Constitutional Law

Jones v. Alfred H. Mayer Co. — Study Notes

Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)

Study notes for Jones v. Alfred H. Mayer Co.: professor notes, cold call prep, exam angles, and memory aids.

42 U.S.C. § 1982 prohibits all racial discrimination in the sale or rental of property.
Professor Notes

In Jones v. Alfred H. Mayer Co., the Supreme Court addressed the critical issue of racial discrimination in property sales, emphasizing the importance of the Civil Rights Act of 1866, specifically 42 U.S.C. § 1982. The Court underscored that the right to purchase property is fundamental and that preventing individuals from acquiring property based solely on race is a violation of that right. This decision reinforced not only the prohibition of discriminatory practices but also highlighted the federal government's role in protecting civil rights against private discrimination. Professors may stress the implications of this case on subsequent civil rights legislation and the broader impact of its ruling on housing discrimination issues.

Cold Call Prep
  1. 1What did the Court find regarding the applicability of 42 U.S.C. § 1982?
  2. 2Explain the significance of the term 'private discrimination' in this case.
  3. 3How does this case relate to the broader civil rights movement?
  4. 4What arguments did the Alfred H. Mayer Co. present?
  5. 5Discuss the constitutional basis used by the Court to support its ruling.
  6. 6What was the dissenting opinion, if any?
  7. 7How does this case impact modern interpretations of housing discrimination laws?
Mnemonic Device

RAP - Rights Are Protected (to remember that 42 U.S.C. § 1982 protects property rights from racial discrimination).

Distinguish From
CaseDistinction
Shelley v. KraemerShelley involved state action in enforcing racially restrictive covenants, while Jones deals with private discrimination in property sales.
Heart of Atlanta Motel v. United StatesHeart of Atlanta involved public accommodations under the Commerce Clause, whereas Jones focuses on private property transactions and the explicit prohibition of racial discrimination.
McDonnell Douglas Corp. v. GreenMcDonnell Douglas deals with employment discrimination standards, while Jones addresses property discrimination through federal statute.
Policy Arguments

For the Rule

Prohibiting racial discrimination in property sales fosters equality and inclusivity, supporting the notion that all individuals should have equal access to housing.

Against the Rule

Critics argue that such regulations could infringe upon property rights and a seller's freedom to choose their buyers, potentially undermining free market principles.

Class Discussion Points
  • The historical context of 42 U.S.C. § 1982 and its relevance to contemporary housing laws.
  • The tension between private property rights and anti-discrimination laws.
  • The impact of the ruling on future civil rights legislation and litigation.
  • Exploration of how state and federal governments address discrimination in housing today.
  • The role of the judicial system in enforcing civil rights protections against private actors.
Exam Angle

Students should be prepared to analyze the constitutional implications of this case and its application of federal statutes against private discrimination, particularly within the context of property rights and civil liberties.

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