The Civil Rights Movement—1950s,

1960s and 1970s

Overview

 A second Reconstruction?

- Historians call the civil rights movement a kind of second Reconstruction. During the civil rights
movement, the US was trying to fulfill the promises, hopes and dreams of the original Reconstruction (to
try and live up to the ideals and principles of the Declaration of Independence and do the right thing by
the former slaves) of the 1860s and 1870s and address its failures.

 Origins of the movement

 Lessons learned/examples set by World War 2
o WW2 had a big effect on the coming of the American civil rights movement.
o The US was engaged in WW2 against fascist regimes like the Nazi Germany, which was
probably the most racist and bigoted regime in world history. Fighting that type of
racism made many Americans take a look at themselves and ask whether the they
exhibited back home some of the same characteristics the Nazis exhibited. Many
Americans realized that they were not doing the right thing by African Americans in the
US.
o Another reason WW2 was impactful on Americans regarding the civil rights was the
African-American soldiers that fought in that war. AA served in every branch of the US
military in WW2. While most of them did not see frontline combat, many of them did. A
lot of these soldiers proved themselves to be every bit as committed to the cause and as
competent as the white soldiers. And they paid with their lives the same as white
soldiers. This made a lot of Americans take notice and ask the question that why would
the AAs go fight and die for their country given the way they were treated back home.
 Rising levels of wealth and education among African-Americans
o The early 20th century witnessed rising levels of education and wealth among AA men
and women.
o American history has often seen a concomitant reform movement when a segment of
population undergoes rising levels of education and wealth. The more educated and
wealthy a population segment becomes, the more leisure time it has to think about
things and involve itself in change.
o So the rising levels of education and wealth were followed by a willingness to push for
change. As the white Americans were watching, the AAs were proving themselves to be
every bit as equal to them.
  Leadership of the National Association for the Advancement of Colored People (NAACP)
o Leadership of NAACP was very critical to furthering the civil rights movement in many
ways.
o NAACP took a leading role in the movement.
o NAACP was the institution that pointed out the specific inequalities inherent in the US in
the 20th century.
o NAACP drew attention to things like Jim Crow laws in the South that created a
segregated society. NAACP drew attention to the inequality of public education
between whites and blacks and so on.
 Leadership of the federal government
o All three branches of the federal government at one point or another involved
themselves in the movement and played critical roles of leadership.
o In the executive branch, Presidents Eisenhower and Kennedy would play a role in
furthering civil rights.
o In the legislative branch, the US Congress involved itself in the civil rights movement
with two very important pieces of legislation.
o And in the judicial branch, the SC played a leading role in helping kick off the movement
when it decided a very important SC case called Brown v. Board of Education.

 Brown v. Board of Education (1954)

- One of the most important cases in American SC history.

- In the 1870s and lasting all the way into the 1960s, the Southern states were always seeking ways to
control and regulate AAs in the South. They had originally created the Black Codes but the 14th
Amendment to the US Constitution wiped those out.

- And so what the Southern states began to do was to try to find ways to get around the 14th
Amendment. What they came up with were famously referred to then as the Jim Crow laws.

- Jim Crow laws were a series of laws in the South that created a segregated society. They required
public facilities to be racially segregated. AAs would go to one school; whites would go to another
school. Jim Crow laws segregated schools, public bathrooms, drinking fountains, restaurants, public
transport, etc.

- In 1896, the idea of segregation created by the Jim Crow laws was challenged in the SC in a famous
case known as Plessy v. Ferguson.

- The SC ruled that so long as equal facilities were provided for whites and blacks, then the doctrine of
"separate but equal" did not violate the 14th Amendment.
- Plessy v. Ferguson enshrined the separate but equal doctrine and gave a lot of credence to the Jim
Crow laws, which remained in place all the way into 1960.

- It was in the 1950s that the Jim Crow laws and the doctrine of separate but equal were challenged
again.

- In 1953, the parents of 20 black children in Topeka, Kansas brought a lawsuit against the city's Board of
Education.

- They argued that the public school their children were going to was an inferior facility than the school
for whites across town. The school districts policy of racial segregation did not provide adequate schools
of the same level for blacks as for whites.

- The case picked up steam when the NAACP got involved and provided lawyers and legal advice.

- Thurgood Marshall (later went on to become a justice in the SC), who worked for the NAACP, was
assigned to this case to prosecute on behalf of the parents. He was one of the finest legal minds in the
country.

- Marshall's argument against the "separate but equal" doctrine was that it was a complete farce. Rather
than providing equal facilities, the doctrine actually perpetuated inferior accommodations, services and
treatment of blacks. Marshall also ingeniously argued that when people are separated, regardless of
whether or not they are provided equal facilities, this in itself is inherently unequal.

- In the end, the Chief Justice of the SC, Earl Warren, made sure that the decision came out 9-0 in favor
of Thurgood Marshall's argument. The SC ended up agreeing with Marshall's arguments against the
separate but equal doctrine. The decision said that the doctrine was inherently unequal and that it
violated the 14th Amendment.

- The reason Earl Warren wanted it to be a 9-0 ruling was that he didn't want there to be any dissent
here. The 9-0 decision was designed to send a message in favor of destroying the idea of separate but
equal.

Significance

- The court case was a major victory for the American civil rights movement. It overturned and
destroyed the idea that separate but equal doctrine didn't violate the 14th Amendment. In a 9-0 ruling,
the court ruled that the idea of separating people based upon race, even if provided with equal facilities,
was inherently unequal. Therefore, the Jim Crow laws were unconstitutional.

- Just as a result of the case, the public schools in the US were desegregated. This was a major victory for
the civil rights movement.

- But the case also held importance beyond this. This case opened the floodgates for more and more
measures of equality and paved the way for future desegregation beyond public education.
Major Milestones

 Montgomery (AL) Bus Boycott (1955-1956)

- The Jim Crow laws not only segregated public facilities like drinking fountains, bathrooms and schools
but also the public transportation.

- There were a lot of state laws specifically in Alabama which segregated the buses for blacks and
whites. AAs were required to sit in the back of the buses and whites were allowed to sit in the front. In
addition, if a white person got on a bus and there were no seats, it was state law for an AA to give up his
seat for the that white person.

- On Dec 1st, 1856, Rosa Parks, an AA woman who had had enough, decided to sit in the white section of
the bus. She was asked to move by the bus driver, but she refused. The bus driver pulled over and let
police into the bus. The police asked Parks to go to the back of the bus, but again she refused. So she
was arrested.

- When word spread of Parks arrest in Montgomery among the AA community, the black ministers in the
city reacted to the event.

- Among the city's black ministers was MLK, who would become the civil rights movement's most
prominent and influential leader.

- Dr. King began to organize protest campaigns specifically against Rosa Park's arrest and generally
against Alabama's state laws that segregated public transportation. He was successful in convincing the
AA community in Montgomery, Alabama to institute a complete boycott of public transport as a way of
non-violent protest/resistance to hit upon the revenue streams of the city and put economic pressure
on the city administration to get rid discriminatory city ordinances and state laws.

- It was through Dr. King's efforts and speeches that the boycott became a massive movement.

- This was a problem for Montgomery's administration since AAs were the primary patrons of the bus
system in the city. The boycott also extended beyond the AA community and among white sympathizers
of the plight of black people.

- The boycott lasted 381 days. For the duration of the protest, people protesting would carpool or walk
towards their destinations even for miles. All the while, the buses were empty.

- At the same time that the bus boycott was going on in Montgomery, a civil case was brought before a
federal district court by the NAACP that challenged Alabama's laws that segregated public
transportation. The case was finally decided on June 4th, 1856 when a federal district court voted to
strike down the laws that segregated public transportation. The decision was appealed to the SC—which
had already ruled against the idea of separate but equal in Brown v. Board of Education—but it upheld
the federal district courts initial ruling and ordered the state of Alabama to immediately desegregate
public transportation.

- The protest in conjunction with the SC ruling worked. Following the SC decision on the matter, the
boycott finally ended.

Significance

- The beginning of many more measures of equality.

- The boycott stimulated a sense of non-violent activism and participation in the South that would be
critical to the sustainment and success of the civil rights movement. It got people off their couches and
on to the streets.

- Dr. MLK Jr. captured the attention of the nation and was now considered a major leader of the civil
rights movement.

 Desegregation of Little Rock (AR) High School (1957)

- Up to this point, the judicial branch of the federal government was seen taking a lead in civil rights
movement.

- It was in the desegregation of Little Rock High School that the US would witness the US President—the
executive branch—get involved in guaranteeing and securing civil rights.

- Following the Brown v. Board of Education decision in 1954, the NAACP began enrolling AA students in
all-white schools all over the South. And it happened in Little Rock, Arkansas as well.

- The Little Rock "Nine" were 9 AA students whom the NAACP attempted to enroll for classes in the all-
white high school in Little Rock, Arkansas called Little Rock Central High.

- Arkansas Governor Orval Faubus let it be known that he was going to do everything possible to prevent
these 9 students from attending Little Rock Central High because he was a giant proponent of
segregation. He did not believe that the Brown v. Board of Education decision was correct. He believed
that forcing states to desegregate their schools was unconstitutional.

- So what Faubus did was to call out the National Guard and organize segregationist protests that
physically prevented these 9 students from enrolling and attending the school.

- The law of the land was to desegregate. The SC was clear. The governor of Arkansas was obstructing
the federal government and its mandate.
- The situation was potentially volatile. As a result, in 1957, President Dwight D. Eisenhower asked
Governor Faubus to call on him and discuss the situation at Little Rock to prevent it from getting out of
hand.

- Apparently Faubus promised the president that he would use the National Guard to protect the
students. But went he returned to Arkansas, he pulled the National Guard from Little Rock completely.

- When the students then attempted to enroll and attend Little Rock Central High, there was nothing to
prevent full-scale riots from breaking out. Whites perpetrated acts of violation and intimidation against
the blacks all over the city.

- At this point President Eisenhower made a big decision. He realized that he could not rely on the
Arkansas governor to handle the situation. The mayor of Little Rock also called on President Eisenhower
to help.

- Eisenhower responded to the rising level of tension and violence by putting into Little Rock, Arkansas
the 101st Airborne Division, one of the US army's most elite fighting forces. They were deployed not
only to keep the protesters back but also to protect the black students as they travelled to and from the
school. Even during the class hours, there were soldiers stationed outside the classrooms. For a lot of
white Southerners, this was a great overstep of federal bounds and federal authority. But this was
clearly needed.

- Eventually, Little Rock Central High was desegregated.

Significance

- First example of the executive branch of the federal government using the power of the presidency to
enforce and guarantee civil rights. The law of the land is Brown v. Board of Education. President is
enforcing the law.

- Eisenhower's response to the crisis establishes a blueprint for future instances of desegregation.
Eisenhower's successor, JFK, would use what Eisenhower did here to force desegregation in two other
areas of the South.

 Desegregation of University of Mississippi (1962)

- James Meredith was an air force veteran that in 1961 attempted in enroll in the University of
Mississippi and was rejected. In the same year with the help of the NAACP, Meredith brought a lawsuit
against the University of Mississippi on the basis that his rejection was based upon the color of his skin.

- Meredith fulfilled the merit criteria by scoring very well on the entrance exams, and there was no
reason that he should have been denied enrollment.

- The case went straight to the SC. The SC ruled in his favor and ordered the University of Mississippi to
allow him to register for classes.
- At the time, the Mississippi governor was Ross Barnett. He was a big proponent of segregation and
declared that he would do everything in his power to prevent Meredith from attending classes at the
UoM.

- President Kennedy, who was the US president in 1961/1962, sensed the likelihood of trouble when
James Meredith would attempt to enroll at the university. So the day Meredith went to enroll in
courses, Kennedy ordered over 200 US marshals onto the campus of the University of Mississippi to
escort Meredith to the registrar.

- The sight of Meredith being escorted by US marshals on campus brought out segregationist protests
who attempted to stop Meredith from going to the registrar. Soon a full-blown riot broke out.
Protesters were heavily armed and shooting broke out all over the campus. Two people were killed. 28
US marshals suffered gunshot wounds. Meredith himself was shot. Over a 160 people suffered some
form of injury.

- As the campus devolved into utter chaos, the Mississippi Highway Patrol came into the campus to
control the situation but was ordered back by the governor of Mississippi. So the chaos carried on all
night at the campus.

- As riots continued the next day, President Kennedy decided to act and send in the US army to put
down the riots. The very next day James Meredith was escorted to the registrar, and he enrolled in
classes.

- The desegregation of the University of Mississippi was another example of the president using the
powers of the federal government to enforce the law of the land and guarantee civil rights.

- The event in Mississippi led to some other instances of desegregation in the South.

 Desegregation of University of Alabama (1963)

- James Hood, Vivian Malone Jones, Dave McGlathery were three AA students that applied to the
University of Alabama in 1963. And just like James Meredith a year before, all three were rejected
despite being on merit. It was obvious that they were denied entrance into the university based on the
color of their skin.

- The NAACP helped them file a lawsuit against the university. A federal court ruled in their favor and
ordered the university to allow them to register for courses.

- Alabama's governor at the time was George Wallace. He was proponent of segregation just like Ross
Barnett. He was famous for saying "Segregation now, segregation tomorrow and segregation forever!"

- Wallace promised his constituents that he would do everything in his power to stop these students
from registering up to and including physically preventing these three students from registering for
classes himself.
- On the day that the three AA students attempted to enroll at the University of Alabama, Wallace
symbolically stood in the doorway of the registrar. Kennedy with prudence had already deployed US
marshals and military anticipating a spiraling of events.

- The marshal was unable to convince Wallace to move, who threatened a breakout of violence on being
warned that he would get arrested if he didn't move.

- Then a colonel of the military on hand at the campus warned Wallace to move aside. Wallace finally
abided by the instruction and moved aside. And as a result, the University of Alabama was
desegregated.

- The desegregation of the University of Alabama is another example of the US president using the
power of the government to enforce the law of the land and guarantee civil rights.

- Like the other events of desegregation, this event also led to other instances of desegregation.

Civil Rights Legislations

 Civil Rights Act of 1964

Background

- The origins of the Civil Rights Act of 1964 lied with President Kennedy.

- In June of 1963, JFK went on national TV to give a report to the American people on civil rights. In the
end of the report, Kennedy drew a lot of attention to the US Congress and urged it to do a few things of
importance.

- He urged the Congress to pass legislation "giving all Americans the right to be served in facilities which
are open to the public—hotels, restaurants, theaters, retail stores, and similar establishments," as well
as giving "greater protection for the right to vote."

- JFK, however, faced stiff resistance in Congress especially from Southern politicians, many of which
were from his own Democratic Party. For example, Rep. Howard W. Smith (D) and Senator Richard
Russell (D), who were both leading members of the Congress, resisted Kennedy's calls for civil rights
legislation. Throughout the summer and early fall of 1963, they were able to use their influence to
prevent the Congress from passing any meaningful civil rights legislation.

- It seemed that Kennedy's urges had fallen on deaf ears and his call for legislation was going to wither
away. Everything changed, however, on November 22nd, 1963 when JFK was assassinated in Dallas, TX.

- JFK's assassination changed the political situation in Washington, D.C. JFK's vice president was Lyndon
Baines Johnson. So Johnson assumed the presidency after Kennedy's death. LBJ was from Texas, and he
was a career politician.
- After JFK's death, it was up to LBJ to get any type of civil rights legislation passed.

- In Johnson's first address to the US Congress upon becoming president, it was clear that he was going
to use the tragic death of JFK to push for what JFK had been always pushing for: civil rights legislation.

- Johnson, being a career politician, knew what it took to get legislation passed through the US Congress.
Over the next 6 or 7 months, Johnson embarked on a political campaign, using the bully pulpit of the
presidency as well as intimidation and strong-arm tactics, imparting what was famously called the LBJ
"treatment." What he was doing was calling on congressmen who had previously been obstructing
efforts of civil rights legislation and using his stature as president to cajole or strong-arm them into
supporting the civil rights legislation.

- Johnson's "efforts" were key to the passage of the Civil Rights Act of 1964.

- Concurrently, over the course of 6/7 months, LBJ, his staff and the authors of the civil rights bill worked
very closely with civil rights leaders such as MLK Jr. The purpose of these meetings was to craft the
language of the bill and to make sure all the bases were covered. Johnson did not want a short piece of
legislation. Johnson wanted a comprehensive, far-reaching piece of civil rights legislation. And so the bill
required the aid, knowledge and experience of people such as MLK Jr.

- Finally, in the summer of 1964 on July 2nd, the Civil Rights Act was placed upon President Johnson's
desk, and he signed it into law.

Basic substance of the law

- Discrimination based upon race in public facilities and employment became a violation of federal law.

Significance

- Most far-reaching, comprehensive piece of civil rights legislation in American history. The Civil Rights
Act in 1964 was the culmination and fulfillment of the hopes and dreams of what began almost a 100
years earlier with the first Reconstruction after the American Civil War.

 Voting Rights Act of 1965

- The Voting Rights Act of 1965 came about because many Southern states had found ways to reduce
the number of black voters in the South. They came up with different things such as literacy laws and
poll taxes. Under the literacy laws, if a voter couldn't solve a literacy test at the polling station, he wasn't
allowed to vote. The poll tax was a state tax that a voter would have to pay about 6 months before an
election. Things like literacy laws and poll taxes fell disproportionately on the side of AAs. And
consequently, they had the effect of reducing the number of AAs eligible to vote and the number that
actually did vote in Southern state and national elections.

- As a result of these tactics designed to reduce Black voting, outrage began to build throughout the
country. There were protests and demands for actions that JFK had urged the Congress to undertake
two years earlier. (Kennedy had proposed legislation to provide all-encompassing protection for all
voters.)

- The need of the hour demanded a legislation along the line of Kennedy's proposal.

- LBJ again used his influence and "treatment" to cajole congressmen into supporting a legislation, which
this time offered better protections to voters.

Substance of the law

- Outlawed discrimination in voting. Put an end to things like poll taxes and literacy exams.

- Federal agents would be sent to some Southerner states at the time of elections (state and national) to
register black voters and prevent discrimination by monitoring the election process.

Significance

- In just 1965, as a result of this act, over 250,000 new Black voters were registered in the South. The
following years, the number went up further progressively.

- This demonstrates that the Voting Rights Act was immensely successful in achieving its goal.

- Also, since the US would have more and more AA voters after the passage of the act, for the first time
since Reconstruction, AAs would be elected to high office (state/national) in the Southern states.