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Railway Mail Assn. v. Corsi, 326 U.S. 88 (1945)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Railway Mail Assn. v. Corsi, 326 U.S. 88 (1945)
MR. JUSTICE FRANKFURTER, concurring.
The Railway Mail Association is a union of railway clerks. To operate as a union in New York, it must obey the New York Civil Rights Law. That law prohibits such an organization from denying membership in the union by reason of race, color, or creed, with all the economic consequences that such denial entails.
Apart from other objections, which are too unsubstantial to require consideration, it is urged that the Due Process Clause of the Fourteenth Amendment precludes the New York from prohibiting racial and religious discrimination against those seeking employment. Elaborately to argue against this contention is to dignify a claim devoid of constitutional substance. Of course, a State may leave abstention from such discriminations to the conscience of individuals. On the other hand, a State may choose to put its authority behind one of the cherished aims of American feeling by forbidding indulgence in racial or religious prejudice to another’s hurt. To use the Fourteenth Amendment as a sword against such State power would stultify that Amendment. Certainly the insistence by individuals on their private prejudices as to race, color, or creed, in relations like those now before us, ought not to have a higher constitutional sanction than the determination of a State to extend the area of nondiscrimination beyond that which the Constitution itself exacts.
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Chicago: Frankfurter, "Frankfurter, J., Concurring," Railway Mail Assn. v. Corsi, 326 U.S. 88 (1945) in 326 U.S. 88 326 U.S. 98. Original Sources, accessed March 15, 2025, http://www.originalsources.com/Document.aspx?DocID=5M99GF8Q651PF6F.
MLA: Frankfurter. "Frankfurter, J., Concurring." Railway Mail Assn. v. Corsi, 326 U.S. 88 (1945), in 326 U.S. 88, page 326 U.S. 98. Original Sources. 15 Mar. 2025. http://www.originalsources.com/Document.aspx?DocID=5M99GF8Q651PF6F.
Harvard: Frankfurter, 'Frankfurter, J., Concurring' in Railway Mail Assn. v. Corsi, 326 U.S. 88 (1945). cited in 1945, 326 U.S. 88, pp.326 U.S. 98. Original Sources, retrieved 15 March 2025, from http://www.originalsources.com/Document.aspx?DocID=5M99GF8Q651PF6F.
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