Simone Lawson
The Civil Rights Act of 1964 is a landmark piece of legislation in the United States that prohibits discrimination based on race, colour, religion, sex, and national origin. It also outlaws unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The Act was signed into law by President Lyndon Johnson on July 2, 1964, and it is considered one of the most significant legislative achievements in American history. This act is not a constitutional amendment, but it is enforced under several parts of the United States Constitution, including the 14th Amendment, which grants equal protection of the laws to all citizens, and the 15th Amendment, which protects voting rights.
| Characteristics | Values |
|---|---|
| Year of Enactment | 1964 |
| Date of Enactment | July 2 |
| Type of Law | Civil rights and labor law |
| Prohibited Discrimination Based On | Race, color, religion, sex, and national origin |
| Prohibited | Unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination |
| Powers Given to Enforce the Act | Weak initially, but supplemented during later years |
| Congress Authority to Legislate | Under several different parts of the United States Constitution |
| Congress Enumerated Power | To regulate interstate commerce under the Commerce Clause of Article I, Section 8 |
| Duty | To guarantee all citizens equal protection of the laws under the 14th Amendment, and to protect voting rights under the 15th Amendment |
| Landmark Case | Heart of Atlanta Motel v. United States |
| Year of Landmark Case | 1964 |
| Landmark Case Outcome | Established the law's constitutionality |
| Year of 14th Amendment | 1868 |
| 14th Amendment Rights | Extended liberties and rights granted by the Bill of Rights to formerly enslaved people |
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What You'll Learn
The Civil Rights Act of 1964
The Act was not easily passed. In the Senate, 18 Southern Democratic Senators and one Republican, led by Richard Russell, launched a filibuster to prevent its passage. Russell proclaimed that they would "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." The Act was also opposed by Senator Strom Thurmond, who was still a Democrat at the time.
Despite this opposition, the Act was passed with the support of Senator Hubert Humphrey of Minnesota and President Lyndon Johnson. The Act remains one of the most significant legislative achievements in American history. Initially, the powers given to enforce the Act were weak, but these were supplemented during later years.
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The 14th Amendment
A key provision of the 14th Amendment was the granting of citizenship to "All persons born or naturalized in the United States," which ensured that formerly enslaved individuals were recognised as citizens. This amendment also included the statement that "nor shall any state deprive any person of life, liberty, or property, without due process of law," guaranteeing equal protection of the laws for all citizens.
While the 14th Amendment was a significant step forward, it did not succeed in extending the Bill of Rights to the states. This shortcoming resulted in a determined effort by citizens, through petitions, court cases, and legislative actions, to safeguard the rights of all citizens. Their endeavours laid the groundwork for future changes in the 20th century, even if they did not achieve immediate empowerment of the 14th Amendment during Reconstruction.
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The Supreme Court
The Civil Rights Act of 1964 is a landmark piece of legislation in the United States, outlawing discrimination based on race, colour, religion, sex, and national origin. It also prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination.
In 1974, the Supreme Court ruled in Lau v. Nichols that the San Francisco school district was violating the rights of non-English speaking students under the 1964 Act by not providing accommodations for them. This ruling expanded the interpretation of the Act to include language as a factor in ensuring equal protection under the law.
Additionally, the Supreme Court has a history of interpreting the 14th Amendment, which is relevant to the Civil Rights Act of 1964. The 14th Amendment, passed in 1868, extended the liberties and rights granted by the Bill of Rights to formerly enslaved people and guaranteed equal protection under the law. The Supreme Court's interpretation of the 14th Amendment has evolved over time, with early cases like the Civil Rights Cases in 1883 and Plessy v. Ferguson in 1896, shaping the understanding of states' rights and racial segregation.
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Public vs private sector
The Civil Rights Act of 1964 is a landmark piece of legislation in the United States, prohibiting discrimination based on race, colour, religion, sex, and national origin. The Act applies to both public and private sectors, with the power to regulate interstate commerce under the Commerce Clause of Article I, Section 8 of the US Constitution.
The public sector includes all government agencies and publicly-owned entities, such as public schools, public transportation, and public accommodations. The Civil Rights Act of 1964 had a significant impact on the public sector, prohibiting racial segregation in schools and public accommodations, and making employment discrimination in the public sector illegal. The Act also strengthened the enforcement of voting rights, which was a duty of the federal government under the 15th Amendment.
The private sector, on the other hand, includes all privately-owned businesses and organizations. The Civil Rights Act of 1964 also had a significant impact on the private sector, prohibiting discrimination in private businesses such as hotels, restaurants, and stores. This was a contentious issue, as some business owners claimed that Congress did not have the constitutional authority to ban segregation in their establishments, citing individual liberty and property rights.
However, the Supreme Court rejected these claims, stating that Congress derived its authority from the Constitution's Commerce Clause. This decision set a precedent for federal regulation of private businesses, especially in cases where civil rights were concerned.
The Act also established a Commission on Equal Employment Opportunity, which was tasked with enforcing the Act's provisions in both the public and private sectors. This Commission was given the power to cooperate with and utilize regional, state, local, and other agencies, both public and private, to ensure compliance with the Act.
In conclusion, the Civil Rights Act of 1964 had far-reaching implications for both the public and private sectors in the United States. It prohibited discrimination and segregation in schools, public accommodations, and employment, while also strengthening voting rights and establishing a framework for resolving disputes related to discriminatory practices. The Act continues to be a benchmark for civil rights legislation in the country.
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Voting rights
The Voting Rights Act of 1965 is a landmark federal statute that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson on August 6, 1965, during the height of the civil rights movement. The Act was designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution and sought to secure the right to vote for racial minorities, especially in the South.
The Fifteenth Amendment, ratified in 1870, gave African American men the right to vote. However, many were unable to exercise this right due to discriminatory practices such as literacy tests, poll taxes, and other bureaucratic restrictions. The Voting Rights Act of 1965 was enacted to address these issues and to undo the political hold of Jim Crow laws and other discriminatory structures. It banned literacy tests and similar discriminatory devices, created legal remedies for those affected by voting discrimination, and provided federal oversight of elections in discriminatory jurisdictions.
The Act also placed limits on certain states with a history of voter discrimination, requiring them to obtain federal approval before passing voter restrictions. Section 5 of the Act required covered jurisdictions to obtain "preclearance" from the District Court or the Attorney General for any new voting practices and procedures. Section 2 prohibited the denial or abridgment of the right to vote on account of race or color, closely following the language of the Fifteenth Amendment.
Congress has amended the Voting Rights Act of 1965 several times to expand its protections. For example, Section 203, originally enacted in 1982, requires election officials in certain jurisdictions to provide ballots and voting information in the language of language minority groups. The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote and called for states to maintain more accurate voter registration lists. The Help America Vote Act (HAVA) of 2002 authorized federal funding for elections and established the U.S. Election Assistance Commission (EAC) to help states improve voter education, registration, and ballot standards.
Despite the protections afforded by the Voting Rights Act of 1965 and subsequent amendments, the Supreme Court's 2013 decision in Shelby County v. Holder invalidated the coverage formula used to determine which jurisdictions were subject to preclearance requirements. This decision removed preclearance requirements from all jurisdictions and made it more difficult to combat discrimination in the political system through litigation.
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Frequently asked questions
The Civil Rights Act of 1964 is a landmark civil rights and labour law in the United States that outlaws discrimination based on race, colour, religion, sex, and national origin.
The Act prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. It also authorises the Attorney General to file lawsuits to protect individuals' constitutional rights.
No, the Civil Rights Act of 1964 is not a constitutional amendment. However, it is based on the 14th Amendment, which extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The 14th Amendment was passed by Congress on June 13, 1866, and ratified on July 9, 1868.
