OCR Specification focus:
‘Presidents, Congress, the Supreme Court and States alternately advanced and obstructed rights.’
Federal and State Governments’ Roles in African American Civil Rights
Federal and state authorities shaped African American civil rights from 1865 to 1992, alternately advancing and obstructing equality through legislation, judicial rulings, executive actions, and state policies.
Presidential Actions: Leadership and Limitations
Reconstruction Presidents and Early Efforts
After the Emancipation Proclamation (1863) and Union victory, Presidents faced the challenge of integrating freed people into American society.
Andrew Johnson (1865–69) opposed Radical Reconstruction and vetoed major civil rights bills, enabling Southern states to pass Black Codes restricting freedom.
Ulysses S. Grant (1869–77) enforced the 15th Amendment (1870) and used federal power against the Ku Klux Klan through the Enforcement Acts (1870–71).
Black Codes: State laws passed in the South after the Civil War to limit the rights and freedoms of African Americans and maintain white supremacy.
Despite these efforts, waning Northern support led to the Compromise of 1877, ending Reconstruction and federal intervention in the South.
Twentieth-Century Presidential Roles
Presidential commitment varied, often shaped by political pressures:
Theodore Roosevelt invited Booker T. Washington to the White House in 1901, signalling symbolic support but avoiding substantive reform.
Franklin D. Roosevelt’s New Deal (1933–45) improved economic conditions but largely ignored racial segregation to maintain Southern Democrat support.
Harry S. Truman desegregated the armed forces through Executive Order 9981 (1948) and supported civil rights proposals, though many were blocked in Congress.
First page of Executive Order 9981, signed by President Truman, declaring equality of treatment and opportunity in the U.S. armed services. As a direct executive measure, it bypassed congressional stalemate and compelled institutional change. Extra detail: the full page shows formatting and signature lines beyond what the syllabus requires, but this supports document literacy without adding conceptual complexity. Source
Later presidents increasingly supported civil rights:
Dwight D. Eisenhower enforced Brown v. Board of Education (1954) by deploying federal troops to Little Rock (1957).
Troops from the 101st Airborne Division escort the Little Rock Nine into Central High School under presidential orders enforcing federal desegregation. The image captures how executive power compelled state compliance with judicial rulings. It visualises the federal–state tension central to civil rights progress. Source
John F. Kennedy proposed civil rights legislation, though limited by political caution.
Lyndon B. Johnson secured landmark reforms: the Civil Rights Act (1964), Voting Rights Act (1965), and Fair Housing Act (1968), expanding federal protection of African American rights.
Civil Rights Act 1964: Landmark legislation outlawing segregation in public places and banning employment discrimination based on race, colour, religion, sex, or national origin.
Richard Nixon pursued “Southern Strategy” policies slowing desegregation, but also established affirmative action measures.
Ronald Reagan’s administration (1981–89) opposed many civil rights initiatives, vetoing the Civil Rights Restoration Act (1988) (later overridden by Congress).
Congress: Legislation as a Vehicle for Change
Reconstruction and Early Legislation
Congress spearheaded early efforts to protect African American rights:
Civil Rights Act (1866) granted citizenship to freedmen.
14th Amendment (1868) guaranteed equal protection under the law.
15th Amendment (1870) prohibited racial discrimination in voting.
However, post-Reconstruction, Jim Crow laws emerged, and Congress passed little to challenge them until the mid-20th century.
Jim Crow laws: State and local laws enforcing racial segregation and disenfranchisement in the Southern United States from the late 19th to mid-20th centuries.
Mid-Twentieth Century Reforms
Congress reasserted itself as a force for progress:
Civil Rights Acts of 1957 and 1960 aimed to protect voting rights but were weakened by Southern opposition.
The Civil Rights Act 1964, Voting Rights Act 1965, and Fair Housing Act 1968 transformed the legal landscape, outlawing discrimination and protecting African Americans’ political participation.
Civil Rights Act 1991 further strengthened employment discrimination protections.
The Supreme Court: Judicial Advances and Setbacks
Landmark Decisions and Early Retreat
The Supreme Court shaped the legal framework of civil rights:
Dred Scott v. Sandford (1857) denied African Americans citizenship, a position overturned by the 14th Amendment.
Plessy v. Ferguson (1896) established the “separate but equal” doctrine, legitimising segregation and undermining earlier gains.
“Separate but equal”: A legal doctrine established by Plessy v. Ferguson (1896) permitting racial segregation if facilities were deemed equal in quality.
Judicial Activism in the Twentieth Century
The Court reversed its stance mid-century:
Brown v. Board of Education (1954) declared segregation in public schools unconstitutional, overturning Plessy.
Loving v. Virginia (1967) struck down bans on interracial marriage.
Swann v. Charlotte-Mecklenburg Board of Education (1971) upheld busing to enforce school desegregation.
However, later rulings reflected a conservative turn:
Milliken v. Bradley (1974) limited desegregation remedies across district lines.
Regents of the University of California v. Bakke (1978) upheld affirmative action but banned racial quotas.
Shelby County v. Holder (2013) (beyond OCR period but relevant context) weakened the Voting Rights Act’s enforcement mechanism.
State Governments: Resistance and Adaptation
Resistance During Reconstruction and Jim Crow
State governments, particularly in the South, often obstructed progress:
Passed Black Codes and later Jim Crow laws.
Introduced discriminatory practices such as poll taxes, literacy tests, and grandfather clauses to suppress African American voting.
Despite federal amendments, states exploited “states’ rights” arguments to resist integration and equality.
States’ rights: The political principle that individual states have certain powers and autonomy independent of federal authority, often invoked to resist federal civil rights initiatives.
State-Level Change in the Twentieth Century
Under federal pressure and changing attitudes, states began to comply with civil rights mandates:
Southern states were compelled to desegregate schools and public facilities following Brown v. Board.
Many states established civil rights commissions and enacted anti-discrimination laws by the 1970s.
By the 1980s, affirmative action policies were implemented at state level in education and employment, though often contested.
Interplay and Tensions Between Federal and State Power
The relationship between federal authority and state autonomy shaped the trajectory of African American civil rights:
Federal intervention was often necessary to override state resistance, as seen in Little Rock (1957) and the enforcement of Voting Rights Act (1965) provisions.
Conversely, periods of federal inaction enabled states to entrench discrimination, notably after 1877.
The balance of power shifted over time, with the federal government increasingly asserting supremacy in civil rights matters, though states remained influential in implementation and enforcement.
FAQ
Presidential approaches shifted from cautious enforcement to more active intervention and later to conservative resistance.
In the 1950s, Eisenhower enforced desegregation reluctantly, deploying troops at Little Rock but avoiding broader reform.
Kennedy was sympathetic but hesitant, proposing legislation without aggressively pushing it.
Johnson marked a turning point, championing major civil rights laws and using federal power extensively.
From the 1970s, Nixon and later Reagan slowed civil rights progress, prioritising states’ rights and limiting federal intervention, reflecting conservative political realignments.
Several factors limited congressional action:
Southern Democrats dominated key committees and used the filibuster to block civil rights bills.
Many politicians prioritised party unity and feared alienating Southern voters.
Public and political attention was focused on economic issues and foreign policy, reducing pressure for reform.
It was only with the growing civil rights movement and changing public opinion in the 1960s that Congress overcame these barriers.
Lower federal courts often implemented and interpreted Supreme Court decisions, shaping how civil rights were realised locally.
They issued injunctions to enforce desegregation orders and protect activists from state repression.
Decisions in federal appellate courts influenced the pace and scope of integration, particularly in education and housing.
However, inconsistent rulings and local resistance sometimes undermined progress, requiring repeated intervention by higher courts or federal authorities.
Southern states argued that regulating education, elections, and public facilities was a matter of state sovereignty under the U.S. Constitution.
They claimed federal intervention violated the Tenth Amendment, which reserves powers not delegated to the federal government to the states.
This argument was used to defend Jim Crow laws, literacy tests, and school segregation.
Although often legally weak, these claims delayed federal action and shaped resistance strategies until landmark federal interventions in the mid-20th century.
By the 1970s and 1980s, outright defiance of federal mandates became rarer, and cooperation increased.
States began to implement civil rights commissions, anti-discrimination laws, and affirmative action policies, sometimes exceeding federal standards.
Federal agencies provided funding and oversight to encourage compliance, particularly in education and employment.
While tensions over states’ rights persisted, especially under conservative administrations, the relationship shifted from confrontation to conditional collaboration in many areas.
Practice Questions
Question 1 (2 marks):
Name two ways in which state governments in the American South sought to restrict African American civil rights after Reconstruction.
Mark scheme:
Award 1 mark for each correct example, up to a maximum of 2 marks.
Passing Jim Crow laws to enforce racial segregation. (1)
Introducing poll taxes to suppress African American voting. (1)
Using literacy tests to disenfranchise Black voters. (1)
Implementing grandfather clauses to limit the electorate. (1)
Question 2 (6 marks):
Explain how the actions of the federal government shaped African American civil rights between 1865 and 1992.
Mark scheme:
Level 1 (1–2 marks): Basic description of federal actions with little detail or explanation.
Mentions a few events or figures without linking them to civil rights change.
Example: “The government passed some civil rights laws and used troops.”
Level 2 (3–4 marks): Some explanation of how federal actions affected rights, with some supporting detail.
Identifies specific actions by presidents, Congress or the Supreme Court and links them to change or obstruction.
Example: “Lyndon B. Johnson signed the Civil Rights Act in 1964, which outlawed segregation in public places.”
Level 3 (5–6 marks): Clear and well-supported explanation of how federal actions advanced and/or obstructed civil rights across the period.
Demonstrates understanding of the varied roles of presidents, Congress and the Supreme Court.
Makes links between specific actions and their impact on civil rights.
Example: “Presidents such as Truman advanced civil rights through executive orders like 9981, which desegregated the armed forces. Congress played a crucial role with laws like the Voting Rights Act of 1965, protecting Black political participation. The Supreme Court also shaped rights, with Brown v. Board overturning segregation, though decisions like Plessy v. Ferguson earlier entrenched it.”
