American Federalism and the Civil Rights Act of 1875

Abstract

Charles Sumner's Supplementary Civil Rights Bill, which after a tortuous legislative history became law as the Civil Rights Act of 1875, was intended to spell out in specific terms the procedural guarantees of the Thirteenth and Fourteenth Amendments and so to outlaw racial discrimination in public accommodation, entertainment and transport, in juries, churches and publicly supported schools and charities. The measure was not only the culmination of Sumner's life-long efforts on behalf of the Blacks, but also the only comprehensive attempt made by Congress during Reconstruction to secure racial equality. Yet the purpose of the Act was undermined even before its passage by die racial ambivalence and political calculations of its supporters, while the challenge it made to traditional concepts of American federalism was defeated in 1883 by the Supreme Court's decision that it was unconstitutional. The nature and extent of this challenge, however, becomes apparent only in the context of the pressures that shaped Republican legislation.