dksuddeth: maybe you're less of a strict constructionist than I thought. I fail to see how the 14th Amendment does anything to prevent a private employer from discriminating based on race. Nor do I see it taking a stance on separate but equal social policies, such as separate water fountains. It's easy to make an argument that separating races in education violates equal protection, but I can't see any such argument for two different water fountains which provide equal quality water. The Civil Rights Act, however, outlawed such practices.
__________________
Le temps détruit tout
"Musicians are the carriers and communicators of spirit in the most immediate sense." - Kurt Elling
|