Policy Analysis

Policy Selection and Background

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Policy Selection and Background

A major social justice problem in the US is the discrimination that African Americans are subjected to. Compared to white people, African Americans tend to be oppressed and be mistreated in various contexts such as being denied equal opportunities to access social services. The discrimination and oppression that they face due to their skin color have also led to the deaths of many African Americans and limited access to various opportunities such as economic prosperity and quality healthcare, among others. In this context, this paper reviews a policy that was enacted by Congress to deal with the discrimination that African Americans face.

The selected policy that is connected to this social justice problem is the Civil Rights Act of 1964. The purpose of this policy is to prohibit the segregation of American citizens based on race, national origin, or religion in all public areas (Hersch & Shinall, 2015). Thus, the Act ensures that African Americans cannot be denied any social services based on their skin color. There are several programs and services that are provided through the policy. For example, Title VII of the Act prohibits the discrimination of people by labor unions and employers based on gender, race, national origin, and religion. The Equal Employment Opportunity Commission facilitates this program and has the mandate to file lawsuits on behalf of the aggrieved parties. Additionally, the Act has prohibited the utilization of federal funds to facilitate any discriminatory program in the country. The Act also ensures that all people have equal voting rights and that the Department of Education has the mandate to prevent racial segregation in learning institutions.

The social justice problem of African Americans being discriminated against is not a new problem that has recently arisen but rather an old one that seemingly never gets fully resolved. Certain historical issues led to the creation of the social problem and the policy development. The problem can be traced back to the 17th century when Africans were sold to America as slaves. Due to their skin color, they were perceived as inferior to white people. This is a misconception that has stuck with many white people to date (Hersch & Shinall, 2015). The fate of enslaved people in the US is something that divided the country during the Civil War and long after the war. After the Civil War, three amendments were made to the constitution to abolish slavery and deal with the racism faced by minority groups in the country. The 13th Amendment abolished slavery, the 14th Amendment gave citizenship to formerly enslaved individuals, and the 15th Amendment gave all men voting rights regardless of their race (Aiken, Salmon, & Hanges, 2013).

However, many states, especially the southern ones, created hurdles to keep African Americans disenfranchised, for instance, using literacy tests, poll taxes, and Jim Crow laws, which gave power to white supremacists groups to undertake violent acts against African Americans. The legacy of slavery and racism persisted in the country and it spurred resistance movements such as the Montgomery Bus Boycott, the Underground Railroad, and the Selma to Montgomery March. Currently, there is the Black Lives Matter Movement. Throughout the years, these movements have spurred black writers, artists, and leaders to emerge in the country and shape the identity and character of the US.

It is worth noting that certain legislative leaders influenced the policy historically. In 1963, President John F. Kennedy made a proposal for the most comprehensive civil rights legislation at the time as he asserted that the country would only be fully free if all Americans are free. Following his assassination, President Lyndon B. Johnson took over his quest in Congress. However, as the House of Representatives debated the proposed legislation, southerners argued that the proposal unconstitutionally usurped states’ rights and individual liberties. Regarding the voting outcomes for the policy, the bill was approved by the House following a bipartisan vote of 290-130 (Aiken, Salmon, & Hanges, 2013).

When the bill was taken to the Senate, it was debated extensively. Eventually, it received the two-thirds votes that were necessary to cease the debate in a 73-27 final vote tally in favor of the bill (Aiken, Salmon, & Hanges, 2013). One notable supporter of the bill was Senator Clair Engle from California was too ill to speak and had to vote by pointing to his eye as a way of signaling the ‘aye’ word to show his support. Other major legislative leaders who supported the bill were Everett Dirksen and Hubert Humphrey. It is also essential to acknowledge civil rights leaders like Roy Wilkins and Martin Luther King Jr. (MLK) whose roles in the civil rights movement were instrumental in pushing Congress to pass the Civil Rights Act (Aiken, Salmon, & Hanges, 2013). On July 2, 1964, President Johnson signed the bill into law.

These historical features have had a major impact on the policy’s implementation. For starters, it is important to note that Democrats were the ones who largely supported the bill while the Republicans rejected it. This explains why most southern states have been largely Republican strongholds over the years. However, at the present, all legislative leaders openly influence the policy. With the country being more progressive than before, leaders are conscious of their image, and those who do not support civil rights, if any, do not openly acknowledge their prejudices. More so, the elected leaders come from diverse races, genders, and backgrounds. Hence, it is clear that the Civil Rights Act of 1964 is gaining strength over the years due to the diversity witnessed in public spaces.

The Civil Rights Act of 1964 was referred to by MLK as ‘a second emancipation.’ This Act laid the foundation for the many rights and freedoms that the constitution currently affords to African Americans and other minority or marginalized groups in the country such as women, the disabled, and the elderly, among others. The Act facilitated the creation of two follow-up laws. The first one is the 1965 Voting Rights Act, which banned the use of literacy tests and any discriminatory practices that prevent black people from voting. The second one is the 1968 Fair Housing Act, which prohibited discrimination in the financing, renting, and sale of property.

Although discrimination has legally been defeated in the country, practically, racism continues ravaging the country and prevents African Americans from fully enjoying their social rights. Over the years, the hallmarks of American democracy – prosperity, freedom, and opportunity – have largely been a reserve for the white community via the intentional oppression and exclusion of people of color (Wiecek, 2011). The deep ethnic and racial inequities that currently exist in the country are being driven by structural and institutional racism. There are contemporary and historical norms, practices, and policies, which continue creating and maintaining white supremacy. Hence, structural and institutional racism continue to disproportionately segregate individuals based on their race, which prevents the minority groups like African Americans from accessing various economic opportunities and upward mobility; this makes it challenging for African Americans to secure quality healthcare, housing, jobs, education, and fair treatment from the criminal justice system (Wiecek, 2011).

In conclusion, a major social justice problem in the US is the discrimination that African Americans are subjected to. Compared to white people, African Americans tend to be oppressed and be mistreated in various contexts such as being denied equal opportunities to access social services. This is a trend that has been witnessed in the country since black people were brought into the US as slaves. However, the Civil Rights Act of 1964 was a major turning point in this regard because it legally prohibited the discrimination of people based on their ethnicity or race. This Act has enabled African Americans access to various opportunities that they could not dream of in the past. Nevertheless, there is a need to deal with institutional and structural racism to ensure African Americans have greater access to these opportunities.

References

Aiken, J. R., Salmon, E. D., & Hanges, P. J. (2013). The origins and legacy of the Civil Rights Act of 1964. Journal of Business and Psychology, 28(4), 383-399.

Hersch, J., & Shinall, J. B. (2015). Fifty years later: The legacy of the Civil Rights Act of 1964. Journal of Policy Analysis and Management, 34(2), 424-456.

Wiecek, W. M. (2011). Structural racism and the law in America today: an introduction. Ky. LJ, 100, 1.