In the wake of
Rand Paul putting his foot in it, Ace does yeoman's work explaining in exact detail why
the 1964 Civil Rights Act is not unconstitutional.
The Thirteenth, Fourteenth, and Fifteenth Amendments were specifically enacted with the purpose of eradicating slavery and duly -- constitutionally -- empowered Congress to pass legislation in furtherance of this purpose. To say such laws are "unconstitutional" is simply in error -- previous to the lawful and constitutional passage of those amendments, such laws would have indeed have been unconstitutional and an unlawful overreach of granted Congressional power.
After their lawful passage, however, Congress did have that authority.
And the reason that Congress decided that it need that authority was because certain states were violating the rights of their citizens, of failing to do the thing governments are created to do. The Constitution thus comes more fully in line with the principles espoused in the Declaration of Independence.
Peasants in feudal society weren't technically slaves, but they were peons, persons with sharply-curtailed rights and certain obligations (including deference) to their social betters/masters. I think a fair reading of "slavery" includes the idea of "peonage," too. Unless there is some critical constitutional point here to be vindicated, I do not see any defensible purpose in arguing these amendments outlawed slavery but gave full constitutional blessing to regime of enforced peonage.
Precisely. Slavery and peonage are offenses against liberty, that can only be maintained by the use of force. As Governments exist to secure liberties, our government should be willing and able to act against one person's attempt to destroy the liberty of another. Hence, the Civil Rights Act of 1964, a necessary and constitutional redress against 400 years of slavery and peonage.
Would it have been better if it was not necessary? Assuredley. Are there things about the way the Civil Rights Act as been used that I consider wrong, and offenses to liberty? Without doubt. But the law, as intended, has no legal or ethical flaw.