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In 1883, though, the Supreme Court rejected this congressional interpretation of its powers to enforce the Thirteenth Amendment. The Court agreed that Section 2 authorized Congress to “to pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States,” but it did not agree that exclusions from housing markets could be a “badge or incident” of slavery. In consequence, these Civil Rights Act protections were ignored for the next century.
The Color of Law: A Forgotten History of How Our Government Segregated America
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