Home Civil Rights Movement Civil Rights Movement

Civil Rights Movement

Civil Rights Movement

June 20, 2022

2199

This article is written by J Jerusha Melanie, a student of SRM School of Law, Tamil Nadu. This article presents an exhaustive elucidation of the history and the outcome of the Civil Rights Movement in USA.

It has been published by Rachit Garg.

Table of Contents

Introduction

Discrimination promotes hatred. Hatred kindles anger. Anger leads to resistance. Resistance often paves the way for liberation. It is the hope of being free of discrimination that makes people protest. The Civil Rights Movement in the United States of America is one of its classic examples. It is a story of how a multitude of people from various races fought their way to break free from the clutches of racial and colour-based discrimination and got their civil rights acknowledged by the world. Let’s dive into the story.

What was the Civil Rights Movement

In short, the US Civil Rights Movement was a widespread campaign against racial discrimination and slavery of African Americans in the 1950s and 1960s. Following the American Civil War (1861–1865), the Fourteenth (1868) and Fifteenth Amendments (1870) to the Constitution of the United States (1787) technically granted them certain fundamental civil rights and blanket protection from slavery. However, their struggle to ensure federal protection of the rights continued, until it gained powerful momentum in the 1950s.

History of the Civil Rights Movement in USA

The genesis

The genesis of this Movement dates back to 1787 when the Constitution of the US was adopted. Though it sought to vest everyone with equal rights, it gave no civil rights like the right to life or liberty to the enslaved African Americans. Voting rights were restricted to the property-owning white males; further, other civil rights like the right to own land were often denied based on race and gender.

The so-called ‘free Blacks,’ who were the small portion of non-slave African Americans, were often subjects of racial discrimination and segregation. The enslaved African Americans often resolved to resist their oppression through minor, non-violent protests and petitions to the government. However, there was a long way to go for substantial improvements in their social status in the US.

The demand for voting rights

The first half of the Nineteenth century saw widespread movements to expand voting rights to non-property-owning white males. This fueled African Americans to demand their voting rights as well. The demands were projected in the form of massive slave rebellions. Nevertheless, they were shut down by various oppressive laws. For instance, the Nat Turner Slave Revolt of 1831 was suppressed by passing laws prohibiting the education, movement, and assembly of slaves.

In the 1830s, despite the attempts to suppress anti-slavery activities, a substantial number of African-Americans had freed themselves from the clutches of their masters. The freed slaves, along with a few whites who supported anti-slavery sentiments, formed the American Anti-Slavery Society under the leadership of William Lloyd Garrison in 1833.

The denial of citizenship claims

Unfortunately, the pro-black American protests met a severe setback in 1857. The Supreme Court of the US rejected the African American citizenship claims in the landmark case of Dred Scott v. John F.A. Sandford (1857). Further, it declared unconstitutional the Missouri Compromise (1820), which had proclaimed free all the people residing in the territories West of Missouri and North of latitude 36°30′.

The American Civil War (1865-70)

Meanwhile, the anti-slavery proponent Abraham Lincoln became President of the US in 1861. This prompted 11 Southern pro-slavery states to secede from the Union and form the Confederate States of America (also known as the Confederacy) in 1860-61. The attempt to secede was strongly condemned by President Lincoln. He called the seceding states to either return to the Union or have their slaves set free. None of the states returned. So, President Lincoln issued the Emancipation Proclamation in 1863. What followed the Proclamation was arguably one of the bloodiest wars in American history- the American Civil War (1861-65). The War witnessed the defeat of the Confederacy and the invalidation of the secession.

The Reconstruction period (1865-70)

Following President Lincoln’s victory, the US witnessed the long-awaited reconstruction period. It was during this period that the Constitution of the US experienced various amendments called the Reconstruction Amendments to abolish slavery and grant certain civil rights to former slaves. These amendments were:

Thirteenth Amendment (1865): It abolished slavery and involuntary servitude, except as a criminal punishment.
Fourteenth Amendment (1868): It granted citizenship and equal civil and legal rights to African Americans and former slaves.
Fifteenth Amendment (1870): It guaranteed citizens the right to vote, irrespective of race, colour, or previous servitude.

Nevertheless, the Amendments barely helped the slaves in the Confederate states, as the white leaders of the region enacted new laws to bring back racial segregation and discrimination. Also, in the infamous landmark case of Plessy v. Ferguson (1896), the Supreme Court of the US held that “separate but equal” facilities for African Americans did not violate the Fourteenth Amendment. The decision was widely condemned as there was ample evidence showing that the facilities provided to African Americans were inferior to those provided to Whites. So, the movements against racial and gender discrimination feebly continued till the early twentieth century.

The rise of resistance

Anti-discriminatory movements gained momentum during the early twentieth century. For instance, a Harvard University graduate and scholar, W.E.B. Du Bois formed the National Association for the Advancement of Colored People (NAACP) in 1909 along with various African American leaders. The NAACP worked and continues to work to eradicate colour-based segregation and discrimination by instituting lawsuits and publicizing incidents of racial prejudice.

One of the prominent cases instituted by the NAACP is the case of Brown v. Board of Education (1951). In this case, the segregation of schools based on colour was challenged. Rejecting its own decision given in the Plessy v. Ferguson case, the Supreme Court of the US unanimously rules that racial segregation in public schools violates the Fourteenth Amendment of the Constitution of the US. It condemned the act of providing separate facilities for Whites and African Americans. This case arguably laid the foundation for the Civil Rights Movement. The series of events that followed this case constitute the US Civil Rights Movement.

Key events of the Civil Rights Movement in USA

Montgomery Bus Boycott (1955)

The Montgomery bus boycott was a mass agitation against the bus system of Montgomery, Alabama. The event kickstarted when Rosa Parks, an African American woman, was jailed for refusing to give her bus seat to a White passenger. The refusal violated the local laws, which stated that African American passengers must be seated in the back, while Whites sat on the front seats.

What followed was a massive 381-day bus boycott organized by a newly formed Montgomery Improvement Association (MIA). The boycott resulted in Reverend Dr Martin Luther King Jr. being chosen as the head of the MIA. He soon became the face of the US Civil Rights Movement. His way of agitation was influenced by the Gandhian concepts of nonviolent resistance.

The boycott went on till 1956 when the Supreme Court of the US held the segregated bus system a violation of the Fourteenth Amendment of the Constitution of the US.

Greensboro sit-in (1960)

The Greensboro sit-in was another non-violent protest against the system of segregated lunch counters in Greensboro, North Carolina. The sit-in was demonstrated by four students of the North Carolina Agricultural and Technical State University and organized by the Congress for Racial Equality. After buying certain merchandise, they sat at a general merchandise store, Woolworth’s dining area, and requested service at the counter. However, their orders were refused by the waitstaff as the lunch counter was meant for the whites alone. The police arrived at the counter upon the call of the manager; however, they declared themselves helpless to take action as the four students were paying customers. The incident was instantly publicized by the media persons, who timely arrived on the spot upon the intimation of an anti-racist white local businessman named Ralph Johns.

The extensive media coverage resulted in the heavy condemnation of segregation, expressed through the widespread non-violent sit-ins demonstrated by thousands of students all over the country. The demonstrations turned out to be quite a success, as the segregated lunch counter system was completely abolished in Woolworths within months.

The Freedom Rides (1961)

The Freedom Rides were the bus journeys embarked on by anti-segregation activists to test the effectiveness of the US Supreme Court’s ban on interstate bus travel imposed in 1946. Their occupation of the “Whites only” seats led them to face extreme violence; the riders were beaten and buses were set on fire in South Carolina and Alabama. The Freedom Rides continued until US Attorney General Robert F. Kennedy ordered the Interstate Commerce Commission to stricter enforcement of the segregation ban.

March on Washington for jobs and freedom (1963)

The March on Washington was a peaceful political protest held in Washington, D.C. by various civil rights activists against racial discrimination in matters relating to employment. It also non-violently pressurized the President John F. Kennedy-led federal government to pass the proposed civil rights legislation. The march attracted over 2.00,000 protesters and was led by Martin Luther King Jr. himself. It was during this march that he gave his famous speech “I Have a Dream” to intensify the morale of the protesters.

The Birmingham Campaign (1963)

The Birmingham campaign was a non-violent protest by the Southern Christian Leadership Conference (SCLC). The campaign led by Martin Luther King Jr. and the local black leaders in Alabama aimed to bring national attention to the segregated public facilities in Birmingham. The protesters tried to peacefully attack the system of segregation by demonstrating sit-ins at libraries and lunch counters, kneel-ins at churches, etc. The demonstrators also boycotted a few businesses that hired only the White and maintained segregated toilets.

After turning the peaceful protest into an intense confrontation between the protesters and the local police, the local government obtained an injunction order from the state court against the protesters. Nevertheless, the protesters disobeyed the order and continued the campaign.

This led to King being arrested and imprisoned. It was during this imprisonment that King penned the notable “Letter from Birmingham Jail” on the margins of a newspaper. The letter was his response to a statement published by eight clergymen in Birmingham against the protesters. The campaign was called off by the demonstrators as a result of a compromise between them and the local government.

Freedom Summer Project (1964)

Freedom Summer was a peaceful project organized by the Student Nonviolent Coordinating Committee (SNCC) and the Congress of Racial Equality (CORE) to boost African American voters in Mississippi. The project involved the forming of Freedom Schools to educate African Americans on history and politics.

Poor People’s Campaign (1968)

The Poor People’s Campaign was another nonviolent effort to get economic justice for the economically backward people in the US, irrespective of their race or colour. It was organized by Martin Luther King Jr. and the SCLC. The protestors set up various protest camps on the Washington Mall and stayed there for six weeks. Different from the previous campaigns, the Poor People’s Campaign was focused on improving the civil rights of people of all races in the US, not just African Americans. Unfortunately, King was assassinated during this campaign, on April 4, 1968.

Result of the Civil Rights Movement in USA

After decades of struggle, the immediate and most notable effect of the US civil rights movement was the signing of the following laws:

The Civil Rights Act of 1964

In a nutshell, the Civil Rights Act (1964) was what the racially discriminated and segregated people in the US hoped for since the beginning of the Civil Rights Movement. It was the prime civil rights legislation in the US. It was proposed by President John F. Kennedy in 1963 and signed by President Lyndon B. Johnson on July 2, 1964.

The Act aimed to finish off discrimination and segregation on the basis of race, sex, religion, colour, or national origin. It provided equal access to public places and employment-related matters. It empowered federal law enforcement agencies to prevent racial discrimination.

The signing of the Civil Rights Act was a huge challenge to the government, pro-segregation leaders opposed the integration of African Americans. Also, the constitutionality of the Act was challenged and upheld by the Supreme Court of the US in the case of Heart of Atlanta Motel v. U.S. (1964).

The Voting Rights Act of 1965

The Voting Rights Act of 1965 aimed to safeguard the citizens of the US against racial discrimination in voting. It was signed by President Lyndon. The Act prohibits the state and local governments from imposing any rules that may deny the voting rights of any citizen on the basis of colour, race, etc.

The Fair Housing Act, 1968

The Fair Housing Act of 1968 aims to prohibit the discrimination of people on the basis of race, colour, religion, etc. in matters relating to housing. It criminalises the refusal to rent, mortgage, or sell housing on the basis of various discriminatory parameters. The Act was signed by President Lyndon.

Timeline of the Civil Rights Movement inUSA

The following is a brief timeline of the US Civil Rights Movement:

1831 – Nat Turner slave revolt
1857 – In the case of Dred Scott v. John F.A. Sandford, the Supreme Court of the US rejected the African American citizenship claims.
1861 – Abraham Lincoln became the 16th President of the US
1860 – 61- the Secession of the Confederacy
1863 – Issue of Emancipation Proclamation by President Lincoln
1961 – 65 – the American Civil War
1865 – 70 – the Reconstruction Period
1865 – the Thirteenth Amendment
1865 – the assassination of President Abraham Lincoln
1868 – the Fourteenth Amendment
1870 – the Fifteenth Amendment
1896 – In the case of Plessy v. Ferguson, the Supreme Court of the US held that “separate but equal” facilities for African Americans did not violate the Fourteenth Amendment.
1951- In the case of Brown v. Board of Education, the Supreme Court of the US unanimously held that racial segregation in public schools violates the Fourteenth Amendment.
1955 – Montgomery Bus Boycott
1960 – Greensboro sit-in
1961- Freedom Rides
1963 – March on Washington for jobs and freedom
1963 – Birmingham Campaign
1963 – The assassination of President John F. Kennedy
1964 – Freedom Summer Project
1964 – Lyndon B. Johnson became the 36th President of the US
1964 – The passing of the Civil Rights Act of 1964
1968 – Poor People’s Campaign
1968 – The assassination of Martin Luther King Jr.
1968 – The passing of the Fair Housing Act of 1968

Objective of and need for the Civil Rights Movement in USA

Eradicating racial segregation and discrimination was at the heart of the US civil rights movement. Its purpose, in the early stages, was to establish equal civil rights for African Americans. However, as years passed by, the apparent leader of the movement, Martin Luther King Jr. realised that civil rights were denied to various other sections of the people of the US, like women, the economically depressed, and people of different races. The Movement took a sharp turn to focus on all the people whom the US government ignored to safeguard.

Nevertheless, it is pertinent to note that the US civil rights movement of the 1950s and 1960s was merely an extension of the Africa Americans’ struggle for equal civil rights that began after the adoption of the Constitution of the US.

Though certain key events like the Montgomery bus boycott kindled it, the failure of the Reconstruction period was the actual spark to the Movement.

Eminent leaders of the Civil Rights Movement in USA

The following are a few of the renowned leaders of the US Civil Rights Movement.

Dr Martin Luther King Jr.

King is arguably the face of the US Civil Rights Movement. He was born in 1929 and was a Baptist minister and social activist who led the movement from its beginning in the 1955 Montgomery bus boycott till he breathed his last breath in 1968. He succeeded in boosting the morale of huge gatherings of protestors through his excellent oratory skills, the best example of which is his famous “I Have a Dream” speech in 1963. King’s way of protesting was inspired by the Gandhian principles of nonviolence. His leadership was elemental to the success of the US civil rights movement. Albeit his achievements, he was assassinated while staying at a hotel to support a sanitation workers’ strike in 1968.

Rosa Parks

Rosa Louise McCauley Parks, or Rosa Parks, was an American seamstress until she became a celebrated civil rights activist after the Montgomery bus boycott. The aftermath of the boycott proved to be a blessing and a curse on her. Though she became a hero among the activists and protestors, she had to lose her job and constantly received death threats. Rosa died of natural causes in 2005, at the age of 92.

W.E.B. Du Bois

W.E.B. Du Bois was an American author, sociologist, and civil rights activist. He greatly contributed to the US Civil Rights Movement by creating the NAACP which led and continues to work for Americans’ civil rights. He penned the book, The Souls of Black Folks, expressing the evils of the segregation system.

Mary White Ovington

Mary White Ovington was an American activist who co-founded the NAACP. She combined her civil rights activism with women’s suffrage. She wrote several books about African Americans and their culture. Some of her works include Half a Man (1911), Status of the Negro in the United States (1913), Portraits of Color (1927), etc.

Thurgood Marshall

Thurgood Marshall was civil rights activist and lawyer who rose to fame after arguing in the landmark case of Brown v. Board of Education (1954) in which the Supreme Court of the US held the concept of “separate but equal” unconstitutional. He initially served as a staff lawyer and then as chief of the Legal Defense and Education Fund in the NAACP.

Conclusion

The story of the Civil Rights Movement in the US narrates the struggle and victory of non-violent resistance over brutal discrimination. But even after over four decades, can we say that the movement was completely successful? Looking at the recent happenings in the US, one cannot affirm it. Recent FBI reports show that 29% of the hate crimes committed in the US in the year 2020 were aimed at African Americans. Hardly can anyone forget the heartwrenching murder of George Floyd.

Has the US civil rights movement achieved its goals? Well, as far as the recognition of African Americans’ civil rights is concerned, the movement has succeeded in laying down various legislation for that. However, brutalities based on race, colour, sex, religion, etc. continue to prevail in the US.

So, the Movement that originated from Rosa Parks’ resistance virtually ended in the late 1960s, but apparently, there’s a long way before it ends in its truest sense.

Frequently Asked Questions (FAQs)

What is a ‘Jim Crow’ law?

In the history of the US, any law that supported or encouraged racial segregation in the southern regions between the Reconstruction period and the commencement of the US Civil Rights Movement is called Jim Crow law.

When did the American civil rights movement end?

It ended in 1968 after the signing of various civil rights legislation.

What was the American Civil War?

The American Civil War was fought between the northern states of the US and 11 southern pro-segregation states (known as the Confederate States of America). The War prolonged from 1861 to 1865.

References

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/lawyerscommunity