For DR.CLOVER: Government Essay Final Paper - Civil Rights Act 1964

The Civil Rights Act of 1964

Jaden Thomas

POL201: American National Government

Professor Eirich

July 29th, 2019

The Civil Rights Act; A Way of Promoting Democracy

Saying that America has not witnessed growth in its political, legislative, and administration system would be a lie. No other area has recorded more change than the legislation. To be more precise, the nation has grown extensively in terms of civil rights. As dated in history, the United States, for a long time, was a very publicly discriminatory country, primarily in the southern states. African Americans and other minorities, were discriminated against based on their race, color, religion, sex, and national origin. However, the U.S. national government has gone beyond measure to put an end to this discrimination, with the desire/goal of promoting equality across the country. The enactment of the Civil Rights Act of 1964 has played a crucial role in reducing the Act of discrimination in the nation. Whether it may be at a public school, a movie theatre, or a restaurant. The Civil Rights Act of 1964 had a significant effect on America and its people. Furthermore, by examining and analyzing the constitutional and historical bases, U.S. government's check and balances implications on law enforcement, and the political, electoral and media coverage of the Civil Rights Act of 1964, I am inclined to argue that the Civil Rights Act is crucial; in terms of promoting a society that is free of discrimination.

President Lyndon Johnson signed the Civil Right Act to outlaw discrimination in America; discrimination based on sex, origin, color, religion, and race. Before the bill was signed, African Americans experienced extreme social injustice, enduring adverse effects of racism and discrimination, especially in the southern states. African Americans could not eat in certain parts of restaurants, couldn't drink from the same water fountain, and attend the same school as whites, and more (Jenkins & Peck, 2013). Even then, the Supreme Court ruled that Congress lacked the power to prevent social and economic discrimination, also following multiple civil right cases. The power that Congress had during this time to enforce the Civil Right Act was weak. Eventually, that power that Congress lacked was asserted by the official and final passing of the policy in 1964. By examining the civil rights act, it will be possible to associate the different changes that have taken place in the U.S. as far as civil rights are concerned.

Historical and Constitutional Background

After the American Civil War (1865), and after 4 million slaves had gained their freedom; Congress passed Civil Rights Laws ensuring constitutional rights for African Americans. In 1961, the then-President John F. Kennedy began to form a campaign to have equal rights for all Americans regardless of race and color. Unfortunately, he was assassinated before he could see the fruits of his campaign (Peretti, 2016). President Lyndon B. Johnson came in as the next President and picked up where president Kennedy had left off. Johnson pushed and had the Civil Rights Act though under resistance, enforced across the entire nation. Martin Luther, one of the nation's most celebrated civil rights activists, equated the Civil Rights Act as the second emancipation (Tushnet, 2015).

The biggest beneficiaries of the Act were African Americans. After slavery was abolished in the U.S., African Americans found it extremely difficult to find employment, as well as to be treated as freedmen with equal rights as White. Even after being granted their freedom after slavery, African Americans were continuously discriminated upon and treated as though they were less than the average White man. Segregation laws, such as Jim Crow Laws or Black codes, profoundly affected them as well as jeopardized their equality. These segregation laws were known as Jim Crow Laws and or Black Codes were not allowed to vote. African Americans were not allowed to vote, couldn't marry someone of a different race, and couldn't attend the same school as whites. However, through the Civil Rights Act of 1964, African Americans were granted equal rights; the law was on their side just as it was for white Americans. They were able to obtain jobs, and schools allowed for white and black children to interact.

The Civil Rights Act as well led to the passing of the Voting Rights Act of 1965; which aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote as guaranteed under the 15th Amendment to the U.S. Constitution (History.com Editors, 2009). Following, the 14th Amendment was also put forth enchanting the Civil Rights Act. Ratified in 1968, the 14th Amendment not only granted citizenship to all persons born or naturalized in the United States—including former slaves—, but it also guaranteed all citizens "equal protection of the laws" (History.com Editors, 2009).

Although the 14th and 15th Amendment were put forth to ensure and protect the constitutional rights of African Americans and other minorities. As stated earlier, they were never genuinely enforced in southern states. The above statement can be evidenced by prolonged segregation and discrimination in the Southern States as compared to the other areas in the U.S. In the Southern States of America, African Americans were constantly belittled, harassed and even killed just because of the color of their skin. This extreme discrimation and violence occurred both before and after the enactment of the Civil Rights Act. Making matters worse, the harassment as well came from law enforcers and others who had the responsibility of enforcing the laws and its requirements. It is because of the above, the slow and non-compliance of the demands of the Act, that checks and balances systems had to take action.

Checks and Balances

In the course of time, the U.S. government established the checks and balance systems to ensure that political power is not concentrated in the hands of individuals or groups. One of the systems that were put in place was the law enforcement agency. The law enforcement agency that consists of police officers and court officials are mandated by the law to ensure that laws are not broken and if they are broken, they are mandated to arrest and ensure that lawbreakers are punished for their crimes. After passing the Act in 1964, President Johnson signed an order that gave the A.G. powers to coordinate government agencies in law enforcement (Brown et al., 2005). The President, in short, instituted a check and balance system.

The Attorney-general was under strict order to ensure compliance of the Act demands, and he was to do so by coordinating the various agencies of the government. To ensure that there is no abuse of power, the three arms of the government are autonomous but are answerable to each other. Through the above balance, the government has been able to reduce the likelihood that civil rights are trampled upon by any of the three arms of the government that are charged with the responsibility of protecting the American people.

Another way through which balances and checks happen is through a judicial review process. The judicial review process is a way in which people or institutions can challenge the decisions or lawfulness of decisions of local governments and even the national government. Judicial review processes ensure that those in power do not abuse their power. A controversial judicial review process that cemented the Act was the upholding of the constitutionality of the Act through the Heart of Atlanta Motel v. the U.S. case. The Supreme Court dismissed the plea of the petitioner that his fifth and thirteenth constitutional amendment rights were being violated.

Public Policy, Elections, and Media

The Civil Rights Act and public policy

The Act up for discussion was an act that was meant to protect all Americans and people residing in America by ensuring that their rights are not violated. There have been various amendments to the Act as well as the introduction of new acts to protect the civil rights of people in America. An example of a law that came to complement the civil rights act was the LGBT Employment Antidiscrimination Law passed and campaigned for by President Obama. The law strictly banned the discrimination of people based on their sexual preferences. The law as well prohibited the discrimination of the LGBT community in their places of work (Kristen & Nahmias, 2018). The banning of the discrimination of the LGBT has furthered the advocacy for civil rights in the U.S.

The Act itself is a public policy or can be claimed to set the ground or foundation for social law because it makes the interaction of people more accessible and better. The civil rights act and its amendments continue making Americans united. In the past the nation was primarily divided into two; white Americans and black Americans. In the recent past, reports of black Americans and white Americans uniting for a common cause have become common. The above is an indication that the nation is slowly doing with what was polarizing it, racial discrimination.

The Civil Rights Act and elections

For a long time, Americans voted based on the race however during the elections that saw Obama become the President, that narrative was thrown out; a majority of Americans did not vote based on their race. The above is an indication that the civil rights act is achieving its goal as public policy; Americans are becoming more and more united due to their civil rights being honored and protected. Also, the Act guaranteed voting for all Americans; constitutional amendments and civil rights legislation disregards discrimination and guarantees voting (Stern, 1995). In the last elections, Hillary Clinton put the agenda of civil rights in her manifesto, and this helped her in getting the votes that she did in the election. As much as she did not win the presidential seat, Clinton put the agenda of civil rights in the mouth of the people and through that many Americans have been able to push for their rights and stand against the abuse of civil rights.

The Act and the media

The media and what they report have significantly been impactful in the push for the protection of civil rights. It is ubiquitous for media houses to give a blackout to politicians who seem to want or campaign for the breaking of civil rights laws. Also, media houses have been advocating for a united America; a nation where civil rights are not trampled upon. For example, the media portrays the civil Act of 1965 as a source of national change as it promoted democracy by putting an end to racial segregation.

Voting and the Election Process

Other than doing away with the segregation rules and laws and outlawing discrimination in the U.S., the other most significant impact of the Act was felt on the election process. The Act up for discussion made it possible for African Americans to vote. The Act emphasized on putting an end to discrimination against blacks' access to the ballot. Since the passage of the Act up for discussion, Marginalized Americans have used it to challenge harassment and discrimination based on anything.

The Act up for discussion advocated for the rights of all American citizens regardless of color, race, or origin. The Act aimed to provide equal treatment and opportunities to All Americans, including giving them the right to vote. In reference to the 15th Amendment, the voting rights Act Signed into law by President Johnston intended to solve legal challenges that prevented the blacks from participating in elections as safeguarded by the 15th Amendment (Millhiser, 2017).

Conclusion

The Act up for discussion was the most effective legislation Congress enacted, and this can be evidenced by the fact it has helped to depolarize the nation as well as unite the country. The Civil Rights changed the United States both socially and politically. This legislation contained extensive measures to combat racial segregation. From the segregated South, those who advocated for the Act transformed American history by creating a democratic nation with equality under the law. The fact that all laws are under checks and balances ensures that the laws are for the people and that laws protect the people. The Civil Rights Act and its amendments have checks and balances that ensure that the rights of people are protected and that those in power do not overstep their boundaries or do not abuse their power.

Therefore, The Act is significant to the U.S. Constitution as it economically equalized the Whites and the African Americans in the U.S. The above is evidenced by the fact that the Act has put to an end to segregation while at the same time has strengthened the nation's democracy. In conclusion, the Act up for discussion has been crucial to the American people in terms of promoting a society that is free of discrimination.

References

Brown, K., Royer, S., Waterhouse, J., & Ridge, S. (2005). Virtual workforces and the shifting frontier of control. The Journal of Industrial Relations, 47(3), 310-325. Retrieved from EbscoHost database.

Jenkins, J. A., & Peck, J. (2013). Building toward major policy change: Congressional action on civil rights, 1941-1950. Law and History Review, 31(1), 139-198. Retrieved from EbscoHost database.

Kristen, E., & Nahmias, D. (2018). The Writing on the Wall: The Future of LGBT Employment Antidiscrimination Law in the Age of Trump. Berkeley Journal of Employment & Labor Law, 39(1), 89. Retrieved from EbscoHost database.

Millhiser, I. (2017). Federalism in a Time of Autocracy. Yale Law & Policy Review, 35(2), 521–538.

Peretti, B. W. (2016). Paul H. Santa Cruz. Making JFK Matter: Popular Memory and the Thirty-Fifth President.

Stern, M. (1995). Party alignments and civil rights: Then and now. Presidential Studies Quarterly, 25(3), 413.

Tushnet, M. (2015). Civil Rights Policy.