Whereas, it is essential to just government we recognize the equality of all men before the law. Act of 1871 often referred to as the third enforcement act, the enforcement act of 1871, or the civil rights act of 1871, and today is often simply referred to as section 1983 after its present location in the united states federal code at 42 u. The following is the text of title vii of the civil rights act of 1964, as amended, as it appears at volume 42 of the united states code, beginning at section 2000e. Civil rights act of 1875 united states 1875 britannica. Civil rights act of 1870 antidiscrimination center.
The civil rights act of 1875 was the last federal civil rights bill signed into law until the civil rights act of 1957, enacted during the civil rights movement. With no constitutional authority to do so, congress creates a separate form of government for the district of columbia, a ten mile square parcel of land see. Supreme court declared the act unconstitutional in the civil rights cases 1883. An act to enforce the provisions of the fourteenth amendment to. The text of the sections of the cra that amend the laws enforced by eeoc i. Pdf this encyclopedia entry, for the civil rights act of 1871, describes the historical context as well as the substantive language of the statute find, read and cite all the research you. The two us constitutions national liberty alliance. This encyclopedia entry, for the civil rights act of 1871, describes the historical context as well as the substantive language of the statute. Civil rights act of 1871 law and legal definition uslegal, inc. Rather section 1983 provides a conduit for asserting the rights found in the constitution and other federal statutes. Civil rights act 1871 makes it a federal crime for any person acting under the authority of state law to deprive another person of rights protected under the constitution. Other laws enacted included the civil rights act of 1866, four reconstruction acts enacted in 1867 and 1868, and three reconstruction enforcement acts in 1870 and 1871. Act of 1871 bookstore act of 1871 1871, february 21.
Forces in some states were at work, however, to deny black citizens their legal rights. Congress passed this civil rights act in response to the black codes enacted by some southern states, which severely restricted the rights of the newly freed slaves. The organic act of 1871 with notes american national. The civil rights act of 1991 university of oklahoma. An act to protect all persons in the united states in their civil rights.
These include the civil rights act of 1866, the four reconstruction acts of 1867 and 1868, the three enforcement acts of 1870 and 1871, and the three constitutional amendments. Pdf this encyclopedia entry, for the civil rights act of 1871, describes the historical context as well as the substantive language of the statute find, read. The enforcement act of 1870, also known as the civil rights act of 1870 or first ku klux klan act, or force act was a united states federal law written to empower the president with the legal authority to enforce the first section of the fifteenth amendment throughout the united states. Section 1981 of the civil rights act of 1866 section 1981. Civil rights act of 1875 simple english wikipedia, the. The passage of the civil rights act of 1964 is recent history. Republican leaders were forced, however, to chip away at the. An act to protect all citizens in their civil and legal rights. Section 1983 is one of the primary means by which a plaintiff may assert a federal civil rights claim for damages against schools and school officials. Be it enacted by the senate and house of representatives of the united vol. Of a different mold from other private enforcement statutes. The civil rights act of 1871 is a united states federal law that prohibits ethnic violence against blacks. Hard on the heels of the fifteenth amendment, and passed in the face of continued and pervasive efforts to interfere with the rights of africanamericans to vote and otherwise participate equally in the civil life of the country, the civil rights act of 1870 contained a series of provisions designed to defend voting rights, prevent obstruction of justice, reaffirm the civil rights act f 1866. During reconstruction, congress enacted the civil rights act of 1870, also known as the enforcement act or the first ku klux klan act, in order to enforce the terms of the fifteenth amendment, which prohibited the states from denying anyone the right to vote based on race.
First introduced by one of congresss greatest advocates for black civil rights, senator charles sumner of massachusetts, in 1870, the original bill outlawed racial discrimination in juries, schools, transportation, and public accommodations. Congress followed the civil rights act of 1870 with an 1871 law to enforce the provisions of the fourteenth amendment to the constitution of the united states. The act of 1871 formed a corporation called the united states. Rainey, republican of south carolina, speaking on december 19, 1873 in response to an argument that the bill was unconstitutional under the reasoning of the slaughterhouse cases and pernicious in that it gave large numbers of colored persons the opportunity to demand their. Civil rights act of 1871 the civil rights act of 1871 is a united states federal law that prohibits ethnic violence against blacks. Speeches of africanamerican representatives addressing the. Civil rights act of 1871 legal definition of civil rights. Civil rights act of 1871 legislation us encyclopedia of law.
The act was passed to protect southern blacks from the ku klux klan by providing a civil remedy for abuses then being committed in the south. Civil rights act of 1871 legislation us encyclopedia. Jan 15, 2020 the civil rights act of 1875 was one of the main pieces of reconstruction legislation passed by congress after the civil war. Section 1981 of the civil rights act of 1866 section 1981 a federal law prohibiting discrimination on the basis of race, color, and ethnicity when making and enforcing contracts. The civil rights act of 1875 is notable as one of the major pieces of legislation related to reconstruction that were passed by congress after the american civil war. President andrew johnson vetoed the act, but congress overrode his veto.
The act also defined citizenship and made it illegal to deny any person of the rights of citizenship on the basis of their race or color. Civil rights act, consider what these bills set out to accomplish and also what their constitutional basis might have been in the constitution as of 1866. An act to provide a government for the district of columbia. Congress passes an act to provide a government for the district of columbia, also known as the act of 1871. An act to enforce the provisions of the fourteenth amendment to the. Civil rights liability in the public schools a 19th. States of america in congress assembled, that all that part of the terri districtofco. Addressing the civil rights bill of 1875 representative joseph h. It was the first time a major piece of legislation was passed into law without presidential approval. With the act of 1871, the organic constitution was defaced in effect vandalized and sabotage when the title was capitalized and the word for was changed to of in the. The 14th amendment, ratified in 1868, defined citizenship and guaranteed due process and equal protection of the law to all. Ku klux klan act, ku klux klan act 1871 julie davies the enforcement act 17 stat. Civil rights act of 1871 legal definition of civil rights act.
Legacy edit the civil rights act of 1875 is notable as the last major piece of legislation related to reconstruction that was passed by congress during the reconstruction era. The civil rights act of 1866 was the first federal law to affirm that all u. Eric foner on 1866 and the birth of civil rights youtube. The ku klux klan act of 1871 us house of representatives.
Civil rights act of 1871 by christine neylon obrien ssrn. Civil rights liability in the public schools a 19th century. Civil rights act of 1964, the 1964 civil rights act was the most farreaching civil rights act passed by the u. Members of the ku klux klan, for example, terrorized black citizens for. Civil rights act of 1875 teaching american history.
Enacted in the aftermath of the civil war, the law provided equitable remedies for citizens whose civil rights had been violated by those acting under the authority of the state. Enforcement acts, the civil rights act of 1875 and the general. Civil rights act of 1875 simple english wikipedia, the free. Civil rights act of 1871 april 20, 1871 congress followed the civil rights act of 1870 with an 1871 law to enforce the provisions of the fourteenth amendment to the constitution of the united states, which came to be known as the third enforcement act or the second ku klux klan act. On this date, the house passed the civil rights act of 1875 by a vote of 162 to 99. The civil rights act of 1871 made it a crime to deny any citizen equal protection under the law by means of force, intimidation or threat. Section 1981 specifically grants all individuals within the us jurisdiction the same rights and benefits as enjoyed by white citizens regarding contractual. The civil rights act of 1871 section 1983 was intended to provide a remedy in federal courts for former slaves whose rights were violated by the ku klux klan kkk or by state officials during the reconstruction period in american history. The corporation, owned by foreign interests, moved in and shoved the original constitution into a dustbin. This entry about civil rights act of 1871 has been published under the terms of the creative commons attribution 3. Speeches of africanamerican representatives addressing. 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.
The civil rights act of 1875 us house of representatives. The ku klux klan act, the third of a series of increasingly stringent enforcement acts, was designed to eliminate extralegal violence and protect the civil and political rights of four million freed slaves. However, section 1983 is not a source of federal rights. Civil rights act of 1871 section 1983 education law. United states in their civil rights, and to furnish the means of their vin. Civil rights act of 1871 april 20, 1871 like the prior years legislation, the act was designed in large part to protect african americans from klan violence during reconstruction, giving those deprived of a constitutional right by someone acting under color of law the right to seek relief in a federal district or circuit court. Whereas it is essential to just government we recognize the equality of all men before the law, and hold that it is the duty of government in its dealings with the people to mete out equal and exact justice to all, of whatever nativity, race, color, or persuasion, religious or political. Use of the civil rights acts of 1866 and 1871 to redress.