Civil Rights Act

Civil Rights Act may refer to several civil right acts in the United States. These acts of the United States Congress are meant to protect rights to ensure individuals' freedom from infringement by governments, social organizations, and private individuals.

The first wave of civil rights acts were passed during the Reconstruction era after the American Civil War. The Civil Rights Act of 1866 extends the rights of emancipated slaves by stating that any person born in the United States regardless of race is an American citizen. The Enforcement Acts of 1870–1871 allows the President to protect Black American men’s right to vote, to hold office, to serve on juries, and for Black men and women to receive equal protection of laws, including protection from racist violence. The Civil Rights Act of 1875 prohibited discrimination in "public accommodations" until it was found unconstitutional in 1883 by the Supreme Court of the United States. The Jim Crow Laws were established during the 19th century and served to block African American votes, ban integration in public facilities such as schools, and forbid interracial marriage in the South. The enactment of these laws was able to vastly undermine the progress toward equality which was made during the Reconstruction era.

Civil Rights Acts would not be passed for 82 more years until the success of the Civil rights movement which aimed to abolish legalized racial segregation, discrimination, and disenfranchisement in the country, which was most commonly employed against African Americans. The Civil Rights Act of 1957 established the Civil Rights Commission and the Civil Rights Act of 1960 established federal inspection of local voter registration polls. The landmark Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin by federal and state governments as well as public places. The Civil Rights Act of 1968 prohibits discrimination in sale, rental, and financing of housing based on race, creed, and national origin. The Civil Rights Restoration Act of 1987 specifies that recipients of federal funds must comply with civil rights laws in all areas, not just in the particular program or activity that received federal funding. The Civil Rights Act of 1990 was a bill that would have made it easier for plaintiffs to win civil rights cases which was vetoed by President George H. W. Bush. The Americans with Disabilities Act of 1990 prohibits discrimination based on disability. The Civil Rights Act of 1991 provides the right to trial by jury on discrimination claims and introducing the possibility of emotional distress damages, while limiting the amount that a jury could award.

The first shift towards equality for African Americans occurred when President Abraham Lincoln passed the Emancipation Proclamation in 1863, which declared that "all persons held as slaves... shall be then, thenceforward, and forever free...". As initially ratified, the United States Constitution granted each state complete discretion to determine voter qualifications for its residents.

In American history, the Reconstruction era was the period from 1865-1877 following the end of the American Civil War. This period was marked by various attempts made to redress the inequities imposed on African Americans through slavery. Three Reconstruction Amendments were ratified and limited this discretion. The Thirteenth Amendment (1865) prohibits slavery "except as a punishment for crime"; the Fourteenth Amendment (1868) grants citizenship to anyone "born or naturalized in the United States" and guarantees every person due process and equal protection rights; and the Fifteenth Amendment (1870) provides that "[t]he 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." These amendments were established to provide African Americans the same civil rights as white Americans, and also empower Congress to enforce their provisions through "appropriate legislation". This time period marked the beginnings of the Civil Rights Movement.

To enforce the Reconstruction Amendments, Congress passed the Enforcement Acts in the 1870s. The acts criminalized the obstruction of a citizen's voting rights and provided for federal supervision of the electoral process, including voter registration. By 1873, Supreme Court decisions began to limit the scope of Reconstruction legislation, and many whites resorted to intimidation and violence to undermine African Americans' voting rights. In 1875 the Supreme Court struck down parts of the legislation as unconstitutional in United States v. Cruikshank and United States v. Reese.

The Compromise of 1877, an informal agreement to resolve a political dispute, marked the end of the Reconstruction era. After the Reconstruction Era ended in 1877, enforcement of these civil rights laws ceased, and in 1894, Congress repealed most of their provisions. Southern Democrats largely stopped adhering to the provisions of Reconstruction legislation, ceasing to intervene in Southern voting practices, which prompted widespread disenfranchisement of African American voters during and after Reconstruction. From 1868 to 1888, electoral fraud and violence throughout the South suppressed the African-American vote. From 1888 to 1908, Southern states legalized disenfranchisement by enacting Jim Crow laws; they amended their constitutions and passed legislation to impose various voting restrictions, including literacy tests, poll taxes, property-ownership requirements, moral character tests, requirements that voter registration applicants interpret particular documents, and grandfather clauses that allowed otherwise-ineligible persons to vote if their grandfathers voted (which excluded many African Americans whose grandfathers had been slaves or otherwise ineligible). During this period, the Supreme Court generally upheld efforts to discriminate against racial minorities. In Giles v. Harris (1903), the court held that regardless of the Fifteenth Amendment, the judiciary did not have the remedial power to force states to register racial minorities to vote.

The Civil Rights Act of 1866 (14 Stat. 27–30, enacted April 9, 1866, reenacted 1870) 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.