The 1957 Civil Rights Act in the US is often seen as not being a great success. However, here James Hernandez argues that the Act was very important as it led the way to the greater changes of the 1960s and beyond - it could even be seen as the start of ‘Modern Reconstruction’.

Lyndon B. Johnson (left) and Richard Russell (right) in 1963. The two Democrats were on opposing sides in the argument around the 1957 Civil Rights Act.

Lyndon B. Johnson (left) and Richard Russell (right) in 1963. The two Democrats were on opposing sides in the argument around the 1957 Civil Rights Act.

Arguably the fountainhead for the modern civil rights movement, the 1957 Civil Rights Act is seemingly excluded from its rightful place in mainstream history as it never fully delivered its promised potential. But nonetheless, the legislation should be celebrated for its symbolic significance as it demonstrated a growing acceptance towards the Civil Rights Movement and the federal government’s willingness to intervene with state governments to ensure African-Americans were provided with equal extents of the law. As the advancement of Civil Rights remains pertinent in American society today, the beginning of what will soon be widely recognized as Modern Reconstruction originates from the forgotten act as it established the fundamental basis for African-American voter protection and influenced the creation of President Johnson’s landmark Civil Rights agenda. 

 

1950s America

America was in dire need of a societal evaluation as the country fell deeper into the polarizing void that divided the nation over the issue of segregation during the 1950s. The claimed “free world” of the United States was contradicted by racial injustices present in the nation and was heavily criticized by the Eastern Bloc in the Cold War. Despite Brown v. Board delivering a much needed ruling in favor of desegregation and generating invaluable optimism to what would become the Civil Rights Movement, the new legislation was not strong enough to supersede the actions of pro-segregationist state governments that worked to uphold de facto segregation practices within the capacity of state law. The South became the epicenter for racial conflict as Southern Dixiecrats continually condoned the violent behavior of white segregationists. President Eisenhower soon recognized the growing division of the country and finally decided to put his foot down on the issue along with the help of Attorney General Herbert Brownell.

President Eisenhower’s powerful commitment to social justice played a key role in influencing and supporting Brownell’s legislative proposal that was soon introduced in the House on March 11, 1956 (H.R. 6127). The proposed law aimed to extend the security of African-American voting rights under the 15th Amendment as only 20% of the population was registered to vote as discriminatory provisions such as literacy tests were still ubiquitous in the South. Other key components included the implementation of a Civil Rights Commission to further analyze investigations regarding the denial of rights to minorities, the creation of an assistant attorney general position specifically to aid civil rights in the Department of Justice, the expansion of federal authority to interfere with state laws to ensure equal rights were being properly secured by states, and the enactment of further provisions that would protect African-Americans from unfair circumstances in court.

 

Lyndon B. Johnson’s role

Though the bill had received support from both parties, the passage of the proposed legislation carried the divisive potential to tear apart the Democratic Party. The legislation found an unlikely supporter in Senate Majority Leader Lyndon B. Johnson as he chose to lead passage efforts to maintain stability within his party and to garner support for his future presidential campaign. Johnson’s support was quite surprising considering the fact that he had voted against civil rights legislation only a year before. Whether he truly had a change of heart regarding the issue or if his intentions were really to advance his political career, Johnson would go on to champion civil rights in his future presidency.

Senator Richard Russell of Georgia led Southern Democratic opposition to the legislation as Johnson gained momentum. Russell famously claimed that the bill would create “unspeakable confusion, bitterness and bloodshed in a great section of our common country” and was essentially “a potential instrument of tyranny and persecution” when referring to Part III of the bill which looked to extend federal authority. Russell cited a parallel between the proposition and the failed Civil Rights Act of 1866 which authorized the federal government’s usage of armed forces in order to ensure the implementation of civil rights provisions, further insinuating the likelihood of violence occurring if the bill was enacted. Russell’s efforts proved effective as Johnson soon surrendered all hope of including an extension of federal powers in the bill. In spite of facing substantial revisions, and a record setting single-person filibuster by Dixiecrat Strom Thurmond, the act was finally signed into law by Eisenhower on September 9, 1957.

 

In perspective

The 1957 Civil Rights Act was nowhere near as effective as subsequent legislation but the newly created bill was a promising stepping-stone. It was the first civil rights legislation put into law since Reconstruction and it set the stage for what would soon become one of the most influential reform eras in history - the 1960s. Despite historians citing the bill as a failure, the act should be recognized as the official beginning of the modern Civil Rights Movement. The movement would not have properly progressed without the federal embracement achieved through the 1957 act and further racial oppression would have resulted. If it were not for Martin Luther King Jr.’s untimely assassination, Johnson’s unexpected decision to not seek re-election, and the government diverting a large portion of their attention towards the escalating tensions of the Vietnam War in 1968, the Civil Rights Movement would have greatly progressed through the 1970s and 1980s and racial equality would have been more widely prevalent. Moreover, the Civil Rights Act of 1957 would have inevitably fulfilled its potential and obtained its rightful place in American history.

 

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