These constitutional protections proved inadequate to ensure the civil rights of African Americans. After Reconstruction ended following the disputed presidential election of 1876, white supremacists regained control of city and state governments in the South. They enacted Jim Crow laws, legislation passed in the 1890s and later that imposed racial segregation and deprived African Americans of civil rights. The name Jim Crow comes from a stereotypical African American figure in stage entertainment of the time. Racial segregation established by law and government policy like this is called de jure segregation. These discriminatory laws were given a boost by Plessy v. Ferguson, the 1896 U.S. Supreme Court case that determined segregation laws for public facilities were legal as long as white people and black people were provided facilities of equal value.
The 15th Amendment was also weakened as Southern states moved to deprive African Americans of voting rights. Some of these laws required potential voters to pass a literacy test. The tests, unfairly applied, were used to deny many African Americans their right to vote. States also passed “grandfather clauses” that exempted men who could not pay the poll tax or pass the literacy test from those restrictions if their grandfathers had been allowed to vote. These laws made show that limits on voting applied only to African Americans, not to poor, illiterate whites.
NAACP Challenges to Segregation
This effort won a major victory in Brown v. Board of Education, the 1954 U.S. Supreme Court decision that determined separate but equal public schools actually were not equal and that racial segregation in public schools was unconstitutional. The court’s decision in this landmark case was unanimous. This decision paved the way for the integration of public schools, though public school systems across the country resisted the change. Resistance in the South was particularly strong.
Nonviolent Protests and New Civil Rights Laws
In 1955 African Americans in Montgomery, Alabama, began a boycott of the city's segregated buses. The boycott was led by minister Martin Luther King Jr. For more than a year, African Americans walked, carpooled, and otherwise refused to ride the city's buses. In late 1956 the Supreme Court held that segregated public transportation was unconstitutional.Martin Luther King Jr. emerged from the Montgomery bus boycott as the central figure in the civil rights movement. Civil rights groups organized marches and demonstrations demanding an end to segregation and the protection of voting rights. Peaceful marchers were often attacked by police, sprayed with fire hoses, and arrested. In the summer of 1963, many groups joined in the massive March on Washington, which demanded an end to racial discrimination and the passage of a federal civil rights law. During the event, King gave his "I Have a Dream" speech, envisioning a day when all people will be treated equally. The peaceful demonstrations—and the harsh response of Southern white people, including state and local officials—increased public support for the movement. Under an intense push by President Lyndon B. Johnson—in the face of equally intense opposition by Southerners—Congress responded by passing the Civil Rights Act of 1964, the federal law that banned racial segregation in voting, public facilities, public schools, federally assisted programs, and employment and strengthened federal authority to enforce its provisions.
Major Provisions of the Civil Rights Act of 1964
|Area of Focus||Provisions|
|Voting rights||Banned arbitrary standards for determining voter eligibility|
|Public accommodations||Banned discrimination in hotels, restaurants, theaters, and other facilities involved in interstate commerce|
|Public schools||Gave the U.S. attorney general the authority to file lawsuits to force the desegregation of public schools|
|Federally assisted programs||Allowed the withholding of federal funds from programs that engage in discrimination, including school systems|
|Employment||Made it illegal to refuse to hire, fire, or otherwise discriminate against a person on the basis of "race, color, religion, sex, or national origin"
Created the Equal Employment Opportunity Commission (EEOC) to enforce the ban on employment discrimination
|U.S. Commission on Civil Rights||Gave additional powers to the U.S. Commission on Civil Rights to investigate civil rights abuses|
The black militancy movement waned, in part as a result of the expansion of a growing number of African Americans who won elective office. They worked within the system to try to achieve social change.
Busing and Affirmative Action
In the mid- to late 1960s, several cities erupted into riots, often when police arrests or other actions sparked anger among the highly frustrated urban poor. Among the worst riots took place in Los Angeles in 1965 and in Newark and Detroit in 1967. Riots also broke out in many cities in early 1968 when Martin Luther King Jr. was assassinated. These outbreaks alarmed many white Americans and led many who lived in cities to move to the suburbs, a "white flight" that further segregated metropolitan areas. Efforts to extend busing to encompass metropolitan areas met resistance, and the Supreme Court struck down a busing plan that encompassed Detroit and its suburbs in the decision Milliken v. Bradley (1974).
The administration of President Lyndon B. Johnson launched another effort to remedy inequality. This approach, called affirmative action, consisted of policies implemented to redress past discrimination and inequality by giving opportunities to unfairly treated minorities, in this case African Americans. Executive orders and federal policies established rules that required companies, schools, and other organizations that received federal funds to use affirmative action to hire African Americans. Later, these policies were expanded to include other minority groups and women.
The policy sparked critics to charge that affirmative action amounted to unfair preferential treatment and a form of reverse discrimination. Allan Bakke, a white male student who was denied admission to the medical school at the University of California-Davis, sued. He argued that he was unfairly denied admission when minority students with test scores and grade point averages lower than his were admitted. In 1978 the Supreme Court ruled in Regents of the University of California v. Bakke that the university had violated Bakke's rights. The Court said that colleges and universities can consider race as one factor in admissions but that race could not be an overriding factor. In addition, the court banned setting a racial quota—the policy under which a certain number of slots for members of a particular group—in admissions decisions. Later decisions provided further guidance. In Gratz v. Bollinger (2003),the court ruled that the University of Michigan's admission policy was not written narrowly enough to protect white applicants from discrimination. In Grutter v. Bollinger, also in 2003, the court ruled that the University of Michigan's Law School admission policy was sufficiently narrow to allow consideration of race as one factor among others, making it constitutional. A 2016 decision in Fisher v. University of Texas at Austin upheld another admissions policy that used race as one factor among others.