hind the fact that this specific act did not
recite therein that it was enacted in pursuance of the power of
Congress to regulate commerce. Justice Harlan, therefore, inquired:
"Has it ever been held that the judiciary should overturn a statute,
because the legislative department did not accurately recite therein
the particular provision of the constitution authorizing its
enactment?" On the whole, the contrary is the rule. It is sufficient
to know that there is authority in the Constitution.

In this decision, too, there was the influence of the much paraded
bugbear of social equality forced upon the whites. To use the inns,
hotels, and parks, established by authority of the government and the
places of amusement authorized as the necessary stimulus to progress,
to buy a railroad ticket at the same window, ride in the same
comfortable car on a limited train rather than incur the loss of time
and suffer the inconvenience of inferior accommodations on a slow
local train; to sleep and eat in a Pullman car so as to be refreshed
for business on arriving at the end of a long journey, all of this was
and is today dubbed by the reactionary courts social equality. Justice
Harlan exposed this fallacy in saying: "The right, for instance, of a
colored citizen to use the accommodations of a public highway, upon
the same terms as are permitted to white citizens, is no more a social
right than his right, under the law, to use the public streets of a
city or a town, or a turnpike road, or a public market, or a post
office, or his right to sit in a public building with others, of
whatever race, for the purpose of hearing the political questions of
the day discussed."

What did the Negro become when he was freed? What was he when,
according to section 2 of Article IV of the Constitution, he became by
virtue of the Fourteenth Amendment entitled to all privileges and
immunities of citizens in the several States?[24] From what did the
race become free? If Justice Bradley had been inconveniently
segregated by common carriers, driven out of inns and hotels with the
sanction of local law, and deprived by a mob of the opportunity to
make a living, would he have considered himself a free citizen of this
or any other country? "A colored citizen of Ohio or Indiana while in
the jurisdiction of Tennessee," contended Justice Harlan, "is entitled
to enjoy any privilege or immunity, fundamental in citizenship, which
is given to citizens of the white