te, is a private wrong. Thus the injured party's rights remain, and the individual must look to laws of the state to vindicate a redress of their grievances. The federal government does have jurisdiction from the 13th Amendment to create laws to protect citizens against involuntary servitude. Any such act whether committed by an individual sanctioned by the State or not falls under the scope of the 13th Amendment and can be legislated; however, denial of admission to an inn, public conveyance, or place of public amusement cannot in any form be construed as servitude thus cannot be legislated by the 13th Amendment.
Justice Harlan's sole dissenting opinion argued to the contrary of the majority opinion stating that social rights could be in fact be construed as of public consequence. He pointed to the case Munn v. Illinois where the court found in a 7-2 decision that where the public has a definite and positive interest in a business, they have a right to regulate the operations of that business. "The law may, therefore, regulate, to some extent, " he reasoned "the mode in which they shall be conducted." He went on to say "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." Congress must have the authority to legislate on rights and privileges granted to its citizens by the Constitution in order to prevent those rights from being tarnished.
Another issue at arms in the decision was the extracting of implied or expressed powers from the Constitution in regards to the federal government. Justice Bradley argued that Congress in passing the Civil Rights Act 1875 overstepped the power granted to it by the US Constitution. Congress can create legislation over a subject if they are accompanied by an express or implied denial of such power to the states. For example, Congress has the sole power to regulate commerce, he said, and in that can regulat...