William O. Douglas

“ Zoning laws tell the owner of private property to what type of business his property may be devoted, what structures he may erect upon that property, and even whether he may devote his private property to any business purpose whatsoever. ”

“ The difference between judicial enforcement and non-enforcement of the restrictive covenants is the difference to petitioners between being denied rights of property available to other members of the community and being accorded full enjoyment of those rights on an equal footing. ”

“ Thus some of the definitions of "place of public accommodation" in § 201 (b) are in Commerce Clause language and some are not. Indeed § 201 (b) is explicitly bifurcated. An establishment "which serves the public is a place of public accommodation," says § 201 (b) , under either of two conditions: first, "if its operations affect commerce," or second, "if discrimination or segregation by it is supported by State action." ”

“ We admit, as all must admit, that the powers of the government are limited, and that its limits are [p281] not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. ”

“ It consists of a practice which, though not embodied in law, receives notice and sanction to the extent that it is enforced by [p291] the officialdom of the State or locality" (pp. 1964–1965) . The Smith Amendment was rejected by the House (p. 1967) .
It would seem that the action on this Smith substitute and the statement by Congressman Celler mean that a State's enforcement of the custom of segregation in places of public accommodation by the use of its trespass laws is a violation of § 201 (d) (2) .
(4) The House Bill. ”

“ The pledge of this Nation is to secure freedom for every individual; that pledge will be furthered by elimination of such practices." Id., pp. 22–23.
Thus while I agree with the Court that Congress in fashioning the present Act used the Commerce Clause to regulate racial segregation, it also used (and properly so) some of its power under § 5 of the Fourteenth Amendment. ”

“ The purpose of the amendment is simply to relate "this bill to the powers of Congress." Ibid. Congressman Celler, the floor manager of the bill, will not accept the amendment, which introduces an element of uncertainty into the scope of the bill's coverage. At p. 1924 Congressman [p290] Lindsay makes remarks indicating that it is his understanding that the commerce language portions of § 201 rest only on the Commerce Clause, while the Fourteenth Amendment is invoked to support only § 201 (d) . ”

“ It is clear that but for the active intervention of the state courts, supported by the full panoply of state power, petitioners would have been free to occupy the properties in question without restraint. ”