A History of the Civil Rights Act of 1964

The Civil Rights Act of 1964 began President John F Kennedy’s attempt to revive the similar Civil Rights Act of 1875. This original act was signed by President Ulysses Grant and attempted to ensure equal treatment in public spaces for all Americans, regardless of race or prior status of servitude, in accordance with the Fourteenth Amendment. This act was largely ignored in the South, especially after Northern federal troops left. The Supreme Court declared the act unconstitutional in 1883, arguing that the Fourteenth Amendment only applies to government agencies, not private citizens.

President Kennedy first announced his plans for a new Civil Rights Act in a speech he made on June 11, 1963. He proposed federal legislation that would ensure equal treatment in all public access areas, not just publicly owned areas. “Public access” refers to a building that is meant to be used by the general public, such as a school, store or movie theater, regardless of whether it is privately owned. Kennedy also wanted the federal government to fight the South’s Jim Crow Laws, which made it effectively impossible for black people to vote, even though they had the legal right.

To get around the earlier Supreme Court ruling that the government could not force equality on private business owners, Kennedy’s act was proposed under the Commerce Clause. This refers to Article I, Section 8, Clause 3 of the US Constitution, which grants Congress the right to regulate foreign, interstate and (American Indian) tribal commerce. There has been much debate over the years about the founding fathers’ intent when writing this clause. Some scholars state that the word “commerce” refers strictly to economic trades, while others view social mores and trends as a kind of commerce.

This sort of question became a subject of intense debate while the act was being debated in the House and Senate. Some congresspersons, especially social conservatives, were vehemently opposed to granting power to the federal government over state governments and private companies. Some civil rights advocates criticized the act for now going far enough, pointing out that it did not include laws government police brutality or hiring discrimination in private companies.

Tragically, President Kennedy was assassinated while his proposed legislation was still being discussed in the House of Representatives. Lyndon B Johnson took over as president and began aggressively promoting the act. It was finally passed on July 2, 1964, about a year after President Kennedy first proposed the idea. It has been expanded over the years to better protect citizens from racism, sexism and other forms of prejudice in school, employment and public areas.

For more information about discrimination and civil rights, contact Austin employment attorneys Melton & Kumler.

Joseph Devine