The Civil Rights Movement in America by Charles W. Eagles

Author:Charles W. Eagles
Language: eng
Format: epub
Publisher: University Press of Mississippi
Published: 1986-01-15T00:00:00+00:00

Federal Law and the Courts in the Civil Rights Movement

CHARLES V. HAMILTON

What came to be known in the United States as the civil rights movement—from the early 20th century to the late 1960s—was first and foremost a movement to end de jure segregation in the country. Let this presentation begin with an unambiguous conclusion: that movement was successful. Blatant, overt laws requiring segregation of the races were declared unconstitutional, and laws denying and impeding the right of black Americans to vote were ended. In this sense, the civil rights movement that most people joined (or opposed) was won.

To be sure, there were always efforts at overcoming de facto segregation and discrimination. And equally clear, these efforts continue, but the first, fundamental goal of the civil rights movement—to square the statutes with the constitution—was achieved. Segregation effects and discriminatory practices remain, but this is the next, important phase of the struggle—Civil Rights II, if you will. But Civil Rights I is over, and it was successful.

This paper will focus on the role of the federal courts and federal laws in achieving that momentous victory. It will address the following proposition:

Changes in the civil rights of blacks resulted not just from protests and demonstrations carried out by individuals and organizations at the local level, but also from laws implemented by Congress and from the actions of federal judges.

The intent of this paper is to analyze the approach and impact of court decisions and laws. It is organized in four parts. First, the necessity and rationale for a judicio-legislative strategy. Second, the evolution of that strategy, covering voting rights cases, education, public accommodations, and the civil rights and voting rights laws. Here it will discuss the courts’ willingness to overrule the efforts of subterfuge practiced by local segregationists. Third, the inter-relationship of laws and protests. Fourth, a concluding section discussing the movement from “rights to resources,” and the issues law and courts will be called upon to address. Dealing with the last set of problems will point out the differences between the earlier civil rights movement and the current phase, as well as the limitations of and opportunities for a judicio-legislative strategy.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.