The Civil Rights Act of 1866 was the first law enacted by the United States Congress clearly defining U.S. citizenship and affirming that all citizens are equally protected by the law. The Act represented the first step, albeit an incomplete one,towards civil and social equality for Black Americans during the Reconstruction Period that followed the Civil War.
Civil Rights Act of 1866
- The Civil Rights Act of 1866 was the first federal law to affirm that all U.S. citizens are equally protected under the law.
- The Act also defined citizenship and made it illegal to deny any person the rights of citizenship on the basis of their race or color.
- The Act failed to protect political or social rights like voting and equal accommodations.
- Today, the Civil Rights Act of 1866 is cited in Supreme Court cases dealing with discrimination.
Where the Civil Rights Act of 1866 Succeeded
The Civil Rights Act of 1866 contributed to the integration of Black Americans into mainstream American society by:
- Establishing that “all persons born in the United States” are citizens of the United States;
- Specifically defining the rights of American citizenship; and
- Making it illegal to deny any person the rights of citizenship on the basis of their race or color.
Specifically, the 1866 Act stated that “all persons born in the United States” (except for Indigenous groups) were “hereby declared to be citizens of the United States” and that “such citizens of every race and color ... shall have the same right ... as is enjoyed by white citizens.” Just two years later, in 1868, these rights were further protected by the Fourteenth Amendment to the Constitution, which addressed citizenship and guaranteed all citizens equal protection under the law.
The 1866 Act reversed the 1857 Supreme Court ruling in the Dred Scott v. Sanford case, which held that because of their foreign ancestry, native-born, free African Americans were not U.S. citizens and thus had no rights to sue in American courts. The Act also sought to override the infamous Black Codes enacted in Southern states, which restricted the freedom of African Americans and allowed racially discriminatory practices such as convict leasing.
After first being passed by Congress in 1865 but vetoed by President Andrew Johnson, Congress again passed the bill. This time, it was re-framed as a measure to support the Thirteenth Amendment, which had banned slavery throughout the United States. Although Johnson vetoed it again, the required two-thirds majority in both the House and Senate voted to override the veto and the Civil Rights Act of 1866 became law on April 9, 1866.
In his veto message to Congress, Johnson stated that he objected to the federal government’s scope of enforcement implied by the legislation. Always a strong supporter of states’ rights, Johnson called the act “another step, or rather a stride, toward centralization and the concentration of all legislative power in the national Government.”
Where the Civil Rights Act of 1866 Fell Short
While certainly a forward step along the long road from slavery to full equality, the Civil Rights Act of 1866 left much to be desired.
The Act guaranteed all citizens, regardless of race or color, protection of their civil rights, such as the right to file suit, make and enforce contracts, and to buy, sell, and inherit real and personal property. However, it did not protect their political rights like voting and holding public office or their social rights that would ensure equal access to public accommodations.
This glaring omission by Congress was actually intentional at the time. When he introduced the bill to the House, Rep. James F. Wilson of Iowa summarized its purpose as follows:
"It provides for the equality of citizens of the United States in the enjoyment of "civil rights and immunities." What do these terms mean? Do they mean that in all things civil, social, political, all citizens, without distinction of race or color, shall be equal? By no means can they be so construed. Do they mean that all citizens shall vote in the several States? No; for suffrage is a political right which has been left under the control of the several States, subject to the action of Congress only when it becomes necessary to enforce the guarantee of a republican form of government. Nor do they mean that all citizens shall sit on the juries, or that their children shall attend the same schools. The definition given to the term 'civil rights' ... is very concise, and is supported by the best authority. It is this: 'Civil rights are those which have no relation to the establishment, support, or management of government.'"
Hoping to avoid President Johnson’s promised veto, Congress deleted the following key provision from the Act: “There shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory of the United States on account of race, color, or previous condition of servitude.”
1875 Brings One Step Forward, Several Steps Back
Congress would later attempt to correct the shortcomings of the 1866 Act with the Civil Rights Act of 1875. Sometimes referred to as the “Enforcement Act,” the 1875 Act guaranteed all citizens, including Black people, equal access to public accommodations and transportation in addition to prohibiting their exclusion from jury service.
Eight years later, however, the Supreme Court ruled in the Civil Rights Cases of 1883 that public accommodation sections of the Civil Rights Act of 1875 were unconstitutional, declaring that the Thirteenth and Fourteenth Amendments did not give Congress the power to regulate the affairs of private individuals and businesses.
As a result, Black people, though legally “free” U.S. citizens, continued to face uncontrolled discrimination in almost all areas of society, economics, and politics. In 1896, theSupreme Court passed its Plessy v. Ferguson decision, which declared that racially-separate accommodations were legal as long as they were equal in quality and that the states had the power to enact laws requiring racial segregation in those accommodations.
Due to the range of the Plessy ruling, the legislative and executive branches avoided the issue of civil rights for almost a century, leaving Black people to suffer the inequities of Jim Crow laws and “separate but equal” public schools.
The Legacy of the Civil Rights Act of 1866: Equal at Last
Also in 1866, racist terrorist groups such as the Ku Klux Klan (KKK) were founded and soon spread into almost every southern state. This largely prevented the 1866 Civil Rights Act from being more immediately implemented to secure the civil rights of Black people. Although the Act made it illegal to discriminate in employment and housing on the basis of race, it failed to provide federal penalties for infringement, leaving it up to individual victims to seek legal relief.
Since many victims of racial discrimination were unable to access legal help, they were left without recourse. However, since the 1950s, the enactment of more comprehensive civil rights legislation has allowed for an increasing number of legal remedies arising from Supreme Court rulings based on the original Civil Rights Act of 1866, including the landmark decisions in Jones v. Mayer Co. and Sullivan v. Little Hunting Park, Inc. decisions in the late 1960s.
Civil rights movements that spread across the nation during the 1950s and 1960s rekindled the spirit of the Civil Rights Acts of 1866 and 1875. Enacted as key elements of the “Great Society” program of President Lyndon Johnson, the Civil Rights Acts of 1964, the Fair Housing Act, and the Voting Rights Act of 1965 all incorporated provisions of the 1866 and 1875 Civil Rights Acts.
Today, as cases of discrimination continue to crop up on topics such as affirmative action, voting rights, reproductive rights, and same-sex marriage, the Supreme Court commonly draws legal precedent from the Civil Rights Act of 1866.
Sources
- “Congressional Globe, Debates and Proceedings, 1833-1873” Library of Congress. Online
- Du Bois, W. E. B. “Black Reconstruction in America: 1860–1880.” New York: Harcourt, Brace and Company, 1935.
- Foner, Eric. “Reconstruction: America's Unfinished Revolution 1863–1877.” New York: Harper & Row, 1988.
- Supreme Court of the United States. Supreme Court Reporter, Jones v. Mayer Co.vol. 392, U.S. Reports, 1967. Library of Congress.
- Supreme Court of the United States. Sullivan v. Little Hunting Park. Supreme Court Reporter, vol. 396, U.S. Reports, 1969. Library of Congress.
- Wilson, Theodore Brantner. “The Black Codes of the South.” University: University of Alabama Press, 1965.
- Woodward, C. Vann. “The Strange Career of Jim Crow.” 3d rev. ed. New York: Oxford University Press, 1974.
FAQs
What was the main purpose of the 1866 civil rights Act? ›
It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States. An Act to protect all Persons in the United States in their Civil Rights and liberties, and furnish the Means of their Vindication.
What was the impact of the Civil Rights Act of 1866? ›First introduced by Senate Judiciary Chairman Lyman Trumbull of Illinois, the bill mandated that "all persons born in the United States," with the exception of American Indians, were "hereby declared to be citizens of the United States." The legislation granted all citizens the “full and equal benefit of all laws and ...
What did the Civil Rights Act of 1866 declare? ›Be it enacted . . . , That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as ...
What did the Civil Rights Act of 1866 do quizlet? ›The Civil Rights Act of 1866, 14 Stat. 27-30, enacted April 9, 1866, was the first United States federal law to define US citizenship and affirmed that all citizens were equally protected by the law. It was mainly intended to protect the civil rights of African-Americans, in the wake of the American Civil War.
Which of the following is protected by the Civil Rights Act of 1866 and the Fair Housing Act of 1968? ›The Civil Rights Act of 1866 outlawed racial discrimination in real estate transactions. The Civil Rights Act of 1968 outlawed discrimination in residential real estate transactions based on the following five protected classes: race, color, religion, national origin, and sex (gender).
Who proposed the Civil Rights Act of 1866? ›The Civil Rights Act of 1866 was the second of two bills proposed by Senator Lyman Trumbull of Illinois.
What were two results of the Civil Rights Act of 1866? ›The Civil Rights Act of 1866 was the first federal law to affirm that all U.S. citizens are equally protected under the law. The Act also defined citizenship and made it illegal to deny any person the rights of citizenship on the basis of their race or color.
Why was the Civil Rights Act 1866 vetoed? ›In the end, Johnson refused to sign the bill because he believed Congress had no right to guarantee citizenship within the states or to enforce legislation on the individual states.
Why is the Civil Rights Act of 1866 relevant to the real estate industry? ›One of these laws, the Civil Rights act of 1866 banned discrimination in the sale, transfer, lease or use of property, including real estate and housing. All citizens were granted the same rights enjoyed by white citizens in the use, purchase, lease, transfer, etc., of real estate and property.
What were the main features of the Act? ›The ACT contains four multiple-choice tests—English, mathematics, reading, and science—and an optional writing test. These tests are designed to measure skills that are most important for success in postsecondary education and that are acquired in secondary education.
What is the difference between the Civil Rights Act of 1866 and the 14th Amendment? ›
Unlike the 1866 act, however, the Fourteenth Amendment, ratified two years later, employs general language to prohibit discrimination against citizens and to ensure equal protection under the laws.
What are civil rights simple definition? ›Civil rights are personal rights guaranteed and protected by the U.S. Constitution and federal laws enacted by Congress, such as the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. Civil rights include protection from unlawful discrimination.
What was true about the provisions of the Civil Rights Act of 1866 quizlet? ›What were the provisions of the Civil Rights Act of 1866? It declared that all persons born in the United States (except Native Americans) were citizens, It also said that all citizens were entitled to equal rights regardless of their race.
How did the Civil Rights Act of 1866 become law quizlet? ›How did the civil rights act of 1866 become law? The civil rights Act of 1866 gave African American citizenship and forbade states from passing discriminatory laws. It was passed after congress voted to enlarge and continue the Freedmen's Bureau.
What was one way in which the Civil Rights Act of 1866 protected the rights of African Americans quizlet? ›What was one way in which the Civil Rights Act of 1866 protected the rights of African Americans? Overturned black codes.
Which court case prohibits discrimination based on race by upholding the 1866 Civil Rights Act and the 13th Amendment to the US Constitution which prohibit slavery? ›(B) Jones v. Mayer Hint: Jones v. Mayer prohibits discrimination based on race by upholding the 1866 Civil Rights Act and the 13th Amendment to the U.S. Constitution, which prohibits slavery.
What is the difference between the Civil Rights Act of 1866 and 1964? ›The Civil Rights Act of 1866 granted citizenship to those born in the United States, whereas in 1964 the act prohibited discrimination. In the years leading up to 1964, more riots and protest took place, creating a need for revisions.
Who handles complaints relating to Civil Rights Act of 1866? ›The answer is must be taken directly to federal courts. Complaints under the Civil Rights Act of 1866 are heard in federal courts.
What rights did the Civil Rights Act of 1866 granted all citizens check all of the boxes that apply? ›It granted citizenship to all individuals living in the United States. It enfranchised all male citizens and gave them the right to vote. It prevented states from denying citizens equal protection under the law. It allowed states to seize citizens' property without due process of the law.
Who passed the Civil Rights Act? ›Despite Kennedy's assassination in November of 1963, his proposal culminated in the Civil Rights Act of 1964. President Lyndon Johnson signed it into law just a few hours after it was passed by Congress on July 2, 1964.
Did the Civil Rights Act of 1866 became the 14th Amendment? ›
On June 16, 1866, the House Joint Resolution proposing the 14th Amendment to the Constitution was submitted to the states. On July 28, 1868, the 14th amendment was declared, in a certificate of the Secretary of State, ratified by the necessary 28 of the 37 States, and became part of the supreme law of the land.
What were the main features of the Act? ›The ACT contains four multiple-choice tests—English, mathematics, reading, and science—and an optional writing test. These tests are designed to measure skills that are most important for success in postsecondary education and that are acquired in secondary education.
What were the main features of the Reconstruction Act? ›The Main Features of the Reconstruction Act were: To divide the seceded states into five military districts. Each state had to draft a new state constitution, which would have to be approved by Congress. That each state had to ratify the 14th Amendment prior to readmission to the Union.
Why did the Congress pass the Civil Rights Act of 1866? ›The Thirteenth Amendment, ratified by the states on December 6, 1865, abolished slavery “within the United States, or any place subject to their jurisdiction.” Congress passed a civil rights act in 1866, over Andrew Johnson's presidential veto, to provide basic rights to freedmen, including the right to enforce ...
Why is the Civil Rights Act of 1866 relevant to the real estate industry? ›One of these laws, the Civil Rights act of 1866 banned discrimination in the sale, transfer, lease or use of property, including real estate and housing. All citizens were granted the same rights enjoyed by white citizens in the use, purchase, lease, transfer, etc., of real estate and property.
What does SAT mean in school? ›Today, “SAT” has no meaning as an acronym. The SAT acronym originally stood for “Scholastic Aptitude Test” but as the test evolved the acronym's meaning was dropped.
What are 10 civil rights? ›- Freedom of speech.
- Freedom of the press.
- Freedom of religion.
- Freedom to vote.
- Freedom against unwarranted searches of your home or property.
- Freedom to have a fair court trial.
- Freedom to remain silent in a police interrogation.
All states were required to employ a military leader from the North (Marshall Law). All states were required to ratify the 14th Amendment prior to readmission into the Union. State constitutional conventions were required to draft new governing documents that included laws on black male suffrage.
Was Reconstruction a success or failure? ›Reconstruction was a success in that it restored the United States as a unified nation: by 1877, all of the former Confederate states had drafted new constitutions, acknowledged the Thirteenth, Fourteenth, and Fifteenth Amendments, and pledged their loyalty to the U.S. government.
What were the three features of the Reconstruction Acts of 1867? ›
Voters were to be registered; all freedmen were to be included as well as those white men who took an extended loyalty oath. State constitutional conventions, comprising elected delegates, were to draft new governing documents providing for black male suffrage.
Which was a direct result of the civil rights movement? ›The Civil Rights Act of 1964, which ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin, is considered one of the crowning legislative achievements of the civil rights movement.
What is the difference between the Civil Rights Act of 1866 and the 14th Amendment? ›Unlike the 1866 act, however, the Fourteenth Amendment, ratified two years later, employs general language to prohibit discrimination against citizens and to ensure equal protection under the laws.
Who passed the Civil Rights Act? ›Despite Kennedy's assassination in November of 1963, his proposal culminated in the Civil Rights Act of 1964. President Lyndon Johnson signed it into law just a few hours after it was passed by Congress on July 2, 1964.
What is the difference between the Civil Rights Act of 1866 and 1968? ›While the Civil Rights Act of 1866 prohibited discrimination in housing, there were no federal enforcement provisions. The 1968 act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, and since 1974, sex.
What is the difference between the Civil Rights Act of 1866 and 1964? ›The Civil Rights Act of 1866 granted citizenship to those born in the United States, whereas in 1964 the act prohibited discrimination. In the years leading up to 1964, more riots and protest took place, creating a need for revisions.
What did the Civil Rights Act of 1968 accomplish? ›An expansion of the landmark Civil Rights Act of 1964, the Civil Rights Act of 1968, popularly known as the Fair Housing Act, prohibits discrimination concerning the sale, rental, or financing of housing based on race, religion, national origin, and sex.