<P> All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other . </P> <P> This section of the United States Code (42 U.S.C. § 1981), is § 1 of the Civil Rights Act of 1866 as revised and amended by subsequent Acts of Congress . </P> <P> Senator Lyman Trumbull was the Senate sponsor of the Civil Rights Act of 1866, and he argued that Congress had power to enact it in order to eliminate a discriminatory "badge of servitude" prohibited by the Thirteenth Amendment . Representative John Bingham, principal author of the first section of the Fourteenth Amendment, was one of several Republicans who believed (prior to that Amendment) that Congress lacked power to pass the 1866 Act . In the 20th century, the U.S. Supreme Court ultimately adopted Trumbull's Thirteenth Amendment rationale for congressional power to ban racial discrimination by states and by private parties, in view of the fact that the Thirteenth Amendment does not require a state actor . </P> <P> To the extent that the Civil Rights Act of 1866 may have been intended to go beyond preventing discrimination, by conferring particular rights on all citizens, the constitutional power of Congress to do that was more questionable . For example, Representative William Lawrence argued that Congress had power to enact the statute because of the Privileges and Immunities Clause in Article IV of the original unamended Constitution, even though courts had suggested otherwise . </P>

Why was the civil rights act of 1866 made into an amendment to the constitution
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