1870, AND 1871 ARE USUALLY CALLED THERACE AND ETHNICITY DEVELOPE...

1866, 1870, and 1871 are usually called the

race and ethnicity developed with the first

Reconstruction Civil Rights Acts. The provi-

arrivals of each alien group. Thus, the Chinese,

sions of these acts are both civil and criminal in

Japanese, Italians, Jews, Hispanics, Vietnamese,

nature, and several of these statutes have

Somalis, and other groups have encountered

assumed great importance in modern civil

hostility and bias when they have tried to find

rights

LITIGATION

. The most important of these

jobs or places to live. Since the 1960s, federal

statutes, 42 U.S.C.A. § 1983, provides that any

CIVIL

RIGHTS

laws and U.S.

SUPREME

COURT

person who under

COLOR

OF

LAW

subjects

decisions have sought to combat illegal discrim-

another individual to the deprivation of any

ination based on race or ethnicity.

federal right shall be liable to the injured party

In the aftermath of the Civil War, Radical

in an action at law or in equity. A similar

Republicans in the Congress were determined

provision in the federal criminal code imposed

to protect the civil rights of blacks. They enacted

penal sanctions against persons who willfully

the Thirteenth, Fourteenth, and Fifteenth

Amendments partially out of concern that

engage in such conduct (18 U.S.C.A. § 242).

232 RACIAL AND ETHNIC DISCRIMINATION

The modern

CIVIL RIGHTS MOVEMENT

began

The federal government ceased to enforce

with the Montgomery, Alabama, bus boycott in

these and other Reconstruction statutes in the

Southern states after federal

MILITARY OCCUPATION

1955 and 1956, led by Rev. Dr.

MARTIN LUTHER

ended in 1876. African Americans lost their

KING JR

. King

s approach, which centered on

nonviolent

CIVIL DISOBEDIENCE

, was met by public

right to vote and were excluded from juries as

and private resistance in the South. In the 1960s,

the white power structure reasserted control of

Congress responded by enacting a series of laws

the political and legal systems in the South. In

designed to end discrimination based on race

addition, the U.S. Supreme Court struck down

and ethnicity: the Civil Rights Act of 1964 (42

civil rights laws, including a broad statute that

U.S.C.A. § 2000e et seq.), the

VOTING RIGHTS ACT

barred racial discrimination in public transpor-

tation and accommodations, in large part

OF

1965 (42 U.S.C.A. § 1973 et seq.), and the

FAIR

because the court perceived a dangerous tilt in

HOUSING ACT OF

1968 (42 U.S.C.A. § 3601 et seq.).

The Supreme Court found these acts constitu-

the federal-state power relationship. By the end

tional, which signaled federal dominance over

of the nineteenth century, the court had made

matters previously thought to be within the

clear that it favored giving the states more

scope of state and local governments.

power than the federal government in regulat-

ing the actions of their citizens. The 1896

As of 2003, the Civil Rights Act of 1964 is

decision in

PLESSY V

.

FERGUSON

, 163 U.S. 537, 16 S.

the most comprehensive civil rights legislation

Ct. 1138, 41 L.Ed. 256 (1896), which endorsed

in U.S. history. Congress enacted it to end

the concept of separate but equal, legitimized

discrimination based on race, color, religion,

state-mandated racial segregation.

national origin, and sex. Title I of the act

guarantees equal voting rights by removing

At the beginning of the twentieth century,

registration requirements and procedures

the tidal wave of immigrants from Europe and

biased against minorities. Title II prohibits

the presence of more Chinese on the West

segregation or discrimination in places of public

Coast led to calls for immigration restriction.

accommodation involved in interstate com-

Discrimination against immigrants was com-

merce. Title IV deals with the desegregation of

monplace. The Chinese in California had

public schools, Title IV broadens the duties of

obtained a ruling a generation earlier from the

the Civil Rights Commission, and Title VI

Supreme Court that established a powerful legal

mandates nondiscrimination in the distribution

weapon against racial or ethnic discrimination.

of funds under federally assisted programs. The

In Yick Wo v. Hopkins, 118 U.S. 356, 6 S.Ct.

most important section is Title VII, which bans