Civil Rights Act of 1957
Civil Rights Act of 1957
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Civil Rights Act of 1957

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Civil Rights Act of 1957

The Civil Rights Act of 1957 was the first federal civil rights law passed by the United States Congress since 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 the midst of this campaign, President Eisenhower proposed the bill 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 bill passed Congress, opponents of the act were able, in the Senate, to remove stringent voting protection clauses via the Anderson–Aiken amendment and 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 at the time. Under the direction of Senate Majority Leader Lyndon B. Johnson of Texas, the Senate passed the watered-down version of the House bill.

Despite having 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 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, 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 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 the bill to increase the protection of African American voting rights.

By 1957, only about 20% of black people were registered to vote. Despite being 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 post-Civil War Reconstruction era that were heavily instituted and propagated by Southern Democrats. Civil rights organizations had collected evidence of discriminatory practices, such as 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 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 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 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 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 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 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 a Republican colleague. Anderson approached George Aiken (R-VT), who agreed to co-sponsor the amendment.

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