
The following is from a short paper I wrote for my Master's degree at school. I thought the information about the events leading up to the Civil Rights Act of 1964 would be beneficial for helping us all to understand race relations in America.
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The Civil Rights Act of 1964 was promoted to Congress and the public by President John F. Kennedy prior to his assassination. Kennedy made a civil rights speech to the country in 1963 after Governor George Wallace made his famous stand against integration at the University of Alabama. Kennedy “called on Congress to pass legislation dismantling the system of segregation and encouraged lawmakers to make a commitment ‘to the proposition that race has no place in American life or law.’” (Canady, 1998, p. 1) The purpose of the Civil Rights Act was to outlaw racial segregation in schools, public places and employment. To better appreciate the need for such a law, one must examine events in America that led up to the Civil Rights Act.
In 1857, the Supreme Court decided in Dred Scott v. Sanford that a freed slave named Dred Scott was not a U.S. citizen because the U.S. Constitution considered Black people to be property instead of slaves. Scott wanted to be considered a citizen because he had been in Illinois for four years after being transported to the United States as a slave. The Court decided that Blacks were property and not entitled to the same legal status given to Whites (Dorsey, 2008).
In 1863, President Abraham Lincoln issued the Emancipation Proclamation freeing the slaves in the Confederate States as the Civil War was coming to an end. The Thirteenth Amendment to the U.S. Constitution was ratified in 1865 which outlawed slavery nationwide. It was during the Reconstruction era that many believe the controversy surrounding affirmative action began. It was during this time that the Civil Rights Act of 1866 was passed, the Freedmen’s Bureau was created, and the Fourteenth Amendment to the U.S. Constitution was ratified. The Fourteenth Amendment was intended to help transition former slaves to full citizenship by affording citizenship to all persons naturalized or born into the United States (Dorsey, 2008).
There were several Supreme Court cases in the following years that would dramatically impact race perceptions and relations. In 1896, the Court ruled in Plessy v. Ferguson that if a race was inferior to another then the Constitution could not make them equal. Mr. Plessy was a man who was 7/8 White and 1/8 Black. He wanted to ride the railroad car for Whites but the court ruled that his Black blood made him a Colored man and he was not lawfully entitled to the privileges of Whites. In doing so, the Court introduced the separate-but-equal legal doctrine (Dorsey, 2008). In The Negro Educational Review, Dana Thompson Dorsey states, “The United States Supreme Court had an opportunity in Plessy v. Ferguson to deem the practice of race separation an illegal act, especially in light of the recent enactment of the Fourteenth Amendment, but instead the Supreme Court chose to make the doctrine of separate-but-equal the law” (p.14).
In 1927, in the case Gong Lum, et al. v. Rice, et al., the Court ruled that a young girl of Chinese descent was not entitled to attend a White high-school because she was a member of the Yellow race and was therefore, Colored (Dorsey, 2008). Between 1936 and 1950 there were several cases in which the Court began to turn the tide and held that Black students should have access to the same opportunities to pursue higher education degrees as Whites. According to Dorsey, “The Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment entitled Black students to equivalent facilities and an education equal to that of White students” (p. 17).
A landmark decision was found in 1954 in the case of Brown, et al. v. Board of Education of Topeka, et al. The Supreme Court determined that separating Black and White students negatively affected the motivation of the Black students to learn. Dorsey says, “The Court finally confirmed the abysmal impact of segregation, inclusive of the inequitable resources, and unfair treatment. The fact remained that since slavery, Black children and White children were segregated by legal policy, practice, and educational opportunity. Black people were made to feel inferior for hundreds of years – especially in education” (p. 18). Within a couple decades, Southern school districts were more integrated than any other districts. However, state laws were not changing to conform with the new Court ruling (Cascio, Gordon, Lewis, Reber, 2007).
After Kennedy’s assassination, President Lyndon Johnson worked to pass the Civil Rights Act of 1964. “In general, it prohibits an employer or organization from discriminating against individuals because of their race, color, religion, sex, or national origin. Additionally, Title IV of the Act permits the United States Attorney General to investigate school districts and university systems that may be engaging in racial segregation” (Dorsey, 2008, p. 18-19). By 1965, the Department of Health, Education, and Welfare was calling for school districts to submit plans for desegregation or evidence that a plan was not needed (Cascio et al, 2007).
The desire to prevent racial prejudice created another possibility: Would rejecting the racism of America’s past create a new problem of race-based preferential treatment? Referencing the Civil Rights Act of 1964, U.S. Congressman Charles T. Canady wrote, “Senator Hubert Humphrey of Minnesota – the chief Senate sponsor of the legislation – stated it as clearly as possible: Discrimination was any ‘distinction in treatment given to different individuals because of their different race.’” (Canady, 1998, p. 4)
Canady continues, “While considering the Civil Rights Act of 1964, Congress itself debated the issues of racial preferences and proportional representation. The result of that debate was the adoption of Section 703(j) of the Act, which states that nothing in Title VII of the Act ‘shall be interpreted to require any employer…to grant preferential treatment to any individual or group because of the race…of such individual or group’ in order to maintain a racial balance.’” (Canady, p. 4) “There are currently more than 160 federal laws, regulations, and executive orders explicitly requiring race- and sex-based preferences” (Canady, 1998, p. 4).
However, many believe that the intent of the Fourteenth Amendment was to provide equity for African-Americans and unless there is equality for all then affirmative action programs must remain (Dorsey, 2008).
References
Canady, C. (1998). America’s struggle for racial equality. Policy Review, 42-47.
ERIC. EBSCO. Chambers Library, Edmond, OK. 7 Sep. 2009
Cascio, E., Gordon, N., Lewis, E., Reber, S. (2007). From Brown to busing. University of Kentucky Center for Poverty Research Discussion Paper Series, DP2007-05. Retrieved September 7, 2009, from http://www.ukcpr.org/Publications/ DP2007-05.pdf. 1-53
Dorsey, D. (2008). An examination of the legal debate regarding race-based education
policies from 1849 to 1964. The Negro Educational Review, 59, 7-26
What are your thoughts about race relations in America?