Civil Rights Act of 1866

From Wikipedia, the free encyclopedia

Jump to: navigation, search

14 Stat. 27, April 9, 1866 A.D. Civil Rights Act of 1866
39th United States Congress
Long title:	CHAP XXXI. — An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their vindication.
Authored by:
Introduced by:
Dates
Date passed:	House: April 9, 1866 Senate: April 6, 1866.
Date signed into law:	1866
Amendments:
Related legislation:

The Civil Rights Act of 1866 is a federal law in the United States declaring that everyone born in the U.S. and not subject to any foreign power is a citizen, without regard to race, color, or previous condition of slavery or involuntary servitude. As citizens they could make and enforce contracts, sue and be sued, give evidence in court, and inherit, purchase, lease, sell, hold, and convey real and personal property. Persons who denied these rights to former slaves were guilty of a misdemeanor and upon conviction faced a fine not exceeding $1,000, or imprisonment not exceeding one year, or both. The activities of organizations such as the Ku Klux Klan undermined the workings of this act and it failed to guarantee the civil rights of African Americans. This statute does not cover visitors, diplomats, and Native Americans in the United States on reservations. It was aimed at the Freedmen (freed slaves) and was a major policy during Reconstruction. It was vetoed by President Andrew Johnson^[1], then passed over his veto by Radical Republicans in Congress.^[2]
Parts of the act continue in effect in the 21st century, in the United States Code:^[3]

"All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other."

This is based on section one of the 1866 act.^[4]

Contents [show] 1 Consequences 2 Reenactment 3 See also 4 Notes 5 Further reading 6 External links

[edit] Consequences

The far-reaching consequence of this act is that since 1866 it has been illegal in the U.S. to discriminate in jobs and housing on the basis of race. However, federal penalties were not provided for, so that remedies were left to the individuals involved. Because those being discriminated against had limited access to legal help, this left many victims of discrimination without recourse. Since the latter half of the 20th century, there have been an increasing number of remedies provided under this act, including the landmark Jones v. Mayer decision in 1968.^[5]
Section 1981 (the original Civil Rights Act of 1866) was the first major anti-discrimination employment statute. This act prohibited employment discrimination based on race and color. This Act has been interpreted by the Supreme Court to protect all ethnic groups.

[edit] Reenactment

Some members of Congress voted for the Fourteenth Amendment to eliminate doubts about the constitutionality of the Civil Rights Act of 1866.^[6] Subsequently, the 1866 Act was re-enacted in 1870, as Section 18 of the Enforcement Act of 1870.^[7]

[edit] See also

• American Civil Rights Movement

[edit] Notes

1. ^ See veto message by President Andrew Johnson.
2. ^ Belz (2000)
3. ^ 42 U.S.C. § 1981
4. ^ See Civil Rights Act of 1866 (full text) via the Online Library of Liberty.
5. ^ Player (2004).
6. ^ Jones v. Mayer, 392 U.S. 409 (1968).
7. ^ See Enforcement Act of 1870 (full text) via the Online Library of Liberty.

[edit] Further reading

• Belz, Herman. A New Birth of Freedom: The Republican Party and Freedom Rights, 1861 to 1866 (2000)
• Foner, Eric. Reconstruction: America's Unfinished Revolution, 1863–1877 (1988)
• Hyman, Harold M. A More Perfect Union (1975)
• Player, Mack A. Federal Law of Employment Discrimination in a Nutshell (2004)
• Tsesis, Alexander. The Thirteenth Amendment and American Freedom: A Legal History (2004)

[edit] External links