Civil Rights Act of 1866

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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 piece of United States legislation that gave further rights to the freed slaves after the end of the American Civil War.

Contents

[edit] Contents of Act & Controversy

Throughout American history several pieces of legislation have been called the Civil Rights Act - this was the third such act. It was the most important action by Congress towards protecting the rights of Freedmen during Reconstruction. The Republican-dominated United States Congress passed the act in March 1866, as a counterattack against the Black Codes in the southern United States, which had been recently enacted by all former slave states following the passage of the Thirteenth Amendment to the United States Constitution. Included in the Civil Rights Act were the rights to: make contracts, sue, bear witness in court and own private property. President Andrew Johnson vetoed the bill, saying that blacks were not qualified for United States citizenship and that the bill would "operate in favor of the colored and against the white race."

The Republicans in congress overrode the presidential veto on April 9, 1866. The act declared that "all persons born in the United States not subject to any foreign power, excluding Indians not taxed," were citizens of the United States. Such citizens were "of every race and color" and "without regard to any previous condition of slavery or involuntary servitude."[1] 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 estate 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 and/or imprisonment not exceeding one year.

[edit] Consequences

A far-reaching consequence of this act is that since 1866, it has been illegal to discriminate in housing based on race. However, federal solutions were not provided for, and 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.

Section 1981 of the 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 African Americans, Asian Americans, white Americans and other groups.

Based on Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987) 107 S.Ct. 2019, the Civil Rights Act of 1866 covers people of the Jewish religion[2] (even though Judaism is not a race) because at the time the act was passed, Jewish people were considered a distinct race. Section 1981 of the Civil Rights Act of 1866 protects from discrimination identifiable classes of persons who are subjected to intentional discrimination solely because of their ancestry or ethnic characteristics. Similarly, Arabs are protected under the act. Although Arabs may now be classified as Caucasians, at the time the Act was written, Arabs were considered a different race.[3]

[edit] Footnotes

  1. ^ An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication. United States Statutes at Large, Vol. 14, pg. 27 (14 Stat. 27)
  2. ^ Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987) 107 S.Ct. 2019 | finduslaw
  3. ^ Saint Francis College v. Al-Khazraji, 481 U.S. 604 (1987) 107 S.Ct. 2022 | finduslaw

[edit] See also

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[edit] References

 This article does not cite any references or sources. (January 2007)
Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed.
  • Herman Belz. A New Birth of Freedom: The Republican Party and Freedom Rights, 1861 to 1866 (2000)
  • Eric Foner. Reconstruction: America's Unfinished Revolution, 1863-1877 (1988)

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