Civil Rights Act of 1875

Last updated
Civil Rights Act of 1875
Great Seal of the United States (obverse).svg
Long titleAn act to protect all citizens in their civil and legal rights.
Acronyms (colloquial)CRA 1875
NicknamesEnforcement Act, Force Act, and Sumner Civil Rights Bill
Enacted bythe 43rd United States Congress
Citations
Statutes at Large 18  Stat.   335-337
Legislative history
United States Supreme Court cases
Civil Rights Cases , 109 U.S. 3 (1883)

The Civil Rights Act of 1875, sometimes called the Enforcement Act or the Force Act, was a United States federal law enacted during the Reconstruction era in response to civil rights violations against African Americans. The bill was passed by the 43rd United States Congress and signed into law by President Ulysses S. Grant on March 1, 1875. The act was designed to "protect all citizens in their civil and legal rights", providing for equal treatment in public accommodations and public transportation and prohibiting exclusion from jury service. It was originally drafted by Senator Charles Sumner in 1870, but was not passed until shortly after Sumner's death in 1875. The law was not effectively enforced, partly because President Grant had favored different measures to help him suppress election-related violence against blacks and Republicans in the Southern United States.

Contents

The Reconstruction era ended with the resolution of the 1876 presidential election, and the Civil Rights Act of 1875 was the last federal civil rights law enacted until the passage of the Civil Rights Act of 1957. In 1883, the Supreme Court ruled in the Civil Rights Cases that the public accommodation sections of the act were unconstitutional, saying Congress was not afforded control over private persons or corporations under the Equal Protection Clause. Parts of the Civil Rights Act of 1875 were later re-adopted in the Civil Rights Act of 1964 and the Civil Rights Act of 1968, both of which cited the Commerce Clause as the source of Congress's power to regulate private actors.

Legislative history

The drafting of the bill was performed early in 1870 by United States Senator Charles Sumner, a dominant Radical Republican in the Senate, with the assistance of John Mercer Langston, a prominent African American who established the law department at Howard University. [1] The bill was proposed by Senator Sumner and co-sponsored by Representative Benjamin F. Butler, both Republicans from Massachusetts, in the 41st Congress of the United States in 1870. Congress removed the coverage of public schools that Sumner had included. The act was passed by the 43rd Congress in February 1875 as a memorial to honor Sumner, who had just died. [2] It was signed into law by United States President Ulysses S. Grant on March 1, 1875. [3]

Enforcement

President Grant had wanted an entirely different law to help him suppress election-related violence against blacks and Republicans in the South. Congress did not give him that, but instead wrote a law for equal rights to public accommodations that was passed as a memorial to Grant's bitterest enemy, the late Senator Charles Sumner. [4] Grant never commented on the 1875 law, and did nothing to enforce it, says historian John Hope Franklin. [5] Grant's Justice Department ignored it and did not send copies to US attorneys, says Franklin, while many federal judges called it unconstitutional before the Supreme Court shut it down. Franklin concludes regarding Grant and Hayes administrations, "The Civil Rights Act was never effectively enforced." [6] Public opinion was opposed, with the black community in support. [7] Historian Rayford Logan looking at newspaper editorials finds the press was overwhelmingly opposed. [8]

Case law

The Supreme Court, in an 8–1 decision, declared sections of the act unconstitutional in the Civil Rights Cases on October 15, 1883. Justice John Marshall Harlan provided the lone dissent. The Court held the Equal Protection Clause within the Fourteenth Amendment prohibits discrimination by the state and local government, but it does not give the federal government the power to prohibit discrimination by private individuals and organizations. [9] [ page needed ] The Court also held that the Thirteenth Amendment was meant to eliminate "the badge of slavery," but not to prohibit racial discrimination in public accommodations. The Civil Rights Act of 1875 was the last federal civil rights bill signed into law until the Civil Rights Act of 1957, enacted during the Civil Rights Movement.

Legacy

The Civil Rights Act of 1875 is notable as the last major piece of legislation related to Reconstruction that was passed by Congress during the Reconstruction era. These include the Civil Rights Act of 1866, the four Reconstruction Acts of 1867 and 1868, the three Enforcement Acts of 1870 and 1871, and the three Constitutional Amendments adopted between 1865 and 1870. [10]

Provisions contained in the Civil Rights Act of 1875 were later readopted by Congress during the Civil Rights Movement as part of the Civil Rights Act of 1964 and the Civil Rights Act of 1968. The 1964 and 1968 acts relied upon the Commerce Clause contained in Article One of the Constitution of the United States rather than the Equal Protection Clause within the Fourteenth Amendment.

See also

Related Research Articles

<span class="mw-page-title-main">Thirteenth Amendment to the United States Constitution</span> 1865 Reconstruction amendment

The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.

<span class="mw-page-title-main">Fourteenth Amendment to the United States Constitution</span> 1868 amendment addressing citizenship rights and civil and political liberties

The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Loving v. Virginia (1967) regarding interracial marriage, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, Obergefell v. Hodges (2015) regarding same-sex marriage, and Students for Fair Admissions v. Harvard (2023) regarding race-based college admissions. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.

<span class="mw-page-title-main">Fifteenth Amendment to the United States Constitution</span> 1870 amendment prohibiting denial of voting rights on the basis of race

The Fifteenth Amendment to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.

<span class="mw-page-title-main">Reconstruction era</span> Military occupation of southern US states from 1865 to 1877

The Reconstruction era was a period in United States history following the American Civil War, dominated by the legal, social, and political challenges of abolishing slavery and reintegrating the former Confederate States of America into the United States. During this period, three amendments were added to the United States Constitution to grant equal civil rights to the newly freed slaves. Despite this, former Confederate states often used poll taxes, literacy tests, and intimidation to control people of color.

A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "The Congress shall have power to enforce this article by appropriate legislation" is used, with slight variations, in Amendments XIII, XIV, XV, XIX, XXIII, XXIV, and XXVI.

The Civil Rights Cases, 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by private individuals. The holding that the Thirteenth Amendment did not empower the federal government to punish racist acts done by private citizens would be overturned by the Supreme Court in the 1968 case Jones v. Alfred H. Mayer Co. The Fourteenth Amendment not applying to private entities, however, is still valid precedent to this day. Although the Fourteenth Amendment-related decision has never been overturned, in the 1964 case of Heart of Atlanta Motel, Inc. v. United States, the Supreme Court held that Congress could prohibit racial discrimination by private actors under the Commerce Clause, though that and other loose interpretations of the Clause to expand federal power have been subject to criticism.

<span class="mw-page-title-main">Civil Rights Act of 1964</span> Landmark U.S. civil rights and labor law

The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".

The Radical Republicans were a faction within the Republican Party originating from the party's founding in 1854—some six years before the Civil War—until the Compromise of 1877, which effectively ended Reconstruction. They called themselves "Radicals" because of their goal of immediate, complete, and permanent eradication of slavery in the United States. They were opposed during the war by the Moderate Republicans, and by the Democratic Party. Radicals led efforts after the war to establish civil rights for former slaves and fully implement emancipation. After unsuccessful measures in 1866 resulted in violence against former slaves in the rebel states, Radicals pushed the Fourteenth Amendment for statutory protections through Congress. They opposed allowing ex-Confederate officers to retake political power in the Southern U.S., and emphasized equality, civil rights and voting rights for the "freedmen", i.e., former slaves who had been freed during or after the Civil War by the Emancipation Proclamation and the Thirteenth Amendment.

In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess.

United States v. Cruikshank, 92 U.S. 542 (1876), was a landmark decision of the United States Supreme Court ruling that the U.S. Bill of Rights did not limit the power of private actors or state governments despite the adoption of the Fourteenth Amendment. It reversed the federal criminal convictions for the civil rights violations committed in aid of anti-Reconstruction murders. Decided during the Reconstruction Era, the case represented a major defeat for federal efforts to protect the civil rights of African Americans.

<span class="mw-page-title-main">John Marshall Harlan</span> US Supreme Court justice from 1877 to 1911

John Marshall Harlan was an American lawyer and politician who served as an associate justice of the Supreme Court of the United States from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his many dissents in cases that restricted civil liberties, including the Civil Rights Cases, Plessy v. Ferguson, and Giles v. Harris. Many of Harlan's views expressed in his notable dissents would become the official view of the Supreme Court starting from the 1950s Warren Court and onward.

<span class="mw-page-title-main">Civil Rights Act of 1866</span> U.S. law defining citizenship and equal protection

The Civil Rights Act of 1866 was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States.

The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.

The Enforcement Acts were three bills that were passed by the United States Congress between 1870 and 1871. They were criminal codes that protected African Americans’ right to vote, to hold office, to serve on juries, and receive equal protection of laws. Passed under the presidency of Ulysses S. Grant, the laws also allowed the federal government to intervene when states did not act to protect these rights. The acts passed following the ratification of the Fourteenth Amendment to the US Constitution, which gave full citizenship to anyone born in the United States or freed slaves, and the Fifteenth Amendment, which banned racial discrimination in voting.

<span class="mw-page-title-main">Ku Klux Klan Act</span> Act of the United States Congress

The Enforcement Act of 1871, also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress that was intended to combat the paramilitary vigilantism of the Ku Klux Klan. The act made certain acts committed by private persons federal offenses including conspiring to deprive citizens of their rights to hold office, serve on juries, or enjoy the equal protection of law. The Act authorized the President to deploy federal troops to counter the Klan and to suspend the writ of habeas corpus to make arrests without charge.

<span class="mw-page-title-main">Reconstruction Amendments</span> Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution

The Reconstruction Amendments, or the Civil War Amendments, are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870. The amendments were a part of the implementation of the Reconstruction of the American South which occurred after the Civil War.

<span class="mw-page-title-main">Enforcement Act of 1870</span> United States federal law

The Enforcement Act of 1870, also known as the Civil Rights Act of 1870 or First Ku Klux Klan Act, or Force Act, is a United States federal law that empowers the President to enforce the first section of the Fifteenth Amendment throughout the United States. The act was the first of three Enforcement Acts passed by the United States Congress in 1870 and 1871, during the Reconstruction Era, to combat attacks on the voting rights of African Americans from state officials or violent groups like the Ku Klux Klan.

<span class="mw-page-title-main">Waite Court</span> Period of the US Supreme Court from 1874 to 1888

The Waite Court refers to the Supreme Court of the United States from 1874 to 1888, when Morrison Waite served as the seventh Chief Justice of the United States. Waite succeeded Salmon P. Chase as Chief Justice after the latter's death. Waite served as Chief Justice until his death, at which point Melville Fuller was nominated and confirmed as Waite's successor.

Civil rights have been part of the Constitution of the United States of America, but in order to be received equally by all the population required to made amendments to the United States Constitution, this allowed to end of slavery with the Civil Rights Act of 1866, followed by women's suffrage, among other rights,

References

  1. "John Mercer Langston, Representative, 1890–1891, Republican from Virginia, Black Americans in Congress series" . Retrieved November 12, 2012.
  2. Hoffer (2010), p. 121
  3. "Civil Rights Bill of 1875, Legislative Interests, The Fifteenth Amendment in Flesh and Blood, Black Americans in Congress series" . Retrieved May 5, 2009.
  4. Smith (2002), pp. 566-68
  5. Franklin (1974), pp. 225-35
  6. Franklin (1974), p. 235
  7. Gillette (1982), p. 201
  8. Logan (1997), p. 173-175
  9. Gerber and Friedlander (2008)
  10. "Summary of Constitutional Amendments and Major Civil Rights Acts passed by Congress" . Retrieved November 20, 2012.

Bibliography

Further reading

Books

Encyclopedias

Monographs

Dissertations and theses

Journals

Congressional Records

Other