Jones v. Alfred H. Mayer Co.

1. Some may applaud this case as liberating the Constitution to fight private bigotry, in a way that has been challenging for legislation enacted under either the 14th amendment or the commerce clause? But are there any costs to government ability to attack private conduct?

2. Is this case in tension with City of Boerne v. Flores, which develops the congruent and proportional constraint on legislation passed pursuant to the 14th amendment?

3. Is the "solution" to the problem existing in this case to selectively expand the 13th amendment or to relax the notion of state action under other portions of the constitution, most notably the 14th amendment. (Or both)?

Supreme Court of the United States

392 U.S. 409, 20 L. Ed. 2d 1189, 88 S. Ct. 2186, 1968 U.S. LEXIS 2980, SCDB 1967-181

No. 645

1968-06-17

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