History is Power! Lecture: The Civil Rights Movement (The Laws and the Cases)

Welcome back to robinlofton.com where we are remembering history and we’re making history. Today we’re also studying history. 

We’re continuing our examination into the modern Civil Rights movement in the United States.  In Part I, we looked at the early movement beginning around the turn of the century and some of the iconic people who set the stage for the modern movement.  We looked at the transition of the movement into an organized and concerted effort toward ensuring equality and equal rights for African Americans. This was, by no means, a chance occurrence.  Leaders in the African American community, particularly the churches, had been patiently awaiting the right moment, person, and opportunity to make a strong statement and begin the modern movement. On December 1, 1955, when Rosa Parks was arrested for refusing to get up her seat on a segregated bus, the movement was begun.  The modern movement was marked by organized marches, protests, sit-ins, freedom rides and other acts of civil disobedience. These acts had various degrees of success in dismantling segregation. But more needed to be done on another front. This second front was in the legal system.

The NAACP was the real leader on this front.  Talented and committed lawyers like Charles Houston and Thurgood Marshall (maybe those names are familiar) worked tireless and fearlessly to argue cases in court, including the Supreme Court, to attack discriminatory laws and practices.  In addition to invalidating these laws, civil rights leaders were also committed to the passage of new laws to guarantee equal rights and equal protection under the law.  By the way, I want to point out that the civil rights movement (whether in the form of marches and protests or by fighting in the courts was a unified movement with one goal: equality).

First, let’s look at the laws.

Civil Rights Act of 1964

This was a main goal of the March on Washington; this was what the people wanted!! For years, civil rights leaders had been working to dismantle segregation and promote equality for African Americans. They had marched, protested and rallied. Yes, progress was made. Supreme  Court judgments had been favorable. Some local practices were changed. But the country needed a law that would state clearly and unequivocally that discrimination would not be tolerated, that it was illegal.

Following the March on Washington for Jobs and Freedom in 1963, civil rights leaders met with President Kennedy who morally agreed with promoting civil rights legislation but seemed reluctant to pass any effective legislation at that time. However, President Johnson (a Southern democrat who succeeded President Kennedy after his assassination) made strong and bold moves to pass a civil rights bill.

After many political moves and maneuvers (some that can only be considered legendary), Congress passed the civil rights bill. President Johnson signed the bill into law on July 2, 1964. The country finally had the Civil Rights Act.  (I do want to add though that this was not the first civil rights law in the United States. The very first was in 1866, though President Andrew Johnson vetoed it at the last minute. The following year, Congress passed another civil rights bill and President Johnson again vetoed it but the Congress overrode that veto and the bill became a law. That’s a fascinating story and I wish that we had time to examine it but it will keep for another time.) 

So, what did the Civil Right Act of 1964 do?

It was a sweeping and thorough attack on segregation. It outlawed discrimination in voting, education, public accommodations, employment and any federally-funded program.  It also created the Equal Employment and Opportunity Commission. In eleven different sections (called titles), the Civil Rights Act of 1964 attacked segregation and discrimination in nearly every segment of life. 

It was, indeed, landmark legislation that set the scene for more specific and powerful legislation.  While there was a lot to celebrate with the passage of this law, it did have its weaknesses, particularly in its enforcement powers. However, more and stronger laws were made possible by the passage of the Civil Rights Act of 1964, namely the Civil Rights Act of 1968, which guaranteed and enforced fair housing and even much later, the Americans with Disabilities Act in 1990.

A great law that marked the beginning of a new era. Lots of people worked hard and sacrificed a lot for this law. But the work was not done yet. The next law was truly legendary.

Voting Rights Act of 1965

As we have discussed earlier, African Americans were continuing to be denied basic rights that were ensured by the U.S. Constitution.  One of those fundamental rights was the right to vote.  And this was one major focus of the Civil Rights Movement. 

Although the right to vote is guaranteed in the 15th Amendment, which was ratified in 1870, this did not prove sufficient to ensure that African Americans were allowed the right to vote.  Instead, many states, especially in the southern part of the country, were prohibiting Blacks from registering to vote. This was done in many ways: literacy tests, grandfather clauses, poll taxes and other means.  When these failed to deter Blacks from voting, some whites in the south used intimidation, threats, and often violence to keep Blacks from registering to vote.

Civil rights group put the right to vote on the top of their agenda.  (As you heard in the previous podcast, there were numerous marches, protests, and rallies that focused on the right to vote. These often turned violent because many southerners were determined to stop this from happening.) Fortunately, President Johnson was determined to pass a voting rights act to ensure that everyone was allowed to register.  It was a long and difficult road but the Voting Rights Act was passed and signed into law on August 6, 1965.

This was a major coup for civil rights. It largely restated the 15th Amendment but it went farther. Listen to Section 2 of the Voting Rights Act of 1965: It says, “No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color.”  Wow! That’s powerful and it was met with very mixed reviews. Before we look at that, let’s look at what else the Voting Rights Act did. It federalized the registration process in certain “resistant” states.

It guaranteed federal enforcement of the law, allowing troops, oversight, or any other means to prevent a denial of voting rights on the basis of race or to ensure the right to vote to all citizens. While it did not specifically prohibit the poll tax, it did allow a challenge to the tax in the federal courts, which quickly invalided it. One of the most powerful parts of the Voting Rights Act (even more powerful than section 2) was Section 5. I won’t read it because it’s too long but it prevented states or any subdivision from making any changes that affect voting rights until the Attorney General determined that the changes did not have any discriminatory effect or purpose. That’s huge! Section 5 would be enforced in states that had demonstrated records of denying voting rights on the basis of race. Those states were: Alabama, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia. No surprises there, I think. Section 5 also applied in parts of California, North Carolina, New York and Florida.

The VRA had an incredible impact on nearly every segment of American society. It was strongly enforced at the federal and state levels. Changes were quick. But more needed to be done. It was not the “miracle drug” that saved civil rights but it was a huge step in guaranteeing fundamental rights to every American. 

In June of that year, President Johnson made a speech at Howard University and he addressed this issue. He said,

“The voting rights bill will be the latest, and among the most important, in a long series of victories. But this victory—as Winston Churchill said of another triumph for freedom—“is not the end. It is not even the beginning of the end. But it is perhaps the end of the beginning. That beginning is freedom; and the barriers to that freedom are tumbling down. Freedom is the right to share, share fully and equally, in American Society—to vote, to hold a job, to enter a public place, to go to school. It is the right to be treated in every part of our national life as a person equal in dignity and promise to all others.” 

There is a lot more but it shows that he understood that the road toward complete freedom and equality is long and that the right to vote (while critical in a free society) is only one step on this journey of a thousand miles.

Another step took place in the Supreme Court and that’s where we will turn right now.  That was an exciting venue and it showed some of America’s brightest talent and skill.

The Supreme Court had been both friend and foe to civil rights for African Americans.  Some of its decisions acknowledged and protected Constitutional rights.  Others completely denied rights to African Americans. The famous (or rather infamous) Dred Scott decision in 1857 was one of the worst decisions ever made in American jurisprudence. Justice Taney, writing for the Court, held:

1.    Missouri Compromise, which made certain states free, was unconstitutional;

2.    Congress could not prohibit slavery in any state; and

3.    A slave could not sue because he was not a citizen. 

The South was ecstatic about this decision, which protected slavery. The North was furious. Justice Taney who wrote the opinion was a former slave owner as well as four other justices so the decision shouldn’t have been a surprise.  Many people believed that this decision made the Civil War inevitable. I know that it certainly denied the basic right of citizenship to a free man born to enslaved parents.

He stated, “A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a “citizen” within the meaning of the Constitution of the United States.”

Another bad case by the Supreme Court was Plessy v. Ferguson, decided in  1897.

Plessy, who was part African American, attempted to sit in the white section of a railway car. He was arrested for violating Louisiana’s railroad law, which prohibited African Americans from sitting in the white section but also required a separate but equal section for African Americans. He challenged the law. The Supreme Court held that the Louisiana law was constitutional because the two separate sections were required to be equal. The effect of this case was to legalize racial segregation. Moreover, it created the concept of separate but equal as satisfying the equal protection requirement of the 14th Amendment.

Those were definitely low points for the Court. Now, you’re gonna see the Supreme Court at its best. The Court wrote some of the BEST cases in American law during this period. Let’s take a look at a few of the cases.

Brown v. Board of Education (1954)

The Brown case is arguably the most famous case ever decided by the Supreme Court. Thirteen African American parents sued the Topeka Board of Education when they were not permitted to enroll their children in white schools. The Supreme Court held that racial segregation in public schools violated the equal protection clause of the Fourteenth Amendment. The Court held that separate but equal is an inherently unequal situation. This landmark case abolished segregation in public facilities.

Heart of Atlanta Motel, Inc. v. United States (1964)

This case changed the Court’s attention from segregation in the public sector to discrimination by private companies. The Court also changed “ammunition” by using interstate commerce clause of the U.S. Constitution. The Heart of Atlanta Motel refused to serve or house African Americans. The motel was located In Atlanta, Georgia near several interstate highways, advertised nationally, and served customers primarily from other states. The motel challenged the constitutionality of Title II of the Civil Rights Act of 1964. The U.S. Supreme Court upheld the constitutionality of this federal law on the basis of its protection of interstate commerce.

The Court held that discrimination keeps African Americans from travelling throughout the country, which has a direct effect on interstate commerce. Congress is empowered to regulate any activity that affects interstate commerce. Therefore, Congress acted within its scope of power in passing the Civil Rights Act, which prohibits discrimination by private companies and individuals. This landmark case broadened Congressional power to regulate acts that directly or indirectly affect interstate commerce, which became a foundation for prohibiting and punishing discrimination.

Loving v. Virginia (1967)

The state of Virginia passed a law making it a felony for a Black and white person to get married. The Virginia Supreme Court upheld the law stating that it served the legitimate state purpose of preserving the “racial integrity” of its citizens. The Virginia court also stated that the statute punishes both parties so it did not violate the Equal Protection clause. The U.S. Supreme Court disagreed. It overturned the law stating that classifications based on race were subject to the most rigorous level of scrutiny. Hence, the fact that the law bans only interracial marriages involving White and Black people is proof that the law promotes arbitrary and invidious discrimination and, therefore, violates the Equal Protection clause of the 14th Amendment.

To conclude this section on civil rights cases, I just want to note that the Supreme Court approached the issue of segregation in different and sometimes contradictory ways. It made wide-reaching decisions that have affected everyone. The days of “whites only” sections and schools have passed. The Supreme Court was an important though sometimes reluctant part of this process. Beginning with the Brown case, the Supreme Court moved strongly against discrimination in both the public and private sectors. It also expanded the scope of Congressional power to champion this cause.

So, these were some of the more famous cases. I think that most people have heard of the Brown v. Board of Education case. I just wanted to mention a few other cases because they show that the Court was working to uphold the Constitution.  This was probably the golden age of the Supreme Court; it was an activist court that upheld the rights and guarantees of the Constitution and boldly faced new issues and controversies with courage.

So, let’s bring this part of the History is Power! Lecture to a close. The Civil Rights Movement was an exciting time. The country changed forever. People changed forever.  But the story continues. In next month’s History is Power! Lecture, we will examine racial justice and other modern issues faced by African Americans. Jumping ahead, the problem of racial justice continues to elude African Americans. We will look at specific cases and events and how they have been handled. Some of these events occur in the criminal justice system, others are in the educational system. Still others are an economic issue. There is so much that needs to be done. There is still much to do.  But many groups and individuals are working hard to make America into an equal and fair country for all of its citizens, regardless of race, gender, religion or orientation.

I hope that you have enjoyed these two lectures on the Civil Rights Movement.  There are, of course lots of movies, books and documentaries made about civil rights and I hope that you also enjoy them. There is so much to learn and you will learn of the courage and strong moral force of the protesters. And I would love to hear your opinion about them on robinlofton.com. We should share this great information. BTW, I would love your opinion about the new film, Selma, which opened in January. It received two Oscar nominations (I was hoping for more!) but I would like to know what you thought of the movie. And please remember that, for everyone who listens to this podcast, I will make a donation to the Association for the Study of African American Life & History. It’s a great organization and it’s an honor to support them.

So, I look forward to seeing you again at robinlofton.com. Let’s remember history. And let’s make it.