Civil Rights Act of 1957 Worksheets
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Fact File
Student Activities
Summary
- Historical Background
- Circumstances Leading to the Enactment
- Features of the Civil Rights Act of 1957
- Legacy of the Civil Rights Act of 1957
Key Facts And Information
Let’s know more about the Civil Rights Act of 1957!
The enactment of the Civil Rights Act of 1957 concluded decades ago, characterised by the lack of federal legislation about civil rights – the previous legislation comprised five statutes enacted within nine years from 1866 to 1875. The post-Civil War Reconstruction Congress enacted laws to ensure equal status for African Americans, who had been emancipated from slavery by the Thirteenth Amendment. The Civil Rights Act of 1957 was enacted by the 85th United States Congress and ratified by US President Dwight D. Eisenhower on 9 September 1957.
HISTORICAL BACKGROUND
- The legislation for civil rights was passed but, later on, failed. After the Civil War, the passage of the Thirteenth Amendment emancipated African Americans and abolished slavery in the US. However, the Southern states passed restrictive legislation that would limit the effectiveness of the Thirteenth Amendment. The first Civil Rights Act was enacted in 1866 to address the issue of discriminatory ‘Black Codes’. Congress stipulated that all citizens, regardless of race, were granted the same entitlements to engage in contracts, initiate legal proceedings, present evidence, possess and transfer property, and receive equal protection under all laws safeguarding personal and property security.
- Congress proposed the Fourteenth and Fifteenth Amendments in response to the issues expressed about the legitimacy of this act. Within one year of the states ratifying the Fifteenth Amendment, two further civil rights measures were enacted: one on 31 May 1870 and another on 28 February 1871.
- The former reinstated the 1866 legislation, placing it under the jurisdiction of the Fourteenth Amendment, and aimed to enforce the right to vote without any bias based on race, colour or previous enslavement.
- The second act enhanced the first act and strengthened its voting laws by appointing officials to oversee elections. Once again, Congress found that its purpose was being hampered, this time by the actions of the Ku Klux Klan and other similar groups that had emerged. The Ku Klux Klan, sometimes abbreviated as the KKK or the Klan, refers to several American white supremacists, far-right organisations and hate groups that have existed throughout history and continue to exist now.
- Between 1873 and 1909, the Supreme Court made a series of judgements severely hindering the efficiency of Congress’s plans. In the case of United States v. Cruikshank in 1876, the Court determined that the rights outlined in the Fourteenth Amendment applied only to the states and not to private individuals. As a result, Congress’s authority to enforce these rights was restricted. The United States Supreme Court’s finding in United States v. Cruikshank established that the US Bill of Rights did not impose restrictions on the authority of private individuals or state governments, even with the inclusion of the Fourteenth Amendment.
- After the Supreme Court’s decision in Brown v. Board of Education in 1954, which ultimately resulted in the desegregation of public schools, white individuals in the Southern states initiated a movement known as Massive Resistance. Instances of violence targeting African Americans increased in Little Rock, Arkansas. In response, President Eisenhower issued an order for US paratroopers from the 101st Airborne Division to safeguard nine Black teenagers who were integrating into a public school.
- This marked the first deployment of federal troops in the Southern region to resolve civil rights matters since the Reconstruction Era. There was a persistent occurrence of physical assaults against individuals believed to be activists, as well as explosions targeting schools and churches in the Southern region. In order to mitigate demands for more extensive changes, President Eisenhower suggested a civil rights measure aimed at enhancing the safeguarding of African American voting rights.
- By 1957, the percentage of Black persons registered to vote was approximately 20%. Although Black people constituted the majority in many counties and congressional districts in the South, they were effectively denied the right to vote due to discriminatory voter registration rules and laws implemented and promoted by Southern Democrats since the late 19th and early 20th centuries. Civil rights organisations had gathered evidence of discriminatory practices, such as implementing literacy and comprehension tests and poll charges.
- Although individual states possessed the authority to create regulations regarding voter registration and elections, the federal government assumed the responsibility of overseeing the process to guarantee that citizens could freely exercise their constitutional right to vote for federal officials, such as electors for the president and vice president, as well as members of the US Congress.
CIRCUMSTANCES LEADING TO ENACTMENT
- The legislation that eventually became the 1957 Act was presented to Congress during President Eisenhower’s administration. Attorney General Herbert Brownell exerted significant influence in crafting the measure. The bill resembled a 1956 legislation that failed to be passed due to opposition from senators from the Southern states. The proposed measure by the Eisenhower administration consisted of four original components.
- PART I. Established a Civil Rights Commission in the executive branch with the purpose of examining instances of civil rights breaches.
- PART II. Established the position of assistant attorney general for civil rights, resulting in the promotion of the civil rights department of the Department of Justice to the Civil Rights Division, as US President Harry Truman had recommended in 1948.
- PART III. Included extensive provisions that enhanced the department’s jurisdiction to uphold civil rights through both civil and criminal litigation.
- PART IV. The attorney general has the power to initiate civil litigation and get preventive injunctions (court orders) to safeguard voting rights.
- The bill was approved by the House of Representatives on 18 June 1957, after a discussion, with a vote of 286 in favour and 126 against. The primary impediment to the passage of civil rights legislation in 1957 was the group of Southern Democrats headed by Senator Richard Russell of Georgia. From 1875, Southern senators consistently obstructed any civil rights bills. The bill in the Senate received the strongest support from Republican leader William Knowland of California and liberal Democrat Paul Douglas of Illinois.
- Despite their lack of great leadership qualities, both senators had the support of public opinion and the Senate votes. While the coalition supporting the bill lacked unity, the Southern senators opposed it and were tightly unified. Despite receiving support, many anticipated that the bill would fail in the Senate due to the potential filibustering efforts of Southern senators. In 1957, there was an unexpected advocate for civil rights legislation who proved to be highly influential.
- As a Texas Democrat, Lyndon B. Johnson’s constituents were unlikely to perceive his leadership on racial rights positively. Previously, Johnson did not endorse the civil rights laws brought before the Senate. Indeed, he had caused Senator Douglas to feel ashamed by actively contributing to the failure of the 1956 civil rights bill. However, in 1957, Johnson discreetly started using his political acumen and connections to facilitate the passage of the initial civil rights legislation in more than eight decades.
- On 2 July 1957, Senator Russell delivered a compelling speech that significantly impacted the discussion on the bill by presenting the viewpoint of the South. Russell’s ability to evoke negative perceptions of Reconstruction, which had troubled Southerners, garnered sympathy from those hesitant about imposing federal policies on the states. The speech criticised Part III of Eisenhower’s bill for its extensive authorisations to intervene in state law.
- This meant that individuals who infringed upon civil rights would be punished by a judge rather than a potentially more sympathetic all-white jury. These two plan elements would be the essential concessions required for a settlement with the Southerners. Johnson understood that reaching a consensus on those bill elements and averting a filibuster was crucial for the package’s passage. However, Part III was deemed crucial by many liberals. The Senate approved the revised legislation on 7 August 1957, with a voting outcome of 72 in favour and 18 against.
- A significant number of liberals expressed their disappointment at the substantial weakening of the plan. After two weeks of negotiation, the House and Senate leaders produced a bill that resembled the one enacted by the Senate but with minor alterations to the jury trial provision. The bill was approved in the House of Representatives on 27 August 1957, with a vote of 279 in favour and 97 against. Passage in the Senate was more complex. On 28 August 1957, Senator Strom Thurmond of South Carolina initiated a solitary filibuster.
- Thurmond’s speech, lasting over 24 hours, established a new record in the Senate. After this speech, on 29 August, the Senate approved the Civil Rights Act of 1957 by a vote of 60 to 15. The bill was signed by President Eisenhower on 9 September 1957, thus enacting the Civil Rights Act.
FEATURES OF THE CIVIL RIGHTS ACT OF 1957
- President Eisenhower signed the Civil Rights Act of 1957 into law on 9 September 1957. Attorney General Herbert Brownell initially suggested the act. This legislation marked the initial legal initiative for civil rights following the Reconstruction era, after the Civil Rights Act of 1875. The federal government took 82 years to dedicate itself to the full pursuit of civil rights.
- Part I of the Civil Rights Act of 1957 established a Commission on Civil Rights consisting of six members from both political parties. The commission was tasked with investigating complaints that specific individuals in the United States were being denied their voting rights and having their votes disregarded due to factors such as their colour, race, religion or national origin. Additionally, the committee had the obligation to ‘examine and gather information regarding legal advancements that amount to a violation of equal protection of the laws as stated in the Constitution’.
- In addition, the commission was tasked with a third job, which was to evaluate the laws and policies of the Federal Government in relation to ensuring equal protection of the laws as mandated by the Constitution. In order to achieve these objectives, the commission had the authority to require witnesses to provide testimony through subpoenas, as authorised by the act. However, this power could only be exercised if the hearing occured in the same state where the witness was.
- If the witnesses declined to appear, the attorney general was authorised to get an order from a federal district court that might be enforced through contempt. According to the 1957 Act, the commission was intended to end within two years.
- Despite its passage, the US Commission on Civil Rights persists in conducting investigations into breaches of civil rights, collecting information, evaluating federal legislation, presenting reports to the president and Congress, and making public statements.
- Part II of the statute established an additional assistant attorney general. Soon after the law was passed, Attorney General William Rogers issued a directive to establish the Civil Rights Division as part of the Department of Justice. Part III modified the previous civil rights legislation by granting federal courts the authority to hear civil lawsuits that might offer a broader array of solutions for civil rights violations, such as the infringement of the right to vote.
- Part IV encompassed the most substantial enforcement authorities bestowed by the statute. This provision prevented any individual, whether private or otherwise, from engaging in measures intended to intimidate, threaten or force others to interfere with their right to vote according to their preferences.
- The legislation also broadened the power of the federal government to uphold the prohibition of racially biased denials of voting rights by granting the attorney general the ability to initiate civil legal actions in the federal district courts. These actions aimed to secure preventive measures, such as seeking permanent or temporary injunctions, restraining orders, or other court orders.
- The compromise language in Part V of the act, which pertained to ‘jury trial’, had proven problematic in the Senate. The legislation restricted the power of the courts to enforce Part IV of the act using civil contempt or criminal contempt, which could result in a maximum penalty of a $1,000 fine or less and a jail sentence of six months or less.
- Furthermore, it stipulated that the defendant was entitled to a new trial by jury for any criminal contempt case that resulted in a fine exceeding $300 or a prison sentence exceeding 45 days. Although there were certain restrictions, Part V maintained the authority of the courts to enforce compliance with or prevent interference with any court order through civil contempt procedures without a jury, specifically to ensure compliance rather than punishing violations.
LEGACY OF THE CIVIL RIGHTS ACT OF 1957
- While the Civil Rights Division’s actions under the Civil Rights Act of 1957 did not always provide instant protection for African Americans’ voting rights or other civil rights, it did mark the beginning of the civil rights reform era. The Civil Rights Division’s efforts in the early 1960s initiated the dismantling of the discriminatory legal framework in the Southern states by challenging discriminatory voter qualifying rules.
- The division’s efforts also drew attention to the extent of prejudice in the Southern region, exerting a substantial influence on the passage of additional legislation pertaining to civil rights. In conjunction with the Civil Rights Division, the Civil Rights Commission was making substantial headway in raising awareness about civil rights issues.
- In 1958, state officials in Montgomery, Alabama, defied a subpoena by refusing to attend hearings conducted by the panel. This act of resistance garnered the attention of the national press. The Justice Department executed the subpoena by means of a court-issued order.
- The Supreme Court, in a verdict made in 1960, affirmed the constitutionality of the panel’s hearing process and characterised the commission as a solely investigative entity. At first, the committee primarily addressed voting discrimination, but it broadened its investigative range during the Kennedy administration. The Civil Rights Act of 1964 broadened the commission’s mandate to encompass its role as a national repository of information.
Image Sources
- https://en.wikipedia.org/wiki/File:Photograph_of_President_Dwight_D._Eisenhower_Signing_the_Civil_Rights_Act_of_1957_(H.R._6127)_in_His_Office_at_the_Naval_Base_in_Newport,_Rhode_Island_-_NARA_-_7865612.jpg
- https://en.wikipedia.org/wiki/File:Judgment,_Brown_v._Board_of_Education,_05311955.gif
- https://en.wikipedia.org/wiki/File:37_Lyndon_Johnson_3x4.jpg
Frequently Asked Questions
- What was the Civil Rights Act of 1957?
The Civil Rights Act of 1957 was the first federal civil rights legislation passed by the US Congress since 1875.
- What were the main provisions of the Civil Rights Act of 1957?
The main provisions of the Civil Rights Act of 1957 included the creation of the Civil Rights Division within the Department of Justice, the establishment of a federal Commission on Civil Rights to investigate civil rights violations, and the provision of federal support to protect the voting rights of African Americans.
- What impact did the Civil Rights Act of 1957 have on voting rights?
The Civil Rights Act of 1957 sought to protect voting rights, but its impact was limited due to weak enforcement mechanisms. While it authorised the federal government to intervene where individuals were denied the right to vote, it did not eliminate discriminatory practices like literacy tests and poll taxes.