Cra 64: Understanding Its Constitutional Roots

what is the constitutional basis for the cra 64

The Civil Rights Act of 1964 (CRA '64) is a landmark piece of legislation in the United States that prohibits discrimination based on race, colour, religion, sex, and national origin. It covers areas such as employment, public accommodations, and voting rights. The Act was signed into law by President Lyndon Johnson on July 2, 1964, and was based on the Constitution's Commerce Clause, which gives Congress the authority to regulate interstate commerce. This Act was a significant step forward in protecting the civil rights of Americans and ensuring equal protection under the law.

Characteristics Values
Prohibits discrimination based on Race, colour, religion, sex, and national origin
Prohibits unequal application of Voter registration requirements
Racial segregation in schools and public accommodations
Employment discrimination
Employment discrimination based on race, colour, religion, sex, and national origin
Discrimination in compensation
Discrimination in federally assisted programs
Discrimination in connection with the selection or referral of applicants or candidates for employment or promotion
Discrimination in testing
Discrimination in training
Discrimination in apprenticeship
Discrimination in all other terms and conditions of employment
Discrimination based on disability or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment
Criminal contempt
Double jeopardy
Non-compliance with provisions of subchapter for more than 60 days

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The Commerce Clause

The CRA '64 is a landmark civil rights and labour law that prohibits discrimination based on race, colour, religion, sex, and national origin. It was signed into law by President Lyndon Johnson on July 2, 1964, and remains one of the most significant legislative achievements in American history. The act prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination.

In the landmark case of Heart of Atlanta Motel v. United States (1964), the Supreme Court upheld the constitutionality of Title II under the Commerce Clause. The Court rejected the claims of Moreton Rolleston, a motel owner in Atlanta, Georgia, who argued that the CRA '64 violated his rights by requiring him to serve Black customers. The Court affirmed that Congress had the authority to legislate under the Commerce Clause, as the Act addressed businesses affecting interstate commerce.

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The Fourteenth Amendment

However, in the years following its passage, the effectiveness of the Fourteenth Amendment in protecting the rights of African Americans was limited by a series of Supreme Court rulings, including the 1883 Civil Rights cases. These rulings established that the Fourteenth Amendment could not be used to address private discrimination in public accommodations.

Despite this initial limitation, the Fourteenth Amendment would later play a crucial role in the civil rights movement of the mid-20th century. In the context of the Civil Rights Act of 1964, Congress asserted its authority to legislate under several parts of the Constitution, including its duty to guarantee all citizens equal protection under the law, as outlined in the Fourteenth Amendment.

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The Fifteenth Amendment

The Civil Rights Act of 1964 (CRA '64) 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.

CRA '64 was signed into law by President Lyndon Johnson on July 2, 1964. It was enacted to enforce the constitutional right to vote and to protect voting rights under the 15th Amendment to the US Constitution. The 15th Amendment states that:

> The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The 15th Amendment was passed by Congress on February 26, 1869, and ratified on February 3, 1870. It was the third and last of the Reconstruction Amendments following the American Civil War, which aimed to abolish slavery and provide legal protections for Black Americans.

The 15th Amendment guarantees the right to vote regardless of race, colour, or previous status as a slave. It prohibits the federal government and individual states from denying or limiting a citizen's right to vote based on these factors. This amendment was a significant step towards racial equality and ensured that African American men could exercise their right to vote, which had been a long-standing goal of the abolitionist movement.

While the 15th Amendment was a crucial step forward, it did not specify methods of voting, and literacy tests and poll taxes were later used to disenfranchise African Americans and prevent them from voting. Despite this, the 15th Amendment remains a foundational component of US democracy, guaranteeing the right to vote regardless of race or colour. CRA '64, with its constitutional basis in the 15th Amendment, further strengthened voting rights by empowering the Attorney General to institute suits to protect constitutional rights in public facilities and public education.

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The Eleventh Amendment

The text of the amendment states: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." This amendment restricts individuals from suing states of which they are not citizens in federal court, establishing the principle of sovereign immunity for states.

While the amendment's text does not explicitly mention suits brought against a state by its own citizens, the Supreme Court has interpreted it as reflecting a broader principle of sovereign immunity. In Hans v. Louisiana (1890), the Court ruled that the amendment implies a narrow form of sovereign immunity, limiting the diversity jurisdiction of federal courts. Subsequently, in Ex parte Young (1908), the Court clarified that federal courts may enjoin state officials from violating federal law, even if the state itself has immunity from suit.

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The right to vote

The Civil Rights Act of 1964 (CRA '64) is a landmark piece of legislation in the United States, outlawing discrimination based on race, colour, religion, sex, and national origin. It also addresses the right to vote, a critical component of the Act's broader mandate to uphold civil rights and liberties.

CRA '64 enforces the constitutional right to vote by conferring jurisdiction on US district courts to provide injunctive relief against discrimination in public accommodations and facilities, including schools. This means that these courts can issue orders to prevent or stop any discriminatory actions or policies that violate the constitutional right to vote.

The Act also authorises the Attorney General to initiate legal action to protect constitutional rights in public facilities and education. This provision ensures that the federal government has the power to intervene in cases where citizens' voting rights are infringed upon or threatened.

Additionally, CRA '64 establishes a Commission on Equal Employment Opportunity to address discrimination in employment practices, including those related to promotion and hiring. This component is significant because it helps ensure that discriminatory employment practices do not indirectly infringe upon citizens' right to vote by, for example, preventing certain individuals or groups from accessing employment opportunities due to their race, colour, religion, sex, or national origin.

The Act's provisions on voting rights are grounded in the Constitution's Commerce Clause, which gives Congress the authority to regulate interstate commerce, as well as the 14th Amendment's guarantee of equal protection under the law, and the 15th Amendment's protection of voting rights.

In conclusion, CRA '64's constitutional basis for protecting the right to vote stems from its interpretation and application of these constitutional clauses and amendments, empowering the federal government to take action against discriminatory practices that infringe upon this fundamental right.

Frequently asked questions

CRA '64 refers to the Civil Rights Act of 1964, which was signed into law by President Lyndon Johnson on July 2, 1964.

The constitutional basis for CRA '64 was Congress's authority to regulate interstate commerce under the Commerce Clause of Article I, Section 8 of the US Constitution. Additionally, it was based on the 14th Amendment's guarantee of equal protection under the law and the 15th Amendment's protection of voting rights.

CRA '64 was a landmark civil rights and labor law that prohibited discrimination based on race, color, religion, sex, and national origin. It also made employment discrimination illegal, prohibited unequal application of voter registration requirements, and ended racial segregation in schools and public accommodations.

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