenth Amendment in United States v. Morrison, 529 U.S. 598 (2000), in which it held that Congress did not have the authority to enact parts of the Violence Against Women Act.
The Court has, however, upheld more recent civil rights laws based on other powers of Congress. Title II of the Civil Rights Act of 1964 generally revived the ban on discrimination in public accommodations that was in the Civil Rights Act of 1875, but under the Commerce Clause of Article I instead of the 14th Amendment; the Court held it[ambiguous] to be constitutional in Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964).
See also[edit]
US labor law
List of United States Supreme Court cases, volume 109
United States v. Cruikshank
Plessy v. Ferguson
Constantine v Imperial Hotels Ltd [1944] KB 693
Notes[edit]
^ Jump up to: a b c "Civil Rights Cases". The Free Online Law Dictionary. Farlex. Retrieved 23 October 2013.
Jump up ^ Civil Rights Cases, 109 U.S. 3 (1883).
Jump up ^ United States v. Stanley, United States v. Ryan, United States v. Nichols, United States v. Singleton, and Robinson v. Memphis & Charleston Railroad, 109 U.S. 3 (1883).
Jump up ^ "all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude".
Jump up ^ Olcott v. Supervisors, 83 U.S. (16 Wall.) 678, 694 (1872).
Jump up ^ John E. H. Sherry (1993) The Laws of Innkeepers, Cornell University Press ISBN 0801425085
Jump up ^ Alexander Tsesis, The Thirteenth Amendment and American Freedom: A Legal History; New York University Press, 2004; p. 74; ISBN 0814782760
Jump up ^ "13th Amendment legal definition". Free Online Law Dictionary. Free Online Law Dictionary. Retrieved 23 October 2013.
Jump up ^ Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II, Douglas A. Blackmon, Anchor Books 2009, p. 93.
References[edit]
Tushnet, Mark (2008). I dissent: Great Opposing Opinions in Landmark Supreme Court Cases. Boston: Beacon Press. pp. 45–68. ISBN 978-0-8070-0036-6.
External links[edit]
Texts on Wikisource:
Civil Rights Cases
"Civil Rights Cases". Encyclopedia Americana. 1920.
Text of Civil Rights Cases, 109 U.S. 3 (1883) is available from: Justia OpenJurist WorldLII
"Supreme Court Landmark Case The Civil Rights Cases" from C-SPAN's Landmark Cases: Historic Supreme Court Decisions
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t
e
United States Fourteenth Amendment case law
[show]
Citizenship Clause
Slaughter-House Cases (1873)
Elk v. Wilkins (1884)
United States v. Wong Kim Ark (1898)
Perez v. Brownell (1958)
Afroyim v. Rusk (1967)
Rogers v. Bellei (1971)
Saenz v. Roe (1999)
[show]
Due Process Clause
Economic substantive
due process
Mugler v. Kansas (1887)
Allgeyer v. Louisiana (1897)
Lochner v. New York (1905)
Coppage v. Kansas (1915)
Adams v. Tanner (1917)
Adkins v. Children's Hospital (1923)
Right to privacy
Meyer v. Nebraska (1923)
Pierce v. Society of Sisters (1925)
Griswold v. Connecticut (1965)
Doe v. Bolton (1973)
Roe v. Wade (1973)
Bowers v. Hardwick (1986)
Webster v. Reproductive Health Services (1989)
Planned Parenthood v. Casey (1992)
Lawrence v. Texas (2003)
Whole Woman's Health v. Hellerstedt (2016)
Right to abortion
United States v. Vuitch (1971)
Doe v. Bolton (1973)
Roe v. Wade (1973)
H. L. v. Matheson (1981)
City of Akron v. Akron Center for Reproductive Health (1983)
Webster v. Reproductive Health Services (1989)
Hodgson v. Minnesota (1990)
Planned Parenthood v. Casey (1992)
Stenberg v. Carhart (2000)
Ayotte v. Planned Parenthood of New England (2006)
Gonzales v. Carhart (2007)
Whole Woman's Health v. Hellerstedt (2016)
Civil rights liability
under Section 1983
Monroe v. Pape (1961)
McNeese v. Board of Educ. (1963)
Pierson v. Ray (1967)
Jenkins v. McKeithen (1969)
Scheuer v. Rhodes (1974)
Wood v. Strickland (1975)
O'Connor v. Donaldson (1975)
Paul v. Davis (1976)
Imbler v. Pachtman (1976)
Monell v. Department of Social Services of the City of New York (1978)
Procunier v. Navarette (1978)
Owen v. City of Independence (1980)
Harlow v. Fitzgerald (1982)
Felder v. Casey (1988)
Will v. Michigan Department of State Police (1989)
Gonzaga University v. Doe (2002)
Inyo County v. Paiute-Shoshone Indians of the Bishop Community (2003)
City of Rancho Palos Verdes v. Abrams (2005)
Fitzgerald v. Barnstable School Committee (2009)
Ashcroft v. Iqbal (2009)
Los Angeles County v. Humphries (2010)
Connick v. Thompson (2011)
Other
Holden v. Hardy (1898)
Muller v. Oregon (1908)
Buck v. Bell (1927)
Powell v. Alabama (1932)
West Coast Hotel v. Parrish (1937)
NAACP v. Alabama (1958)
Griswold v. Connecticut (1965)
Loving v. Virginia (1967)
Epperson v. Arkansas (1968)
In re Winship (1971)
Edwards v. Aguillard (1987)
Troxel v. Granville (2000)
Caperton v. A.T. Massey Coal Co. (2009)
Obergefell v. Hodges (2015)
[show]
Equal Protection Clause
United States v. Cruikshank (1876)
Pace v. Alabama (1883)
Civil Rights Cases (1883)
Yick Wo v. Hopkins (1886)
Plessy v. Ferguson (1896)
Buchanan v. Warley (1917)
Lum v. Rice (1927)
Skinner v. Oklahoma (1942)
Perez v. Sharp (1948)
Goesaert v. Cleary (1948)
Shelley v. Kraemer (1948)
Sipuel v. Board of Regents of Univ. of Okla. (1948)
Sweatt v. Painter (1950)
McLaurin v. Oklahoma State Regents (1950)
Brown v. Board of Education of Topeka (1954)
Hernandez v. Texas (1954)
Griffin v. County School Board of Prince Edward County (1964)
Katzenbach v. Morgan (1966)
Loving v. Virginia (1967)
Swann v. Charlotte-Mecklenburg Board of Education (1971)
Guey Heung Lee v. Johnson (1971)
Reed v. Reed (1971)
Frontiero v. Richardson (1973)
Craig v. Boren (1976)
Milliken v. Bradley (1974)
Plyler v. Doe (1982)
Romer v. Evans (1996)
Grutter v. Bollinger (2003)
Parents Involved in Community Schools v. Seattle School District No. 1 (2007)
Obergefell v. Hodges (2015)
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