In 1875, Senator Sumner and Benjamin Butler, both republicans from Massachusetts proposed the Civil Rights Act that aimed to overturn the Jim Crow laws by prohibiting racial discrimination in public places and facilities such as stores, restaurants, and public transport. However, the Civil Rights Act was declared unconstitutional by the Supreme Court later in 1883 that claimed the Congress did not hold the power to control activities enacted by private persons or businesses (Wyatt-Brown, 1965). About eight decades later in the 1960s, a similar Civil Rights Act with a few reinforcements was proposed. The difference is that this time, the Civil Rights Act was and is still enacted as part of the law in the United States Constitution. The Civil Rights Act of 1964 is important to African American History as it marked the end of segregation in public places not just on paper but in a real sense. With that being said, to gain a better understanding of such a historical event, it is therefore equally essential to learn about its major provisions, factors that led to its enactment, its successes as well as its failures.
The Civil Rights Act and its provisions are considered a major achievement of the Civil Rights Movement as it banned discrimination based on race, sex, religion, national origin, and color. It contains eight major provisions which consist of prohibition of inequalities of voter registration requirements, banning of segregation in public places such as theatres and restaurants, and outlawing discrimination by states and local governments during access of public properties and facilities. The enactment of the 1964 Civil Rights Act also expanded the Civil Rights Commission that was earlier established in 1957, outlawed segregation in public schools, placed an embargo on both public or private sector employers from discriminating during employment, and restraining discrimination by government agencies that receive federal funds. As a result of breaking the law, the government agency at fault would lose the funding. Lastly, the Act provided laws for the courts by creating Community Relations Service whose aim was to resolve disputes arising from discrimination, pushing for movement of civil rights cases from state courts to federal courts, and setting of trials by juries, and penalties for defendants accused of contempt under the act (Kenton, 2019).
The Civil Rights Movement, pioneered by its influential leaders such as Martin Luther King Jr, was initiated in the mid-1950s as a result of the Montgomery bus boycott. It led to the proposal of the Civil Rights Bill by President John F. Kennedy in 1963 (Bringle, 2015). The boycott was formed to challenge the policy of segregation by the bus system in Montgomery, Alabama. The white folks usually sat at the front while the black folks were ordered to sit at the back in addition to a black person giving up his or her seat to a white person when the bus was full. Rosa Parks, an African-American woman, was the reason behind the establishment of the Montgomery bus boycott. She was arrested by the police for refusing to give up her bus seat to a white man. Although she was not the first black woman who declined to give up her bus seat to a white passenger, the local civil rights leaders in Alabama decided to use her case to initiate a protest against the discriminative bus system. The Montgomery bus system was mainly dependent on African Americans for their daily bread as they constituted around 75% of the total passengers. Therefore, the boycott was successful that led to a change in how the bus system in Montgomery worked (The Editors of Encyclopedia Britannica, 2018).
With the success of the Montgomery bus boycott, the Civil Rights Movement grew stronger and stronger expanding into more states across the south, therefore, bringing forth national attention. Martin Luther King Jr. was appointed during this time on the basis that he was new to the area hence, had few enemies unlike the other civil rights activists in Alabama. He among other civil rights activists founded the Southern Christian Leadership Conference. SCLC was established for better coordination of protests across the Southern states as it was a regional organization. One of the major contributions that Martin Luther King Jr. sired that he is still remembered for to this date is the ‘I Have A Dream’ speech that he gave out in Detroit, in 1963. The speech was historical as it partially resulted in the passing of the Civil Rights Bill in 1964. In his speech, King aimed at conveying the concerns of racism and segregation in the country to the crowd. One of his most famous lines was ‘I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character’ (Luther & Coretta Scott King, 2008). Martin Luther King Jr, during his speech, used a language tool named ‘anaphora’ in which words are repeated at the beginning of every sentence to enforce impact on an audience. It was noted that every time King said, ‘I have a dream’, the crowd got more and more excited and re-energized to continue their fight towards social equality and justice. What is even more astonishing is that he did not use a written text when giving out his speech like what the other civil rights leaders did when giving out their declamations (“I Have a Dream” Speech, 2018).
President John F. Kennedy is well remembered for his contributions towards the Civil Rights Act of 1964 since he is the one who proposed its enactment after all. He called for the passing of the Civil Rights Bill due to the wake of brutal actions by the police and other White Americans towards peaceful protestors. There was also an increase in the murder of civil rights activists. One such fateful event was the Birmingham Campaign that was led by SCLC in early 1963 to bring attention to the mayor and other government leaders on the efforts of local black activists to desegregate public places. Martin Luther King Jr. portrayed Birmingham as one of the most segregated cities. During this campaign, force was used by the police in an attempt to halt the demonstrations. They used high-pressure water hoses and police attack dogs on the protestors leading to many injuries, arrests, and a few murders. As a result of such events, President Kennedy, therefore, saw a necessity of enforcement of a Civil Rights Act. He viewed the Act not only as a constitutional issue but also as a moral issue. However, Kennedy did not live long enough to see the passing of the Civil Rights Act in 1964. He was assassinated in Texas where he had gone to carry out his campaigns for the 1964 presidential elections. It is known that two bullets were shot at him in a moving limousine car while he was touring Texas. The assassination of John Kennedy paved way for the passing of the bill that was pushed by President Lyndon Johnson (Goduti, 2013). Johnson was a great supporter of civil rights and was also good at arguing his case. In one of the Congress sessions, he said, ‘Let this session of Congress be known as the session which did more for civil rights than the last hundred sessions combined’ (History.com Editors, 2018).
The 1964 Civil Rights Act achieved several accomplishments that are still in reinforcement in the nation up to today. The greatest achievement of all was that finally, segregation in public places such as restaurants, stores, and public transportation was completely abolished. Moreover, it terminated employment discrimination based on race, color, sex, religion, and national origin (Hersch & Shinall, 2015). It must also be appreciated that the Civil Rights Act of 1964 facilitated the passing of the Voting Rights Act of 1965, the Fair Housing Act of 1968, and other civil rights laws of the 1970s. The Voting Rights Act was also signed into law by President Lyndon Johnson. It contained provisions such as outlawing the use of literacy tests in voting and investigation of the use of poll taxes in state and local elections. This act, therefore, aimed at reinforcing the Civil Rights Act of 1964 that advocated for equal treatment of all voters. The Fair Housing Act of 1968 having been signed into law by President Lyndon Johnson too, banned discrimination based on color, sex, religion, race, and national origin in housing sales, rentals, and brokerages transactions (Kenton, 2019). The bill was passed shortly after the assassination of Martin Luther King. The expansion of more American Civil Rights Laws was realized in the 1970s thanks to the Civil Rights Act of 1964.
Despite the great accomplishments made by the Civil Rights Act of 1964, the act also experienced a few challenges. A few White Americans were against the enactment of this act and they fought hard to oppose it. An exemplary example is a case concerning the motel owner of Heart of Atlanta Motel which served an interstate clientele. It long refused to offer room services to African Americans. Moreton Rolleston filed a suit in the federal court arguing that the act requirements surpassed the authority that the commerce clause gave Congress over interstate commerce (Times, 1964). Despite the enactment of the 1964 Civil Rights Act banning discrimination in employment and housing, there is still occurrence of such discrimination in many parts of the country currently. African Americans are often associated with poverty as they are offered low-paying jobs. What’s more, is that they live in the poorer parts of the country such as New York state with poor housing. Black folks owning businesses are also facing denial of equal access to markets and finances.
As expressed in the paragraphs above, the Civil Rights Act of 1964 was vital for the liberation of African Americans in the country. Therefore, learning its history that includes its detailed provisions, causes of its proposal and enactment, achievements, as well as its failures is important to know how far we have come as a country and the efforts that we should put in place to ensure a better tomorrow. The provisions enlighten us on what the Civil Rights Act of 1964 entails so that we, as citizens, abide by the law at all times. It is also essential for us to appreciate efforts that activists such as Martin Luther King Jr. and Rosa Parks put in place in addition to President John Kennedy’s attempts that might have probably led to his assassination. Besides, the achievements of the act allow us to have pride in our country. Failures, on the other hand, open our eyes to identify problems arising and realize what more can and should we do to eradicate racism and segregation once and for all in our nation.
References
“I Have a Dream” Speech. (2018, August 21). HISTORY; A&E Television Networks. https://www.history.com/topics/civil-rights-movement/i-have-a-dream-speech
Bringle, J. (2015). The Civil Rights Act of 1964. Rosen Publishing Group, Inc.
Goduti, P. A. (2013). Robert F. Kennedy and the shaping of civil rights, 1960-1964. Mcfarland & Company, Inc., Publishers.
Hersch, J., & Shinall, J. B. (2015). FIFTY YEARS LATER: THE LEGACY OF THE CIVIL RIGHTS ACT OF 1964. Journal of Policy Analysis and Management, 34(2), 424–456. https://doi.org/10.1002/pam.21824
History.com Editors. (2018, September 20). Civil Rights Act of 1964. HISTORY; A&E Television Networks. https://www.history.com/topics/black-history/civil-rights-act
Kenton, W. (2019). Civil rights act of 1964. Investopedia. https://www.investopedia.com/terms/c/civil-rights-act-1964.asp
Luther, M., & Coretta Scott King. (2008). The words of Martin Luther King, Jr. Newmarket.
The Editors of Encyclopedia Britannica. (2018). Montgomery bus boycott | United States history. In Encyclopædia Britannica. https://www.britannica.com/event/Montgomery-bus-boycott
Times, S. to T. N. Y. (1964, July 7). Atlanta Motel Sues in Major Test of Rights Act. The New York Times. https://www.nytimes.com/1964/07/07/atlanta-motel-sues-in-major-test-of-rights-act.html
Wyatt-Brown, B. (1965). The Civil Rights Act of 1875. Political Research Quarterly, 18(4), 763–775. https://doi.org/10.1177/106591296501800403
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