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105-542: District of Columbia The Civil Rights Act of 1964 ( Pub. L. 88–352 , 78 Stat. 241 , enacted July 2, 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
210-412: A filibuster to prevent its passage. Russell proclaimed, "We will resist to the bitter end any measure or any movement which would tend to bring about social equality and intermingling and amalgamation of the races in our [Southern] states." Strong opposition to the bill also came from Senator Strom Thurmond , who was still a Democrat at the time: "This so-called Civil Rights Proposals [ sic ], which
315-673: A slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates the Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or
420-591: A 52–38 vote. The vote on the amendment did not split purely along partisan or ideological lines; it was opposed by conservative William Knowland (R-CA) and supported by liberal Frank Church (D-ID). Majority Leader Johnson, who was intent on passing a fully weakened act in contrast to overseeing a legislative graveyard at the hands of a Southern filibuster, moved to effectively weaken the voting rights-related provisions in Title IV. Alleged violators of civil rights injunctions are normally entitled to jury trials, with
525-823: A 72-day filibuster, it passed the United States Senate on June 19, 1964. The final vote was 290–130 in the House of Representatives and 73–27 in the Senate. After the House agreed to a subsequent Senate amendment, the Civil Rights Act of 1964 was signed into law by President Johnson at the White House on July 2, 1964. In the 1883 landmark Civil Rights Cases , the United States Supreme Court had ruled that Congress did not have
630-416: A Democrat and staunch segregationist from Virginia , indicated his intention to keep the bill bottled up indefinitely. The assassination of United States President John F. Kennedy on November 22, 1963, changed the political situation. Kennedy's successor as president, Lyndon B. Johnson , made use of his experience in legislative politics, along with the bully pulpit he wielded as president, in support of
735-668: A Republican colleague. Anderson approached George Aiken (R-VT), who agreed to co-sponsor the amendment. A crucial cause of the weakening of support for Title III was a speech given by the unofficial leader of the Southern Caucus the Georgian Democrat, Richard Russell , who pointed out that Title III was not a new law but an amendment of Section 1985 of Title 42 of the United States Code . It seems that this had not been understood previously by either
840-602: A coalition of 70 liberal and labor organizations. The principal lobbyists for the Leadership Conference were civil rights lawyer Joseph L. Rauh Jr. and Clarence Mitchell Jr. of the NAACP. After the March on Washington for Jobs and Freedom , on August 28, 1963, the organizers visited Kennedy to discuss the civil rights bill. Roy Wilkins , A. Philip Randolph , and Walter Reuther attempted to persuade him to support
945-522: A compromise bill to be considered. On June 19, the president sent his bill to Congress as it was originally written, saying legislative action was "imperative". The president's bill went first to the House of Representatives , where it was referred to the Judiciary Committee , chaired by New York Democrat Emanuel Celler . After a series of hearings on the bill, Celler's committee strengthened
1050-466: A distinct division to command. Previously, civil rights lawyers had enforced Reconstruction-era civil rights laws from within the Department's Criminal Division . Part I, consisting of sections 101-106, establishes a six-member Civil Rights Commission in the executive branch to gather information on citizens' deprivation of voting rights based on color, race, religion, or national origin; in addition
1155-433: A filibuster on a civil rights bill, and only once in the 37 years since 1927 had it agreed to cloture for any measure. The most dramatic moment during the cloture vote came when Senator Clair Engle (D-CA) was wheeled into the chamber. Suffering from terminal brain cancer , unable to speak, he pointed to his left eye, signifying his affirmative " Aye " vote when his name was called. He died seven weeks later. On June 19,
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#17327729738151260-468: A final report within two years, after which it would be disbanded. Part II, Section 111 establishes one additional Assistant Attorney General to be appointed by the president and confirmed by the senate. Part III, Section 121 amends title 28, section 1343 of the United States Code to include language about civil rights. Section 122 repeals Section 1989 of 42 U.S.C. 1993. Part IV, Section 131 banned intimidating, coercing or otherwise interfering with
1365-724: A limited impact on African American voter participation, the Civil Rights Act of 1957 did establish the United States Commission on Civil Rights and the United States Department of Justice Civil Rights Division . Congress would later pass far more effective civil rights laws in the form of the Civil Rights Act of 1960 , the Civil Rights Act of 1964 , the Voting Rights Act of 1965 , and the Civil Rights Act of 1968 . Following
1470-537: A long-term change in the demographics of the support for each. President Kennedy realized that supporting this bill would risk losing the South's overwhelming support of the Democratic Party. Both Attorney General Robert F. Kennedy and Vice President Johnson had pushed for the introduction of the civil rights legislation. Johnson told Kennedy aide Ted Sorensen that "I know the risks are great and we might lose
1575-551: A new bill in his televised Civil Rights Address of June 11, 1963, asking for legislation "giving all Americans the right to be served in facilities which are open to the public—hotels, restaurants, theaters, retail stores, and similar establishments" as well as "greater protection for the right to vote". Kennedy delivered the speech after a series of civil rights protests like the Birmingham campaign , which concluded in May 1963. In
1680-514: A person is found to be in contempt of the committee. Section 152 established federal qualifications for exclusion from a jury, those being: conviction of a crime with in State or Federal court with incarceration over 1 year; inability to read, write, speak, or understand the English language; or incapable through mental or physical disability. Section 161 establishes that the legislation may be cited as
1785-694: A provision establishing a Fair Employment Practices Commission that would ban discriminatory practices by all federal agencies, unions, and private companies. Kennedy called the congressional leaders to the White House in late October 1963 to line up the necessary votes in the House for passage. The bill was reported out of the Judiciary Committee in November 1963 and referred to the Rules Committee , whose chairman, Howard W. Smith ,
1890-494: A stronghold of the Republican Party by the 1990s. Although majorities in both parties voted for the bill, there were notable exceptions. Though he opposed forced segregation, Republican 1964 presidential candidate, Senator Barry Goldwater of Arizona, voted against the bill, remarking, "You can't legislate morality." Goldwater had supported previous attempts to pass civil rights legislation in 1957 and 1960 as well as
1995-464: A substitute bill that they hoped would overcome it by combining a sufficient number of Republicans as well as core liberal Democrats. The compromise bill was weaker than the House version as to the government's power in regulating the conduct of private business, but not weak enough to make the House reconsider it. Senator Robert Byrd ended his filibuster in opposition to the bill on the morning of June 10, 1964, after 14 hours and 13 minutes. Up to then,
2100-494: A supportive memorandum at the behest of the National Federation of Business and Professional Women . Griffiths also argued that the laws "protecting" women from unpleasant jobs were actually designed to enable men to monopolize those jobs, and that that was unfair to women who were not allowed to try out for those jobs. The amendment passed with the votes of Republicans and Southern Democrats. The final law passed with
2205-637: A violation [of the Constitution], because it would be handling the matter on the basis of race and we would be transporting children because of race." Javits said any government official who sought to use the bill for busing purposes "would be making a fool of himself," but two years later the Department of Health, Education and Welfare said that Southern school districts would be required to meet mathematical ratios of students by busing. The bill divided both major American political parties and engendered
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#17327729738152310-421: A vital role in the bill's passage in the Senate, realized that the bill and its journey through Congress could tear apart his party, as southern Democrats vehemently opposed civil rights, and its northern members were strongly in favor of them. Southern Democratic senators occupied chairs of numerous important committees because of their long seniority . As, in the near-century between the end of Reconstruction and
2415-446: A worry not just for moderate previous supporters of the bill such as Bourke Hickenlooper (R-IA) - who after Russell's speech referred to Title III as a "violation of the civil rights of the white race." - but also strong supporters such as Douglas. Later President Eisenhower in answer to a direct question on Russell's charges distanced himself from the "exact language" of Title III. President Eisenhower did not express enthusiasm for
2520-500: Is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by
2625-580: Is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If
2730-410: Is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act
2835-614: The 24th Amendment outlawing the poll tax . He stated that the reason for his opposition to the 1964 bill was Title II, which in his opinion violated individual liberty and states' rights . Democrats and Republicans from the Southern states opposed the bill and led an unsuccessful 60 working day filibuster, including Senators Albert Gore, Sr. (D-TN) and J. William Fulbright (D-AR), as well as Senator Robert Byrd (D-WV), who personally filibustered for 14 hours straight. There were white business owners who claimed that Congress did not have
2940-424: The Civil Rights Act of 1875 . The bill was passed by the 85th United States Congress and signed into law by President Dwight D. Eisenhower on September 9, 1957. The Supreme Court 's 1954 ruling in the case of Brown v. Board of Education brought the issue of school desegregation to the fore of public attention, as Southern Democratic leaders began a campaign of " massive resistance " against desegregation. In
3045-567: The Kennedy assassination , President Lyndon Johnson helped secure passage of the Civil Rights Act of 1964 , which made racial discrimination and segregation illegal, as well as the Voting Rights Act of 1965 and 24th amendment , which abolished poll taxes and other means of keeping blacks and the poor from registering to vote or from voting, established record-keeping and oversight, and provided for federal enforcement in areas with documented patterns of discrimination or low voter turnout. Although
3150-737: The March on Washington Movement , just before the U.S. entered World War II, President Franklin Roosevelt issued Executive Order 8802 , the first federal anti-discrimination order, and established the Fair Employment Practices Committee . Roosevelt's successor, President Harry Truman , appointed the President's Committee on Civil Rights , proposed the 20th century's first comprehensive Civil Rights Act, and issued Executive Order 9980 and Executive Order 9981 , providing for fair employment and desegregation throughout
3255-433: The O'Mahoney jury trial amendment , significantly watering down its immediate impact. During the debate over the law, Senator Strom Thurmond conducted the longest one-person filibuster in Senate history . Under the direction of Senate Majority Leader Lyndon B. Johnson of Texas, the Senate passed a watered-down, yet also passable, version of the House bill which removed stringent voting protection clauses. Despite having
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3360-780: The "Civil Rights Act of 1957". The act established both the Commission on Civil Rights and the office of Assistant Attorney General for Civil Rights. Subsequently, on December 9, 1957, the Civil Rights Division was established within the Justice Department by order of US Attorney General William P. Rogers , giving the Assistant Attorney General for Civil Rights a distinct division to command. Previously, civil rights lawyers had enforced Reconstruction-era civil rights laws from within
3465-535: The 11 states that had made up the Confederate States of America in the American Civil War . "Northern" refers to members from the other 39 states, regardless of their geographic location including Southern states like Kentucky. House of Representatives: Senate: House of Representatives: Note that four Representatives voted Present while 13 did not vote. Senate: One year earlier,
3570-616: The 1930s, during the New Deal , the majority of the Supreme Court justices gradually shifted their legal theory to allow for greater government regulation of the private sector under the Commerce Clause, thus paving the way for the federal government to enact civil rights laws prohibiting both public and private sector discrimination on the basis of the commerce clause. Influenced in part by the " Black Cabinet " advisors and
3675-494: The 1960s and the start of the 1970s in the aftermath of the Green v. County School Board of New Kent County (1968) court decision. In June 2020, the U.S. Supreme Court ruled in three cases ( Bostock v. Clayton County , Altitude Express, Inc. v. Zarda , and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission ) that Title VII of the Civil Rights Act, which barred employers from discriminating on
3780-608: The 1960s, white Southerners voted solidly as a bloc for the Democrats, Southern Democrats in Congress rarely lost their seats in elections, ensuring that they had more seniority than Democratic members of Congress from other parts of the country. Johnson sent the bill to the Senate Judiciary Committee , led by Democratic Senator James Eastland of Mississippi , who drastically altered the bill. Democratic Senator Richard Russell Jr. , of Georgia had denounced
3885-600: The 1964 bill in his Report to the American People on Civil Rights on June 11, 1963. He sought legislation "giving all Americans the right to be served in facilities which are open to the public—hotels, restaurants, theaters, retail stores, and similar establishments"—as well as "greater protection for the right to vote". In late July, Walter Reuther , president of the United Auto Workers , warned that if Congress failed to pass Kennedy's civil rights bill,
3990-507: The Act with or without juries. Not being able to vote in most of the South, blacks were then excluded from state juries there. Federal jury selection had been tied to state jury selection rules, thus in some instances excluding both blacks and women as federal jurors. Section 161 freed federal courts from state jury rules and specified qualifications for jurors in federal courts. "Any citizen" 21 years or older, literate in English, who had resided in
4095-479: The Act's passage seemed to indicate a growing federal commitment to the cause of civil rights, its effect was limited. Alterations to the bill made the Act difficult to enforce; by 1960, black voting had increased by only 3%. Its passage showed varying degrees of willingness to support civil rights. The Act restricted itself to protecting participation in federal elections. Martin Luther King Jr. , then 28,
4200-578: The Civil Rights Act of 1957 did establish the United States Commission on Civil Rights and the United States Department of Justice Civil Rights Division . By 1960, black voting had increased by only 3%, and Congress passed the Civil Rights Act of 1960 , which eliminated certain loopholes left by the 1957 Act. In winning the 1960 United States presidential election , Kennedy took 70% of the African American vote. But due to his somewhat narrow victory and Democrats' narrow majorities in Congress, he
4305-568: The Civil Rights Act of 1964 was a breach of the Fourteenth Amendment and also violated the Fifth and Thirteenth Amendments by depriving him of "liberty and property without due process". In Heart of Atlanta Motel v. United States (1964), the Supreme Court held that Congress drew its authority from the Constitution's Commerce Clause, rejecting Rolleston's claims. Resistance to the public accommodation clause continued for years on
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4410-511: The Constitution or U.S. law. In essence, this was the controversial "Title III" that had been removed from the 1957 Act and 1960 Act . Civil rights organizations pressed hard for this provision because it could be used to protect peaceful protesters and black voters from police brutality and suppression of free speech rights. Lobbying support for the Civil Rights Act was coordinated by the Leadership Conference on Civil Rights ,
4515-534: The Department's Criminal Division . The Civil Rights Act of 1960 addressed some of the shortcomings of the 1957 Act by expanding the authority of federal judges to protect voting rights and by requiring local authorities to maintain comprehensive voting records so that the government could determine if there were patterns of discrimination against certain populations. The Civil Rights Movement continued to expand, with protesters leading nonviolent demonstrations for their cause. President John F. Kennedy called for
4620-461: The House of Representatives. The bill passed 285–126 in the House of Representatives with a majority of both parties' support (Republicans 167–19, Democrats 118–107). It then passed 72–18 in the Senate, again with a majority of both parties (Republicans 43–0, Democrats 29–18). Despite large opposition from Southern Democrats, the Democratic U.S. Senators from Tennessee and Texas would support
4725-597: The Justice Department power to initiate desegregation or job discrimination lawsuits. On June 11, 1963, President Kennedy met with Republican leaders to discuss the legislation before his television address to the nation that evening. Two days later, Senate Minority Leader Everett Dirksen and Senate Majority Leader Mike Mansfield both voiced support for the president's bill, except for provisions guaranteeing equal access to places of public accommodations. This led to several Republican Representatives drafting
4830-574: The President has sent to Capitol Hill for enactment into law, are unconstitutional, unnecessary, unwise and extend beyond the realm of reason. This is the worst civil-rights package ever presented to the Congress and is reminiscent of the Reconstruction proposals and actions of the radical Republican Congress." After the filibuster had gone on for 54 days, Senators Mansfield, Hubert Humphrey , Everett Dirksen , and Thomas Kuchel introduced
4935-590: The Senate took a great interest in the Bill. Conservative Republican Senators who were sympathetic to Southern arguments on States rights were more likely to vote on a party basis. On the other hand the Republicans were willing to quietly allow Democratic Southern obstruction if this meant that African-American and liberal voters would be more likely to see the culprits as Democrats. A bipartisan group of Senators realized that Southerners would not allow passage of
5040-659: The South in important votes on Civil Rights in return for Southern support for public involvement in the building of the Hells Canyon Dam . There was also support from some unions, particularly the Railroad brotherhoods and the United Mine Workers of America who agreed that this would also stop injunctions in union cases. Their support was seen as a major reason why Senators in mining states such as West Virginia and mid western Republican senators where
5145-584: The South or address economic retaliation, police repression, or physical violence against nonwhite voters. While the Act did require that voting rules and procedures be applied equally to all races, it did not abolish the concept of voter "qualification". It accepted the idea that citizens do not have an automatic right to vote but would have to meet standards beyond citizenship. The Voting Rights Act of 1965 directly addressed and eliminated most voting qualifications beyond citizenship. Act of Congress#Public law, private law, designation An act of Congress
5250-531: The South to settle civil rights issues since the Reconstruction Era . There had been continued physical assaults against suspected activists and bombings of schools and churches in the South. Partly in an effort to defuse calls for more far-reaching reforms, President Eisenhower proposed a civil rights bill that would increase the protection of African American voting rights. By 1957, only about 20% of black people were registered to vote. Despite being
5355-465: The South, but those sorts of states may be lost anyway." Senator Richard Russell, Jr. later warned President Johnson that his strong support for the civil rights bill "will not only cost you the South, it will cost you the election". Johnson, however, went on to win the 1964 election by one of the biggest landslides in American history. The South, which had five states swing Republican in 1964, became
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#17327729738155460-546: The Supreme Court ruling in Brown , which eventually led to the integration of public schools, Southern whites began a campaign of " Massive Resistance ". Violence against black people rose; in Little Rock, Arkansas where President Dwight D. Eisenhower ordered U.S. paratroopers of the 101st Airborne Division to protect nine black teenagers integrating into a public school , the first time federal troops were deployed in
5565-400: The United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Civil Rights Act of 1957 District of Columbia The Civil Rights Act of 1957 was the first federal civil rights legislation passed by the United States Congress since
5670-479: The act with Title III, which authorized the US Attorney General to seek preventive relief in civil rights cases. Majority Leader Johnson convinced Senator Clinton Anderson (D-NM) to introduce an amendment to strip out the enforcement provisions of Title III. Anderson's initial hesitancy to be associated with the anti-civil rights bloc was met with Johnson's urging to introduce the amendment along with
5775-503: The act, adding provisions to ban racial discrimination in employment, providing greater protection to black voters, eliminating segregation in all publicly owned facilities (not just schools), and strengthening the anti-segregation clauses regarding public facilities such as lunch counters. They also added authorization for the Attorney General to file lawsuits to protect individuals against the deprivation of any rights secured by
5880-533: The administration of literacy and comprehension tests and poll taxes . While the states had the right to establish rules for voter registration and elections, the federal government found an oversight role in ensuring that citizens could exercise the constitutional right to vote for federal officers: electors for president and vice president and members of the US Congress. The Democratic Senate majority leader , Lyndon B. Johnson of Texas , who would play
5985-559: The amendment. Along with Representative Martha Griffiths , he was the amendment's chief spokesperson. For 20 years, Smith had sponsored the Equal Rights Amendment (with no linkage to racial issues) in the House because he believed in it. For decades he had been close to the National Woman's Party and its leader Alice Paul , who had been a leading figure in winning the right to vote for women in 1920, co-authored
6090-584: The basis of sex, precluded employers from discriminating on the basis of sexual orientation or gender identity . Afterward, USA Today stated that in addition to LGBTQ employment discrimination, "[t]he court's ruling is likely to have a sweeping impact on federal civil rights laws barring sex discrimination in education, health care, housing and financial credit." Title I barred unequal application of voter registration requirements. This title did not eliminate literacy tests , which acted as one barrier for black voters, other racial minorities, and poor whites in
6195-437: The bill because he opposed civil rights for Black people and women or attempted to support their rights by broadening the bill to include women. Smith expected that Republicans, who had included equal rights for women in their party's platform since 1944, would probably vote for the amendment. Historians speculate that Smith was trying to embarrass northern Democrats who opposed civil rights for women because labor unions opposed
6300-427: The bill as an example of the federal government seeking to impose its laws on states. Johnson sought recognition from civil rights advocates for passing the bill as well as recognition from the anti-civil rights Democrats for weakening the bill so much as to make it toothless. As well as a general if vague support for civil rights as the party of Lincoln , Republicans saw that this could be an effective way to increase
6405-419: The bill would have been referred to the Senate Judiciary Committee , which was chaired by James O. Eastland , a Democrat from Mississippi , whose firm opposition made it seem impossible that the bill would reach the Senate floor. Senate Majority Leader Mike Mansfield took a novel approach to prevent the Judiciary Committee from keeping the bill in limbo: initially waiving a second reading immediately after
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#17327729738156510-416: The bill's opponents' most damaging arguments was that once passed, the bill would require forced busing to achieve certain racial quotas in schools. The bill's proponents, such as Emanuel Celler and Jacob Javits , said it would not authorize such measures. Leading sponsor Hubert Humphrey wrote two amendments specifically designed to outlaw busing. Humphrey said, "if the bill were to compel it, it would be
6615-473: The bill. In his first address to a joint session of Congress on November 27, 1963, Johnson told the legislators, "No memorial oration or eulogy could more eloquently honor President Kennedy's memory than the earliest possible passage of the civil rights bill for which he fought so long." Judiciary Committee chairman Celler filed a petition to discharge the bill from the Rules Committee; it required
6720-512: The cause of weakening the Civil Rights Act of 1957 was attributed to their traditional populist disdain for the perceived disproportionate power wielded by judges to quell labor causes in the Western United States, thus contributing to a resonance with the expansion of jury trial rights, although Lyndon Johnson's biographer Robert Caro also claims that Johnson had facilitated a bargain that Western liberal Democrats would vote with
6825-495: The clause. Representative Carl Elliott of Alabama later said, "Smith didn't give a damn about women's rights", as "he was trying to knock off votes either then or down the line because there was always a hard core of men who didn't favor women's rights", and according to the Congressional Record , laughter greeted Smith when he introduced the amendment. Smith asserted that he was not joking and sincerely supported
6930-641: The compromise bill passed the Senate by a vote of 73–27, quickly passed through the conference committee , which adopted the Senate version of the bill, then was passed by both houses of Congress and signed into law by Johnson on July 2, 1964. Totals are in Yea – Nay format: Original House version: Cloture in the Senate: Senate version: Senate version, voted on by the House: Note that "Southern", as used here, only refers to members of Congress from
7035-485: The constitutional authority to ban segregation in public accommodations. For example, Moreton Rolleston, the owner of a motel in Atlanta, Georgia, said he should not be forced to serve black travelers, saying, "the fundamental question [...] is whether or not Congress has the power to take away the liberty of an individual to run his business as he sees fit in the selection and choice of his customers". Rolleston claimed that
7140-517: The country would face another civil war. Emulating the Civil Rights Act of 1875 , Kennedy's civil rights bill included provisions to ban discrimination in public accommodations and enable the U.S. Attorney General to join lawsuits against state governments that operated segregated school systems, among other provisions. But it did not include a number of provisions civil rights leaders deemed essential, including protection against police brutality, ending discrimination in private employment, and granting
7245-497: The exception of civil contempt actions. A jury trial amendment that included the guarantee of jury trials in civil contempt actions would, in the South, result in perpetrators of voter suppression being acquitted by an all-white jury, thus ensuring no resulted accomplishment to enfranchise blacks. The jury trial amendment was not introduced by a Southern Democrat, instead being spearheaded by Wyoming senator Joseph C. O'Mahoney . The motivation for Western liberal Democrats to spearhead
7350-560: The federal government and the armed forces. The Civil Rights Act of 1957 , signed by President Dwight D. Eisenhower on September 9, 1957, was the first federal civil rights legislation since the Civil Rights Act of 1875 to become law. After the Supreme Court ruled school segregation unconstitutional in 1954 in Brown v. Board of Education , Southern Democrats began a campaign of " massive resistance " against desegregation, and even
7455-455: The few moderate white leaders shifted to openly racist positions. Partly in an effort to defuse calls for more far-reaching reforms, Eisenhower proposed a civil rights bill that would increase the protection of African American voting rights. Despite having a limited impact on African-American voter participation, at a time when black voter registration from 0% (in 11 counties) to less than 5% (in 97 counties) despite being majority-Black counties,
7560-590: The filibuster by allowing the Senate to adjourn, cots were brought in from a nearby hotel for the legislators to sleep on while Thurmond discussed increasingly irrelevant and obscure topics. Other members of the Southern caucus , who had agreed as part of a compromise not to filibuster this bill, were upset with Thurmond. They believed his defiance made them look incompetent to their constituents. Other constituents were upset with their senators because they were seen as not helping Thurmond. Thurmond pointed out that there
7665-420: The first Equal Rights Amendment, and had been a chief supporter of equal rights proposals since then. She and other feminists had worked with Smith since 1945 to find a way to include sex as a protected civil rights category, and felt now was the moment. Griffiths argued that the new law would protect black women but not white women, and that that was unfair to white women. Black feminist lawyer Pauli Murray wrote
7770-476: The first reading, which would have sent it to the Judiciary Committee, he took the unprecedented step of giving the bill a second reading on February 26, 1964, thereby bypassing the Judiciary Committee, and sending it to the Senate floor for immediate debate. When the bill came before the full Senate for debate on March 30, 1964, the " Southern Bloc " of 18 southern Democratic Senators and lone Republican John Tower of Texas, led by Richard Russell (D-GA), launched
7875-465: The ground, especially in the South. When local college students in Orangeburg, South Carolina, attempted to desegregate a bowling alley in 1968, they were violently attacked, leading to rioting and what became known as the " Orangeburg massacre ." Resistance by school boards continued into the next decade, with the most significant declines in black-white school segregation only occurring at the end of
7980-424: The judicial district for a year, excluding convicts and persons with mental or physical infirmities severe enough to make them unable to serve, was eligible. Since neither race nor sex was listed among the qualifications, the provision allowed both blacks and women to serve on juries in trials in federal courts. Part V consists of sections 151, 152, and 161. Section 151 describes the punitive measures to be taken when
8085-412: The law. President Eisenhower signed the bill on September 9, 1957. The act established both the Commission on Civil Rights and the office of Assistant Attorney General for Civil Rights. Subsequently, on December 9, 1957, the Civil Rights Division was established within the Justice Department by order of US Attorney General William P. Rogers , giving the Assistant Attorney General for Civil Rights
8190-484: The laws under the 14th Amendment , and its duty to protect voting rights under the 15th Amendment . The legislation was proposed by President John F. Kennedy in June 1963, but it was opposed by filibuster in the Senate. After Kennedy was assassinated on November 22, 1963, President Lyndon B. Johnson pushed the bill forward. The United States House of Representatives passed the bill on February 10, 1964, and after
8295-418: The legal background, the laws, and the policies of the federal government relating to voting rights. It delineates the procedures, powers, and responsibilities of the commission. The commission was to take testimony or written complaints from individuals on the difficulties in voting registration and denial of voting rights. Required of the commission were periodic reports to congress and the president, as well as
8400-518: The longest one-person filibuster in history in an attempt to keep the bill from becoming law. His one-man filibuster lasted 24 hours and 18 minutes; he began with readings of every US state 's election laws in alphabetical order. He later read from the Declaration of Independence , the Bill of Rights , and George Washington's Farewell Address . To prevent a quorum call that could have relieved
8505-401: The majority in numerous counties and congressional districts in the South, most black people had been effectively disfranchised by discriminatory voter registration rules and laws in those states since the late 19th and early 20th centuries that were heavily instituted and propagated by Southern Democrats. Civil rights organizations had collected evidence of discriminatory practices, such as
8610-415: The measure had occupied the Senate for 60 working days, including six Saturdays. The day before, Humphrey, the bill's manager, concluded that he had the 67 votes required at that time to end the debate and the filibuster. With six wavering senators providing a four-vote victory margin, the final tally stood at 71 to 29. Never before in its entire history had the Senate been able to muster enough votes to defeat
8715-546: The midst of this campaign, President Eisenhower proposed a civil rights bill designed to provide federal protection for African American voting rights; most African Americans in the Southern United States had been disenfranchised by state and local laws. Though the civil rights bill passed Congress, opponents of the act were able to remove or weaken several provisions via the Anderson–Aiken amendment and
8820-526: The most significant legislative achievements in American history". Initially, powers given to enforce the act were weak, but these were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution , principally its enumerated power to regulate interstate commerce under the Commerce Clause of Article I, Section 8 , its duty to guarantee all citizens equal protection of
8925-465: The number of Black Republican voters as the blocking of the Bill by the Democrats in the Southern Caucus would become obvious. They, like Johnson, also saw the potential for dividing the Democratic party's Northern and Southern wings. This meant that the (on this issue) liberal but hardball Republican operators like the Vice President , Richard Nixon , who had a constitutional right to chair
9030-465: The opponents or the supporters of the Civil Rights Act, including Douglas or Brownell . In his speech Russell drew out the implications of this, including the invocation of Section 1993 of Title 42 of the United States Code , a Reconstruction era law which wasn't mentioned in the bill and which authorized the President to enforce judicial decisions - which would include Brown v Board . This specter of military involvement in domestic politics became
9135-461: The people of the South the moral nature of the problem". Eisenhower responded, "I don't know what another speech would do about the thing right now." Disappointed, King sent another telegram to Eisenhower stating that the president's comments were "a profound disappointment to the millions of Americans of goodwill, north and south, who earnestly are looking to you for leadership and guidance in this period of inevitable social change". He tried to set up
9240-483: The power to prohibit discrimination in the private sector, thus stripping the Civil Rights Act of 1875 of much of its ability to protect civil rights. In the late 19th and early 20th century, the legal justification for voiding the Civil Rights Act of 1875 was part of a larger trend by members of the United States Supreme Court to invalidate most government regulations of the private sector, except when dealing with laws designed to protect traditional public morality. In
9345-445: The president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming the law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as
9450-416: The president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to the general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to
9555-490: The provisions in Title III. In a press conference, he referred to it as going "too far too fast in laws", and instead placed an emphasis on the voting rights provisions in Title IV. This diminished the already-waning support for the title among Republicans, many of whom opposed its expansion of federal power on conservative grounds in spite of their sympathy towards civil rights causes. The Anderson–Aiken amendment passed by
9660-451: The railroads were strong became less hostile to the amendment. On August 2, 1957, the Senate passed the jury trial amendment with majority support from Democratic members, both Northern and Southern. Following the vote, many Republicans were visible in their bitterness, having failed in an opportunity to spearhead the cause of civil rights against a deceitful, partisan Democratic effort. According to Johnson biographer Robert A. Caro : In
9765-419: The rights of persons to vote for electors for president and members of Congress. The United States attorney general was allowed to institute actions, including injunctions and charges of contempt of court , with fines not to exceed $ 1,000 and six months imprisonment. Extensive safeguards for the rights of accused were provided by the statute. United States federal judges were allowed to hear cases related to
9870-565: The same Congress had passed the Equal Pay Act of 1963 , which prohibited wage differentials based on sex. The prohibition on sex discrimination was added to the Civil Rights Act by Howard W. Smith , a powerful Virginia Democrat who chaired the House Rules Committee and strongly opposed the legislation. Smith's amendment was passed by a teller vote of 168 to 133. Historians debate whether Smith cynically attempted to defeat
9975-408: The sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of the 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in
10080-593: The summer of 1963, parts of the civil rights movement collaborated on voter education and voter registration drives in Mississippi. During the 1964 Freedom Summer , hundreds of students from the North and West participated in voter drives and community organizing . Media coverage, especially of the violent backlash over the murders of Chaney, Goodman, and Schwerner near Philadelphia, Mississippi , contributed to national support for civil rights legislation. After
10185-457: The support of a majority of House members to move the bill to the floor. Initially, Celler had a difficult time acquiring the signatures necessary, with many Representatives who supported the civil rights bill itself remaining cautious about violating normal House procedure with the rare use of a discharge petition. By the time of the 1963 winter recess, 50 signatures were still needed. After the return of Congress from its winter recess, however, it
10290-488: The term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name) is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress"
10395-531: The votes of Republicans and Northern Democrats. Thus, as Justice William Rehnquist wrote in Meritor Savings Bank v. Vinson , "The prohibition against discrimination based on sex was added to Title VII at the last minute on the floor of the House of Representatives [...] the bill quickly passed as amended, and we are left with little legislative history to guide us in interpreting the Act's prohibition against discrimination based on 'sex. ' " One of
10500-622: The wake of the vote, emotions spilled over. Richard Nixon could not contain his frustration and rage. When, as he was leaving the Chamber, reporters asked his reaction, the Vice President said, "This is one of the saddest days in the history of the Senate. It was a vote against the right to vote." Clarence Mitchell went to [William Knowland]'s office to discuss what to do now, and could hardly believe what he saw there. "That big, strong, brusque Knowland actually broke down and cried," Mitchell
10605-477: Was a developing leader in the Civil Rights Movement and spoke out against white supremacists . Segregationists had burned black churches, which were centers of education and organizing for voter registration, and physically attacked black activists, including women. King sent a telegram to Eisenhower to make a speech to the South and asked him to use "the weight of your great office to point out to
10710-400: Was already a federal statute that prosecuted citizens who denied or intimidated voters at voting booths under a fine and/or imprisonment but that the bill then under consideration could legally deny trial by jury to those that continued to do so. Democratic Representative Charles A. Boyle of Illinois , a member of the powerful Appropriations Subcommittee of Defense, pushed the bill through
10815-503: Was apparent that public opinion in the North favored the bill and that the petition would acquire the necessary signatures. To avert the humiliation of a successful discharge petition, Chairman Smith relented and allowed the bill to pass through the Rules Committee. Johnson, who wanted the bill passed as soon as possible, ensured that it would be quickly considered by the Senate . Normally,
10920-494: Was to recall. Several conservative Republican senators who voted for the Anderson–Aiken amendment on small-government grounds opposed the jury trial amendment for its intent of weakening civil rights efforts. Idaho senator Henry Dworshak decried that it "practically scuttled any hope of getting an effective civil rights bill." Then-Democratic Senator Strom Thurmond of South Carolina , an ardent segregationist , sustained
11025-476: Was wary to push hard for civil rights legislation for fear of losing southern support. Moreover, according to the Miller Center , he wanted to wait until his second term to send Congress a civil rights bill. But with elevated racial tensions and a wave of African-American protests in the spring of 1963, such as the Birmingham campaign , Kennedy realized he had to act on civil rights. Kennedy first proposed
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