legislation that was embodied in the 1866 Civil Rights Act." (99)
Although Jones's approval of the 1866 Civil Rights Act was
(49.) Nor is there any indication in the 1866 Civil Rights Act
and Fourteenth Amendment debates that other senators (incorrectly) understood Trumbull as making consensualist arguments.
In a second writing assignment, ask them to incorporate their initial analysis of the 1866 Civil Rights Act
with insights gained from their research.
Whatever else its enactors may have intended, scholars agree that the Fourteenth Amendment was intended to constitutionalize the rights in the 1866 Civil Rights Act. (86)
When Senator Lyman Trumbull, the draftsman and Senate sponsor of the 1866 Civil Rights Act, was asked by a fellow Senator to explain his interpretation of the term "civil rights", Trumbull replied, "The first section of the bill defines what I understand to be civil rights[.]" (87) Trumbull then summarized the rights denoted in the bill's first section--the right to contract, the right to sue and give evidence in court, the rights of property, and the right to personal security.
Congress, in reenacting the 1866 Civil Rights Act
Though helpful to his ultimate viewpoint, Moore's treatment of citizenship omits any account of Attorney General Bates's 1862 opinion defining citizenship in a way that denied the legitimacy of Dred Scott or the citizenship clause of the 1866 Civil Rights Act
McCrary, a 1976 decision that had revitalized the 1866 Civil Rights Act
prohibiting discrimination in private contracts.
The 1866 Civil Rights Act
differs significantly from the Fair Housing Act of 1968 in several ways.
In 1968, the Court ruled 7 to 2 that a section of the 1866 Civil Rights Act
barred private discrimination in housing.
McCrary, which ruled that the 1866 Civil Rights Act
forbade racial discrimination in the private sector.