History 111 Discussion Guides for
The Struggle for Civil Rights
In 2006, Dr. Henry Louis Gates, Jr. from Harvard University began to research the lives of eight prominent African Americans - including Whoopi Goldberg, Chris Tucker and Oprah Winfrey. He eventually traced their family trees, as well as his own, using all available documents going back deep into slavery. Once the paper trail was exhausted, he then conducted a DNA analysis to determine where their ancestors came from in Africa. Finally, he put everything together in a PBS series, African American Lives. The program was so successful, that he began to investigate the lives of other famous African Americans, including Chris Rock and Don Cheadle.
Goal #1: To differentiate between the struggle for civil rights and the Civil Rights Movement (CRM)
Goal #2: To discuss the historical origins of the CRM
The historical origins of the Civil Rights Movement can be found in three important events that shaped the early struggle for civil rights: the passage of the Freedom Amendments; the presidential election of 1876; and the Compromise of 1877.
The Freedom Amendments consisted of three new amendments: the 13th, 14th, and 15th Amendments, all of which are part of the struggle for civil rights and which will later contribute to the Movement for civil rights.
- 13th Amendment – passed by Congress in January 1865 and ratified in December 1865 - prohibited “slavery” and “involuntary servitude”(except those convicted of a crime) in the United States.
- The ratification of the 13th Amendment was a major victory for the North where it was hoped that both the Emancipation Proclamation and the new amendment would quickly diminish the effects of slavery.
- Once the Confederate States of America (CSA) was defeated, approval of the 13th Amendment was a requirement for readmittance into the United States.
- All of the CSA states did not immediately sign the amendment, with Mississippi being the last hold-out and finally ratified it in 1995.
- Implemented and enforced immediately upon ratification.
- 14th Amendment – passed by Congress in June 1866 and ratified in July 1868 - defined blacks as citizens of the United States, thereby promising them full constitutional protection of their civil rights; prohibited states from depriving “any person of life, liberty, or property, without due process of law” and guaranteed “to any person within its jurisdiction the equal protection of the laws;" and denied former Confederates the right to hold office.
- As the Southern states began to pass a variety of Black Codes, it was clear that a new way of controlling ex-slaves, characterized by violence and cruelty, had been created. Consequently, Congress passed the 14th Amendment
- Implemented and enforced by the Civil Rights Act of 1964.
- 15th Amendment – passed by Congress Feb. 1869 and ratified in March 1870 - prohibited the denial of the vote because of race, color, or previous condition of servitude; defined national citizenship to include former slaves; prohibited states from violating privileges of citizens without due process of law; empowered Congress to reduce representation of any state that denied vote to males over 21; and disqualified from state and national offices all prewar office holders who had supported the Confederacy.
- The last of the Reconstruction Amendments, the 15th Amendment was designed to close the last loophole in creating real civil rights for newly freed black slaves.
- In the election of 1868, Republicans received overwhelming majorities in House and Senate. With such strength, in 1869 they passed the Fifteenth Amendment.
- Implemented and enforced by the Voting Rights Act of 1965.
Election of 1876 and the election of Rutherford B. Hayes
- In 1876, Republicans nominated Rutherford B. Hayes of Ohio – a cautious candidate who ended up taking 48.9% of the popular vote - and the Democrats nominated Samuel B. Tilden, Governor of New York – who took 51% of the popular vote.
- The initial returns pointed to a Tilden victory, as the Democrats captured the swing states of Connecticut, Indiana, New Jersey, and New York. By midnight on Election Day, Tilden had 184 of the 185 electoral votes needed to win. He led the popular vote by 250,000.
- When the results were in, Hayes got 185 electoral votes, to Tilden’s 184 – the closest electoral vote in U.S. history.
- The final outcome hinged on the disputed results in four states - Florida, Louisiana, Oregon, and South Carolina - which prevented either candidate from securing a majority of electoral votes.
- In the case of disputed results in the electoral college, under the Constitution, the House of Representatives is to decide the outcome.
- In January, 1877. Congress appointed a 15-member electoral commission, composed of senators, representatives, and Supreme Court Justices.
- Republicans had a slight majority – 8-7 – on the commission.
- To nobody’s surprise, the Republicans carried the vote and elected Hayes.
- However, a bargain was made behind the scenes between the leaders of the two parties.
- Hayes' representatives agreed to pull the U.S. military out of the south, to recognize Democratic control of the entire South, and to avoid federal intervention in local affairs – that is, no federal intervention in racial affairs of the South.
- Tilden’s representatives, in return, promised not to dispute Haye’s right to office and to respect the civil and political rights of blacks.
- This led to what is known as the Compromise of 1877 or the Great Betrayal.
The Compromise of 1877 - After the Congressional choice of Hayes for president, Hayes pulled the troops out of the South and ended Reconstruction, while the South failed to live up to its promise to respect the civil and political rights of blacks.
- This Compromise is the key to understanding the evolution of the Civil Rights Movement from 1877 to 1954.
- Remember, the federal government had promised to stay out of the internal affairs of the South. This pledge remained in effect until 1957 when President Eisenhower reluctantly sent troops to defend the Little Rock Nine who attempted to integrate Arkansas's Little Rock High School.
- For the 80 years in between, no lynching legislation passed Congress, no legislation regarding racial equality passed Congress, no efforts to really stop the horrors of the Ku Klux Klan were suggested by any branch of the U.S. government - all due to the 1877 promise that the federal government would not intervene in the internal affairs of the South.
- While many presidents and Congressional representatives struggled with racial issues, all those who served from Hayes through Eisenhower refused to involve the federal government. Their fear was simple - the party that ignored the promise made in the Compromise of 1877 would lose the voting support and power of the southern states.
- So, the end of Reconstruction and the Compromise of 1877 is where we must begin any discussion of the Civil Rights Movement.
Civil Rights, Black Power, and Related Events: A Selective Chronology
The Struggle Evolves: From 1857 to 1954, the civil rights struggle for equal protection under the law evolved in which individual African Americans, various African-American organizations, and certain federal agencies sought equal protection under the law.
1857 Dred Scott Case. The U.S. Supreme Court ruled that slaves did not become free when taken into a free state, that Congress could not bar slavery from a territory and that blacks could not become citizens.
1863 Emancipation Proclamation. President Lincoln issued the Emancipation Proclamation freeing "all slaves in areas still in rebellion."
1865 Thirteenth Amendment. Abolished slavery.
1866 Civil Rights Act. Defined all persons born in the United States (except "Indians not taxed") as citizens. Listed citizen rights, including testifying in court, owning property, making contracts, bringing lawsuits and enjoying "full and equal benefit of all laws and proceedings." It was passed by Congress in 1865 but vetoed by President Andrew Johnson. In April 1866 Congress again passed the bill and Johnson again vetoed it - but a two-thirds majority in each house overrode the veto and the bill became law.
1868 Fourteenth Amendment. Prohibited state governments from interfering with civil rights; required giving all citizens "equal protection" under the law.
1869 Fifteenth Amendment. Prohibited states from denying the right to vote because of a person's race.
1870-1871 Ku Klux Klan Acts. Enforced the rights specified in the 14th and 15th Amendments, making such crimes punishable under federal law. Prosecution of the KKK began in 1871 but both prosecution and enforcement had ended by the 1880s.
1875 Civil Rights Act. The Act protected access of all Americans, regardless of race, to public accommodations such as restaurants, theaters, trains and other public transportation, and protected the right to serve on juries. However, it was never enforced, and the Supreme Court declared it unconstitutional in 1883.
1876 The disputed presidential election of 1876. (see above)1877 Compromise of 1877. (see above)
1895 Booker T. Washington. Washington, shown to the left, advocated vocational training for blacks to improve their economic status. His philosophy would later conflict with that of W.E.B. DuBois (see below, 1909 entry).
1896 Plessy vs. Ferguson. The U.S. Supreme Court set a precedent when it ruled that "separate" facilities for blacks and whites were constitutional as long as they were "equal." The "separate but equal" doctrine was quickly extended to cover many areas of public life, such as restaurants, theaters, restrooms, and public schools. Speaking for the seven-person majority, Justice Henry Brown wrote: "A statute which implies merely a legal distinction between the white and colored races...has no tendency to destroy the legal equality of the two races...The object of the Fourteenth Amendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either."
The lone dissenter, Justice John Harlan, showed incredible foresight when he wrote "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law...What can more certainly arouse race hate, what more certainly create and perpetuate a feeling of distrust between these races, than state enactments, which, in fact, proceed on the ground that colored citizens are so inferior and degraded that they cannot be allowed to sit in public coaches occupied by white citizens? That, as all will admit, is the real meaning of such legislation."
1909 National Association for the Advancement of Colored People (NAACP). Founded by W.E.B. DuBois (shown in the photograph) and other Black activists to provide leadership in the fight for racial equality.
1914 Universal Negro Improvement Association (UNIA). Founded by Marcus Garvey to stress racial pride, the importance of African heritage, and racial solidarity across national boundaries. UNIA supporters joined Garveyís call for blacks from around the world to help Africans overthrow colonial rule and build a strong African state which would become a symbol of black accomplishment and power.
1915 The Birth of the Nation. The film premiered in Los Angeles and quickly elicited controversy, especially from the NAACP.
1922 Dyer Anti-Lynching Bill. In January, the Dyer Anti-Lynching Bill was passed by the House of Representatives but in July, its passage was halted by a filibuster of the Southern Democrats in the Senate. They argued that only local authorities could enforce state criminal statutes and they opposed federal intrusion into this area. Efforts to pass similar legislation were not taken up again until the 1930s with the Costigan-Wagner Bill.
1925 KKK March. In its first national demonstration the Ku Klux Klan marched on Washington, D.C..
1930 Nation of Islam. Founded in Detroit by Farad Muhammad. Preaching black nationalism and superiority in an evil white world, members of the Nation of Islam - Black Muslims - looked to the black community for regeneration and improvement.
The Costigan-Wagner Anti-Lynching Bill was introduced to Congress. The legislation proposed federal trials for any law enforcement officers who failed to exercise their responsibilities during a lynching incident. President Roosevelt refused to speak out in favour of the bill, arguing instead that the white voters in the South would never forgive him if he supported the bill and he would therefore lose the next election. While the Bill received support from many members of Congress, the Southern opposition managed to defeat it.
1933 Elijah Muhammad took leadership over the Nation of Islam.
1942 Congress of Racial Equality (CORE). CORE was organized in Chicago as an interracial group of students, most of whom were members of the Chicago branch of the Fellowship of Reconciliation (FOR), a pacifist organization seeking to change racist attitudes. The founders of CORE were deeply influenced by Mahatma Gandhi's teachings of nonviolent resistance
1946 Biracial delegation of civil rights activists met with President Truman to discuss racial terrorism in the south. Truman established the President's Committee on Civil Rights to investigate race relations in the South.
1947 To Secure These Rights, the report of the Committee, outlined the problems of racial discrimination, voting rights, and segregation in both the North and the South and proposed anti-lynching and anti-poll tax legislation. Truman sent the report to Congress and asked them to enact most of the Committee's proposals.
1948 Integrating the Military. President Truman issued an executive order outlawing segregation in the U.S. military
Phase 1: The CR Movement Begins - From early 1950s to early 1956, efforts to desegregate Southern schools began when the National Association for the Advancement of Colored Persons (NAACP) undertook legal actions.
1952 Malcolm X was released from prison where he had become a member of the Nation of Islam (NOI). He quickly became one of the NOI's most powerful and respected leaders. Malcolm X rejected integration with a white society that, he said, emasculated blacks by denying them power and personal identity.
1954 Brown vs. Board of Education. U.S. Supreme Court struck down the "separate but equal" doctrine of Plessy v. Ferguson for public education and required the desegregation of schools across America. On May 17, 1954, Chief Justice Earl Warren read the decision of the unanimous Court: "We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does...We conclude that in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment."
1955 Second Brown decision. In a second Brown decision in 1955, the Court provided enforcement guidelines for beginning integration with "all deliberate speed."
Rosa Parks. On December 1, Rosa Parks refused to give up her seat on a bus so that a white man could sit down. This was the event that sparked the Montgomery Bus Boycott.
Montgomery bus boycott. Launched on December 6 and lasted 381 days, ending with the U.S. Supreme Court ruling that segregation on public buses is unconstitutional. The boycott launched to civil rights career of the Montgomery Improvement Association's president, Martin Luther King, Jr.. The bus boycott demonstrated the potential for nonviolent mass protest to successfully challenge racial segregation and served as an example for other southern campaigns that followed.
Emmet Till, a fourteen year old African-American from Chicago, Illinois, was brutally murdered in Money, Mississippi, a small town in the state's Delta region. The events leading to his murder are disputed, but they all point to the fact that Emmet Till spoke directly to a white woman in a grocerty store in Money.
Phase 2 : The CR Movement Grows - From late 1956 to 1959, efforts begin to desegregate transportation and education and guarantee voting rights when black activists openly organized and conducted mass confrontations that directly challenged the white power structure.
1956 Warrants were issued to arrest 115 leaders of the Montgomery bus boycott. All were tried and sentenced without a jury.
Browder v Gayle. The U.S. Supreme Court ruled that Montgomery's bus company's policy of segregation was unconstitutional. On March 12, 100 southern congressmen signed a manifesto urging resistance to integration and denouncing the Supreme Court. Only three southern senators declined to sign - Lyndon Johnson of Texas, and Albert Gore and Estes Kefauver of Tennessee.
1957 Southern Christian Leadership Conference (SCLC) founded by civil rights leaders who met in Atlanta on January 10 – 11 to form a regional organization and coordinate protest activities across the South. Sixty persons from 10 states assembled and announced the founding of the Southern Leadership Conference on Transportation and Nonviolent Integration. They issued a document declaring that civil rights weare essential to democracy, that segregation must end, and that all Black people should reject segregation absolutely and nonviolently.
Little Rock, Arkansas. School integration begins and Southern segregated schools became a legal target. At previously all-white Central High, 1,000 paratroopers called by President Eisenhower to restore order and escort The Little Rock 9 black students to school. Governor Faubus closed all the high schools the following school year rather than integrate them.
The Student Nonviolent Coordinating Committee (SNCC) was created to coordinate the action of local protest groups throughout the South. Under the leadership of Martin Luther King, Jr., the organization drew on the power and independence of black churches to support its activities.
Civil Rights Act. Congress passed the first civil rights legislation since Reconstruction. The Act established the Civil Rights Section of the Justice Department and empowered federal prosecutors to obtain court injunctions against interference with the right to vote.
1959 Cooper v. Aaron. The U.S. Supreme Court ruled that an African-American's right to attend school could not "be nullified openly and directly by state legislators or state executive officials nor nullified indirectly by them by evasive schemes for segregation."
The Hate that Hate Produced was shown on television. The movie catapulted the Nation of Islam into the national limelight as a dangerous organization preaching hate against whites. Consequently, Malcolm X began to get continual requests for radio and T.V. talk shows to defend the NOI.
Phase 3: The CR Movement Evolves - From 1960 to 1968, the Student Nonviolent Coordinating Committee (SNCC) directed a militant, direct action civil disobedience phase that sought a legalized, formal end to all segregation while a rising Black Power Movement directed militant, sometimes violent actions that emphasized racial pride and the creation of separate black political and cultural institutions.
1960 Sit-in protest movement. Began in February at a Woolworth's lunch counter in Greensboro, N.C. and spread across the nation. By August 1961, over 70,000 persons had participated in sit-ins throughout the south and 3,000 had been arrested.
Boynton v. Virginia. Supreme Court ruled that all interstate buses, trains, and terminals be desegregated.
"Mr. Muhammed Speaks," an interview with Alex Haley, appeared in Reader's Digest and was the first feature magazine article about the Nation of Islam. Shortly thereafter, Malcolm X was interviewed for Playboy Magazine. The first scholarly book on the Nation of Islam was published by Dr. C. Eric Lincoln, The Black Muslims in America.
1961 Freedom Rides began in Washington, D.C when groups of black and white people rode buses through the South to challenge the Boynton decision. Wherever they went, the Freedom Riders were harrassed and assaulted. President Kennedy finally sent federal marshals to protect the Freedom Riders.
Elijah Muhammad, who had moved from Chicago to Phoenix for health reasons, made Malcolm X national representative of the Nation of Islam. This created resentment among Muhammad's inner circle who did not want Malcolm to be the next leader.
Increasing attention is focused on the two different visions for civil rights: those of civil disobedience valued by Martin Luther King, Jr. and those of black separatism, valued by Malcolm X. Additionally, other voices arose, indicating competing strategies and competing agendas for diverse individuals involved in the Movement.
1962 James Meredith enrolled as first black at the University of Mississippi. During the subsequent riot, two were killed and many others were injured. 5,000 federal troops arrived to restore order; some stayed to protect Meredith throughout the year.
Bailey v. Patterson. The Supreme Court ruled that segregation was unconstitutional in all transportation facilities.Citizen Council's grow throughout the South, but were especially strong in Mississippi where the white population worked to stop African Americans from voting.1963 Birmingham. Police arrested Dr. Martin Luther King, Jr. and other ministers demonstrating in Birmingham, Ala., then turned fire hoses and police dogs on the marchers. While under arrest, Dr. King wrote "Letter from a Birmingham Jail."
The Struggle Continues: From 1969 to the present, the Civil Rights Movement ended and the civil rights struggle continues in which individual Americans, various civil rights organizations, and some federal, state, and local agencies seek equal protection under the law for many Americans - people of color, gays and lesbians, immigrants, women, disabled, etc.
1975 Elijah Muhammad died and his son Wallace Muhammad became head of the Nation of Islam on February 26. Wallace Muhammad immediately reformulated his father's beliefs and practices and publicly shunned his father's black separatist views to bring NOI closer to mainstream Sunni Islam. He renamed his organization - Muslim American Society - and many of his followers assimilated into traditional Islam. By the end of the year, there were 75 NOI Temples across America.
1978 Louis Farrakhan, who left the Nation of Islam when Wallace Muhammad took over, decided to rebuild the original Nation of Islam upon the foundation established by W. Fard Muhammad and Elijah Muhammad. In 1981, Farrakhan publicly announced the restoration of the Nation of Islam and went forward with Elijah Muhammad's teachings.
1991 Resegregation begins. In Oklahoma City v. Dowell, the U.S. Supreme Court ruled that court-ordered integration plans were not intended “to operate in perpetuity” and allowed districts to be released from desegregation obligations once fulfilled. As a result, districts were allowed to return to neighborhood schools where there was no forced busing.
1992 Rodney King Riots. The first racially based riots in years erupted in Los Angeles and other cities after a jury acquited L.A. police officers in the videotaped beating of Rodney King.
1994 Byron De la Beckwith was tried and convicted 30 years after he killed Civil Rights activist Medgar Evers. (See 1964)
1995 Million Man March. In October, Louis Farrakan mobilized almost a million men to march to Washington, DC and discuss racial solidarity.
1998 In Jasper, Texas, James Byrd, Jr., a black man, was chained to a pick-up truck and dragged to his death by three white men in what was a modern-day lynching.
1999 Little Rock 9. The nine students who integrated Central High in 1957 received the Congressional Medal of Honor.
2000 Wallace Mohammad, now known as Imam Warith Deen Mohammed, and Louis Farrakhan publicly embraced and declared unity and reconciliation of their two separate organizations.
2001 Convictions of KKK Members. Two former KKK members - Thomas Blanton Jr. and Bobby Frank Cherry - were tried and convicted for the deaths of 4 girls in the 1963 Birmingham church murders. (See 1963)
2003 Affirmitive Action upheld. In two of the most important affirmative action decisions since the 1978 Bakke case, the Supreme Court in Grutter v. Bollinger and Gratz v. Bollinger upheld the University of Michigan Law School's policy, ruling that race can be one of many factors considered by colleges when selecting their students because it furthers "a compelling interest in obtaining the educational benefits that flow from a diverse student body."
2005 Edgar Ray Killen. The ringleader of the Mississippi civil rights murders , Edgar Ray Killen, is convicted of manslaughter on the 41st anniversary of the crimes. (See 1964)
2006 The high school graduation rate for black male students was 47% compared with 75% for white male students.
Resegregation continues. The Nebraska state legislature approved a measure to split the Omaha school system into three separate districts divided along racial lines: one for white, one for black, and one for Latino students. It was argued this system would give minority’s greater control over their own schools.
2007 Emmett Till's Case. In February, Emmett Till's 1955 murder case, reopened by the Department of Justice in 2004, was officially closed. The two confessed murderers, J. W. Milam and Roy Bryant, were dead of cancer by 1994, and prosecutors lacked sufficient evidence to pursue further convictions.
2011 On April 27th, President Barack Obama released his birth certificate to prove that he was born in the United States. Many Americans proclaim that the fact that he was forced to prove this is an indicator that racism is alive and well in the United States.
2013 In June, the Supreme Court struck down the heart of the Voting Rights Act of 1965 by a 5-to-4 vote. In Shelby County v. Holder, the decision allows nine states (Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia) to change their election laws without advance federal approval. The court was divided along ideological lines; at the core of the disagreement was whether racial minorities continued to face voting barriers in states with a history of discrimination.
2013 In June, the Supreme Court struck down the Defense of Marriage Act (DOMA), the 1996 law blocking federal recognition of gay marriage, and it allowed gay marriage to resume in California by declining to decide a separate case. The court invalidated DOMA which denied federal benefits to gay couples who were legally married in their states, including Social Security survivor benefits, immigration rights and family leave. Justice Anthony Kennedy, writing for the majority in a 5-4 decision, said that the act wrote inequality into federal law and violated the Fifth Amendment's protection of equal liberty. "DOMA's principal effect is to identify a subset of state-sanctioned marriages and make them unequal," he wrote. The decision does not guarantee a right to same-sex marriage, rather, it allows people who live in states that allow same-sex marriage to receive the same federal benefits as heterosexual couples.
In November, Texas passed a new voter identification law requiring that on election day, voters must present either a Texas driver’s license or personal ID card, a Texas Election Identification Certificate (issued free to any voter), a Texas concealed handgun license, a U.S. military ID, or a U.S. passport.
Goal #4: To examine contemporary efforts in the struggle for African American civil rights.
Goal #5: To discuss some of the contemporary issues regarding African American civil liberties.Contemporary statistics:
The Little Rock Nine - 39 years later