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Updated: June 27, 2025
The legislature then passed the Act of 1873, which avoided the constitutional pitfall by providing that discriminatory rates should be considered as prima facie but not absolute evidence of unjust discrimination.
Unfortunately most of these were in one way or another rendered ineffectual after the war; nevertheless the main impulse that they represented continued to live. In 1769 Virginia declared that the discriminatory tax levied on free Negroes and mulattoes since 1668 was "derogatory to the rights of freeborn subjects" and accordingly should be repealed.
When we consider the wide, almost unlimited range of the legislative function, and the power and tendency of legislatures to push that function to the extreme, it would seem that some check should be put upon the legislature to prevent its enacting discriminatory laws or otherwise depriving the individual of some accustomed and cherished freedom of action.
We initiated a program targeting CETA funds to help displaced homemakers. The Social Security system was amended to eliminate the widow's penalty and a comprehensive study of discriminatory provisions and possible changes was presented to Congress. Legislation was passed to give divorced spouses of foreign service officers rights to share in pension benefits.
The discretion granted to the Executive by the terms "unduly discriminatory" is wide.
It does occasionally take a religious bias in some countries, but the main current of the aggressive movement has now changed. In the principal countries where Anti-Semitism prevails, it does so as a result of the emancipation of the Jews. When civilized nations awoke to the inhumanity of discriminatory legislation and enfranchised us, our enfranchisement came too late.
Only five minutes before she had spoken to him in self-possessed, even tones, saying that her traveling-bag contained camphor, ammonia, and iodine if he needed them. She had seemed a reliable, helpful kind of lady, and now she was dead. It struck Banneker as improbable and, in a queer sense, discriminatory.
By virtue of the clause known as the "Maximum and Minimum" clause, it is the duty of the Executive to consider the laws and practices of other countries with reference to the importation into those countries of the products and merchandise of the United States, and if the Executive finds such laws and practices not to be unduly discriminatory against the United States, the minimum duties provided in the bill are to go into force.
These developments confirm the opinion conveyed to you in my annual message of 1911, that while the maximum and minimum provision of the tariff law of 1909 has been fully justified by the success achieved in removing previously existing undue discriminations against American products, yet experience has shown that this feature of the law should be amended in such way as to provide a fully effective means of meeting the varying degrees of discriminatory treatment of American commerce in foreign countries still encountered, as well as to protect against injurious treatment on the part of foreign Governments, through either legislative or administrative measures, the financial interests abroad of American citizens whose enterprises enlarge the market for American commodities.
Four years later the industry had shrunk one-half; and it has never recovered its early importance. The coastwise merchant trade, on the other hand, has been jealously guarded against competition and otherwise fostered ever since 1789, when the first discriminatory tonnage tax was enforced.
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