Civil Rights Act of 1875

Civil Rights Act of 1875
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The Civil Rights Act of 1875 (18 United States Statutes at Large 335–337), sometimes called Enforcement Act or Force Act, was a United States federal law enacted during the Reconstruction Era that guaranteed African Americans equal treatment in public accommodations, public transportation, and prohibited exclusion from jury service. The Supreme Court ruled in 1883 that the act was unconstitutional.

History of Act

Legislative History

The drafting of the bill was performed early in 1870 by Senator Charles Sumner, a dominant Radical Republican in the Senate, with the assistance of John Mercer Langston, a prominent African American who established the law department at Howard University. The bill was proposed by Senator Sumner and co-sponsored by Representative Benjamin F. Butler, both Republicans from Massachusetts, in the 41st Congress of the United States in 1870. The act was finally passed by the 43rd Congress in February 1875 and signed into law by President Ulysses S. Grant on March 1, 1875.

Constitutional challenge

The Supreme Court of the United States in a nearly unanimous decision declared the act unconstitutional in the Civil Rights Cases on October 15, 1883. Justice John Marshall Harlan provided the lone dissent. The Court held the Equal Protection Clause within the Fourteenth Amendment prohibits discrimination by the state and local government, but it does not give the federal government the power to prohibit discrimination by private individuals and organizations. The Court also held that the Thirteenth Amendment was meant to eliminate "the badge of slavery," but not to prohibit racial discrimination in public accommodations. The Civil Rights Act of 1875 was the last civil rights bill to be signed into law in the United States until the passage of the Civil Rights Act of 1957.

Legacy of law

The Civil Rights Act of 1875 is notable as one of the major pieces of legislation related to Reconstruction that were passed by Congress after the American Civil War. These include the Civil Rights Act of 1866, the four Reconstruction Acts of 1867 and 1868, the three Enforcement Acts of 1870 and 1871, and the three Constitutional Amendments adopted between 1865 and 1870.

Provisions contained in the Civil Rights Act of 1875 were later adopted by Congress during the Civil Rights Movement as part of the Civil Rights Act of 1964 and the Civil Rights Act of 1968. This legislation relied on the Commerce Clause contained in Article One of the Constitution of the United States.

See also

• Racial inequality in the United States

References

Books

• Atwell, Mary Welek (2012). Wilbur R. Miller. ed. Civil Rights Act of 1875. SAGE. pp. 262–263. ISBN 9781412988766. 
• Bitzer, J. Michael (2006). Paul Finkelman. ed. Civil Rights Act of 1875. CRC Press. p. 300. ISBN 9780415943420. 
• Howard, John R. (1999). The Shifting Wind: The Supreme Court and Civil Rights from Reconstruction to Brown. New York: State University of New York Press. pp. 66–68. ISBN 9780791440902. 
• Luckett, Barbara N. (1972). The Civil Rights Act of 1875: A Failure Reconsidered. University of Nebraska at Omaha. 
• Rivera, Alicia (2006). Paul Finkelman. ed. Civil Rights Act of 1875. New York: Oxford University Press. pp. 285–287. ISBN 978-0-19-516777-1. 
• Sandoval-Strausz, A. K. (2007). "Accommodating Jim Crow: The Law of Hospitality and the Struggle for Civil Rights". Hotel: An American History. Yale University Press. pp. 284–311. ISBN 9780300106169. 
• Tsesis, Alexander (2010). ""Badges and Incidents of Slavery" In the Supreme Court". The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment. Columbia University Press. pp. 172–181. ISBN 9780231141444. https://books.google.com/books?id=l6li0QzO4XAC&dq=%22Civil+Rights+Act+of+1875%22&source=gbs_navlinks_s. 
• Wilson, Kirt H. (2002). The Reconstruction Desegregation Debate: The Politics of Equality and the Rhetoric of Place, 1870-1875. East Lansing: Michigan State University Press. ISBN 9780870136177. 
• Wynn, Linda T. (2009). Jessie Carney Smith, Linda T. Wynn. ed. Civil Rights Act of 1875. Visible Ink Press. pp. 165–167. ISBN 9781578591923. 

Journals

• Avins, Alfred (May 1966). "The Civil Rights Act of 1875: Some Reflected Light on the Fourteenth Amendment and Public Accommodations". pp. 873–915. Digital object identifier:10.2307/1121057. 
• Franklin, John Hope (Winter 1974). "The Enforcement of the Civil Rights Act of 1875". pp. 225–235. http://www.humanities.uci.edu/history/ucihp/tah/UnderstandingAmericanCitizenship/The%20Enforcement%20of%20the%20Civil%20Rights%20of%201875%20John%20Hope%20Franklin-Prologue%20Article.pdf. 
• Gudridge, Patrick O. (April 1989). "Privileges and Permissions: The Civil Rights Act of 1875". pp. 83–130. Digital object identifier:10.2307/3504632. 
• Jager, Ronald B. (September 1969). "Charles Sumner, the Constitution, and the Civil Rights Act of 1875". pp. 350–372. Digital object identifier:10.2307/363614. 
• McPherson, James M. (December 1965). "Abolitionists and the Civil Rights Act of 1875". 
• Murphy, L.E. (April 1927). "The Civil Rights Law of 1875". 
• Spackman, S. G. F. (December 1976). "American Federalism and the Civil Rights Act of 1875". pp. 313–328. Digital object identifier:10.1017/s0021875800003182. 
• Weaver, Valeria W. (October 1969). "The Failure of Civil Rights 1875–1883 and its Repercussions". pp. 368–382. Digital object identifier:10.2307/2716730. 
• Wyatt-Brown, Bertram (December 1965). "The Civil Rights Act of 1875". pp. 763–765. Digital object identifier:10.1177/106591296501800403. 

External links

Congressional Records

• Congressional Record: Congressional Globe (1833-1873) Provides an index to the "History of Senate Bills and Joint Resolutions" for Senate bill S. 1 during 1873. Retrieved November 18, 2012
• Congressional Record: House Proceedings, 1874 Provides an index to the "History of Senate Bills and Joint Resolutions" for House bill H.R. 796 during 1874. Retrieved November 18, 2012

Other

• Benjamin F. Butler, "Civil Rights: Speech of Hon. Benjamin F. Butler, of Massachusetts, in the House of Representatives, January 7, 1874," From the Digital Archive Collections of the Mount St. Mary's University. Retrieved October 15, 2014
• "Civil Rights Bill of 1875", The Fifteenth Amendment in Flesh and Blood: Legislative Interests Provides a detailed description of the history of the bill from 1870 until its passage by Congress in 1875. Retrieved November 18, 2012
• History Crush: Charles Sumner, Prologue: Pieces of History, The National Archives.gov Provides a short biographical account of Sen. Charles Sumner including details surrounding his efforts to pass the Civil Rights bill in Congress. Includes images of Sumner, personal documents, and bill S. 1 that would later lead to the Civil Rights Act of 1875. Retrieved November 18, 2012
• Summary of Constitutional Amendments and Major Civil Rights Acts passed by Congress Part of the Black Americans in Congress, 1870–2007 series. Provided by the Office of History and Preservation under the Office of the Clerk of the U.S. House of Representatives. Retrieved November 18, 2012
• "The Trouble has Commenced - A Tale of Anxiety" by Thomas Nast in Harper's Weekly. From the New York Times "On This Day" series. Recounts the events on the floor of the House in the United States Congress involving the Civil Rights Bill on February 27, 1875. Retrieved March 16, 2013
• "How Some People Regard the Passage of the Civil Rights Bill" Published in the Daily Graphic on March 3, 1875. From the The Old Fulton website. Presents a detractors view on the outcome of the Civil Right Bill. Retrieved July 5, 2014
• Digitized image of Charles Sumners' senate bill S. 1 as introduced during the 43rd United States Congress. From the Records of the U.S. House of Representatives. Retrieved May 18, 2015
• "Some Memories of A Long Life" An excerpt from the memoir of Malvina Shanklin Harlan, the wife of Justice John Marshall Harlan. The excerpt chronicles the effort that Justice Harlan placed into writing an opinion for the Civil Rights Cases (1883). From the Library of Congress. Retrieved May 18, 2015