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The civil rights act of 1964

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"A civil right is an enforceable right or privilege, which if interfered with by another gives rise to an action for injury. Examples of civil rights are freedom of speech, press, assembly, the right to vote, freedom from involuntary servitude, and the right to equality in public places. Discrimination occurs when the civil rights of an individual are denied or interfered with because of their membership in a particular group or class. Statutes have been enacted to prevent discrimination based on a persons race, sex, religion, age, previous condition of servitude, physical limitation, national origin and in some instances sexual preference"(www.law.cornell.edu).


The Civil Rights Act of 164 was one of many pieces of legislation that was geared towards improving life for African Americans and other minorities. Although the thirteenth, fourteenth, and fifteenth amendments were made to the Constitution after the Civil War, outlawing slavery, providing equal protection under the law, guaranteeing citizenship, and protecting the right to vote for all Americans, not all of these laws were enforced. African Americans began to organize and protest their inequalities after World War II in the 150s. It was not until the passing of the Civil Rights Acts of 157, 160, and 164, that African Americans began to feel that steps were finally being taken to create a racially equal country.


The Civil Rights Act of 164 barred unequal application of voter registration requirements, but did not abolish literacy tests sometimes used to disqualify African Americans and poor white voters. This act outlawed discrimination in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce, but exempted private clubs without defining "private," thereby allowing a loophole. The act also encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to force desegregation, but did not authorize busing as a means to overcome segregation based on residence and authorized, but did require, the withdrawal of federal funds from programs which practiced discrimination. And finally, this act outlawed discrimination in employment in any business exceeding twenty-five people and creates an Equal Employment Opportunities Commission to review complaints, although it lacked meaningful enforcement powers


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The United States Congress took the first steps in enacting a major civil rights legislation after the decision made in the 154 court case dealing with racial segregation in public schools, Brown v. Board of Education of Topeka, Kansas. In this case, the court had struck down the previous legal stand of "separate but equal" clause that had been used in all previous cases dealing with this issue. This practice of separating African Americans and white children in public schools had been unpopular among many civil rights leaders, and the Supreme Court agreed stating,


"To separate black children from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way never to be undone...We conclude that in the field of public education the doctrine of separate but equal has no place. Separate educational facilities are inherently unequal"(Brown v. Board of Education).


Congress had considered passing a civil rights legislation every year from 145 until 157, but the Southern Democrats filibustered to prevent the passing into a bill. It was not until 157, when attention was turned to equal voting rights, that Congress was able to pass through its first civil rights act of the twentieth century. This act though was very weak because the liberals allowed the Southern Democrats to water the bill down so it would be passed. The Civil Rights Act of 157 was followed shortly by the Civil Rights Act of 160, and paved way for the Civil Rights Act of 164.


The Civil Rights Act of 164 was passed after the assassination of President Kennedy. Kennedy, who was a big proponent of civil rights, sent Congress a strong message on the immediate need for civil rights legislation stating,


"The Negro baby born in America today...has about one-half as much chance of completing high school as a white baby born in the same place on the same day; one-third as much chance of completing college; one-third as much chance of becoming a professional man; twice as much chance of becoming unemployed...a life expectancy which is seven years less; and the prospects of earning only half as much"(Congressional Quarterly Weekly Report).


President Kennedy's strong words however were not backed up by a strong legislation proposal. The Civil Rights Act of 164 was submitted in June of 16 but was not sent to the Senate until the President Johnson era, after the death of Kennedy. President Johnson pushed through all of his legislation before presenting a new civil rights legislation. He did this so that when it was time for Congress to hear the new legislation, Congress could not use the threat of filibustering to delay other legislation, because it had already been passed.


The individual efforts of now such famous historical figures like Martin Luther King Jr. And Malcolm X leading protests and marches to gain national attention for equality, helped to generate large public support for civil rights from African Americans and whites as well. And of course their was Rosa Parks, who refused to give up her seat on a bus. If it weren't for the likes of these civil rights activists, as well as President's Kennedy and Johnson, then we would not be where we are today, in regards to equality. With every passing year our nation gets that much closer to the actualization of Martin Luther King Jr.'s dream.


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