Consequences of The Decision
Harlan correctly predicted the consequences of this decision: 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, "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."
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 to be constitutional in Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964).
Read more about this topic: Civil Rights Cases
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