User:Csparks01/Civil Rights Act of 1968

Needs more in Indian Civil Rights Act and Anti-Riot Act to balance out the Fair Housing Act. Comments on Emanuel Celler on the side, but definitely needs more info under legislative history. Other than that, things are looking neutral and reliable. The Civil Rights Act of 1968 (Pub.L. 90–284, 82 Stat. 73, enacted April 11, 1968) is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.

Titles II through VII comprise the Indian Civil Rights Act, which applies to the Native American tribes of the United States and makes many but not all of the guarantees of the U.S. Bill of Rights applicable within the tribes. (that Act appears today in Title 25, sections 1301 to 1303 of the United States Code).

Titles VIII through IX are commonly known as the Fair Housing Act, which was meant as a follow‑up to the Civil Rights Act of 1964 (this is different legislation than the Housing and Urban Development Act of 1968, which expanded housing funding programs). While the Civil Rights Act of 1866 prohibited discrimination in housing, there were no federal enforcement provisions. The 1968 act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, and since 1974, sex. Since 1988, the act protects people with disabilities and families with children. Pregnant women are also protected from illegal discrimination because they have been given familial status with their unborn child being the other family member. Victims of discrimination may use both the 1968 act and the 1866 act's section 1983 to seek redress. The 1968 act provides for federal solutions while the 1866 act provides for private solutions (i.e., civil suits). The act also made it a federal crime to "by force or by threat of force, injure, intimidate, or interfere with anyone... by reason of their race, color, religion, or national origin, handicap or familial status."

Title X, commonly known as the Anti-Riot Act, makes it a felony to "travel in interstate commerce...with the intent to incite, promote, encourage, participate in and carry on a riot." That provision has been criticized for "equating organized political protest with organized violence."

Background
Further information: Chicago Freedom Movement and Ghetto riots

The first shift towards equality for Negro occurred when President Abraham Lincoln passed the Emancipation Proclamation in 1863, which declared that "all persons held as slaves... shall be then, thenceforward, and forever free...". The Civil Rights Act of 1866 declared all people born in the United States are legally citizens. That means they could rent, hold, sell and buy property. It was meant to help former slaves, and those who refused to grant the new rights to ex-slaves were guilty and punishable under law. The penalty was a fine of $1000 or a maximum of one year in jail. The 1866 act provided no means to enforce the provisions.

The Civil Rights Movement (1954-1968), beginning after the Brown v. Board of Education case, paved the way for the passage of a few civil rights bills. The Civil Rights Act of 1957 created the United States Commission on Civil Rights and the United States Department of Justice Civil Rights Division. The Civil Rights Act of 1960 enacted federal legislation of local registration polls and if anyone obstructed someone's right to vote, there were severe penalties. It also extended the Civil Rights Commission, so it could oversee registration and voting practices. The Civil Rights Act of 1964 outlawed discrimination on the basis of race, color, religion, sex, and national origin. Unequal application of voter registration requirements, racial segregation, and employment discrimination were also prohibited. The Voting Rights Act of 1965, similar to the Civil Rights Act of 1964, prohibited racial discrimination in voting. The Act was later expanded to help protect the right to vote for racial minorities throughout the country (mainly the South).

Another impetus for the law's passage came from the 1966 Chicago Open Housing Movement. Also influential was the 1963 Rumford Fair Housing Act in California, which had been backed by the NAACP and CORE. and the 1967 Milwaukee fair housing campaigns led by James Groppi and the NAACP Youth Council. Senator Walter Mondale advocated for the bill in Congress, but noted that over successive years, a federal fair housing bill was the most filibustered legislation in US history. It was opposed by most Northern and Southern senators, as well as the National Association of Real Estate Boards. A proposed "Civil Rights Act of 1966" collapsed completely because of its fair housing provision. Mondale commented:"A lot of [previous] civil rights [legislation] was about making the South behave and taking the teeth from George Wallace…. This came right to the neighborhoods across the country. This was civil rights getting personal.:"Two developments revived the bill. The Kerner Commission report on the 1967 race riots strongly recommended "a comprehensive and enforceable federal open housing law," and was cited regularly by Congress members arguing for the legislation. The final breakthrough came in the aftermath of the April 4, 1968 assassination of Martin Luther King, Jr., and the civil unrest across the country following King's death. On April 5, Johnson wrote a letter to the United States House of Representatives urging passage of the Fair Housing Act. The Rules Committee, "jolted by the repeated civil disturbances virtually outside its door," finally ended its hearings on April 8. With newly urgent attention from legislative director Joseph Califano and Democratic Speaker of the House John McCormack, the bill (which was previously stalled) passed the House by a wide margin on April 10.

Legislative history[edit]
President Johnson used the Civil Rights Movement in order to convince the public to allow him to stay for a second presidential term. In 1966, he tried passing another Civil Rights Act, but it was not passed through by the Senate. On February 17, 1967, the bill was introduced in the House by Senator Celler and in the Senate by Senator Philip A. Hart.

The House Judiciary Committee cleared HR 2516 (civil rights bill) and HR 10805 (extended life of Civil Rights Commission for another five years). House Judiciary Subcommittee No. 5 June 22 approved a package combining HR 2516 and HR 421 (Administration bill) in order to strengthen protections for civil rights workers.

The initial vote in the House of Representatives was 327–93 (161–25 in the House Republican Conference and 166–67 in the House Democratic Caucus) with 12 members voting present or abstaining, while in the Senate the final vote with amendments was 71–20 (29–3 in the Senate Republican Conference and 42–17 in the Senate Democratic Caucus) with 5 members voting present or abstaining. The House agreed to the Senate amendments by a vote of 250–172 (100–84 in the House Republican Conference and 150–88 in the House Democratic Caucus) with 10 members voting present or abstaining.

Bill H.R. 2516 was passed by the 90th United States Congress and signed by the 36th President of the United States, Lyndon B. Johnson on April 11, 1968.

Title I: Hate crimes[edit source]
Further information: Hate crime laws in the United States

The Civil Rights Act of 1968 also enacted 18 U.S.C. § 245(b)(2), which permits federal prosecution of anyone who "willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person's race, color, religion or national origin" because of the victim's attempt to engage in one of six types of federally protected activities, such as attending school, patronizing a public place/facility, applying for employment, acting as a juror in a state court or voting.

Persons violating this law face a fine or imprisonment of up to one year or both. If bodily injury results or if such acts of intimidation involve the use of firearms, explosives or fire, individuals can receive prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can be punishable by life in prison or the death penalty.

Though sexual orientation and gender identity were also excluded from this law, they are included in a more recent Federal hate-crime law, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.

Title II–VII: Indian Civil Rights Act
The Indian Civil Rights Act of 1968 granted Native Americans full access to the United States Bill of Rights. While the first section focuses on re-establishing amendments now granted to Native Americans, the rest of the section focuses on Native Americans in the United States legal system. The last section of this act points out other materials related to more constitutional rights of Native Americans, such as the "Indian Affairs, Laws and Treaties" doctrine.

Article body - Need more information and Scholarly Journals Around Titles II-VII!
 Title I—interference with federally protected activities 

Section 101 holds that Chapter 13, civil rights, title 18, United States Code, is amended by inserting a new section (Section 245) called Federally protected activities. It establishes that this section isn't set as an intent on the part of Congress, or is constructed to limited the authority of Federal officers (or Federal grand jury) to investigate possible violations in this section. In this section of the bill sets the standard for preventing any kind of threat of force by someone who willfully injures, intimidates, interferes with or even attempts any of these actions upon a person of color (full discrimination set as race, color, religion, or national origin) when the minority in question is:


 * Voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official in any election
 * Participating in or enjoying any benefit, service, privilege, program, facility
 * Applying for or enjoying employment
 * Serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court
 * Participating in or enjoying the benefits of any program or activity receiving Federal financial assistance
 * Enrolling in or attending any public school or public college
 * Traveling in or using airy facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air
 * Enjoying the. goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment

Any citizen who has been ordered to discourage these citizens from aiding/encouraging other persons to participate without discrimination in any activities listed above will be:


 * Fined $1,000 or imprisoned for a year (or both)
 * Fined $10,000 or imprisoned for ten years (or both) if there was any sort of bodily injury
 * Imprisoned for any term of years or for life if death has occurred

There is a similar section that also involved prevention for intimidation in fair housing, in Title XII.

The rest of the sections in this title are based around amendments to this legislative Act. For example, besides Section 245, Section 2101 called Riots has also been added. In this section, it focuses on putting a penalty behind any related riot actions, where a person can be fined $10,000 or imprisoned for 5 years (or both). There is a definition section (Section 2102) for defining: riot and to incite a riot. Also, This section also holds an edit for the United States Code, where a chapter called Riots is inserted.

Title III—model code governing courts of Indian offenses[edit]

In this title, the Secretary of Interior is supposed to recommend (to Congress) a model code to govern the administration of justice when it comes to Indian offenses on Indian reservations on July 1st, 1968. The title also mentions some provisions for individuals being tried in the court of Indian offenses:


 * Any individual being tried shall have the same rights, privileges, and immunities as any other individual granted by the United States Constitution.
 * Any individual being tried will be advised and made aware of these rights and any other tribal constitution applicable.
 * Establish proper qualifications for the office of judge
 * Provide training for judges through educational classes

In order to carry out these provisions, the Secretary of Interior was also encouraged to consult with Indians, Indian tribes, and agencies of the U.S.

Title IV—jurisdiction over criminal and civil actions

Section 401 covers assumptions by states. It's the main foundation for Indian rights. It states that Indians shall not be alienated or deprived of any right, privilege, or immunity afforded under Federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation.

Section 402 covers assumptions by states of civil jurisdiction. The main point to focus on here is to note how the States don't have jurisdiction over civil causes of action between Indians or Indian parties. However, this section also brings up more Indian rights. It states that nothing shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water lights, belonging to any Indian or any Indian tribe, band, or community.

Section 403 covers retrocession of jurisdiction by states. The United States is authorized to accept a retrocession by any state of all or any measure of the criminal or civil jurisdiction (or both).

Section 404 covers consent to amend state laws. The United States is given to the people of any state to amend their state constitution or existing statutes, in order to remove any legal impediment to the assumption of civil or criminal jurisdiction in accordance with the provisions of this title.

Section 405 covers actions not to abate. It states that no action pending immediately prior to any cession of jurisdiction shall abate by reason of that section. For the action or proceeding, such cession shall take place on the day after the date of the final determination of the action or proceeding. Also, it states that no cession made by the United States shall deprive any court to hear, determine, render judgment, or impose sentence in any criminal action instituted against any person for any offense committed.

Section 406 covers special elections. State jurisdiction is created by a majority vote of adult Indians in a special election. For this special election, the Secretary of the Interior calls the rules and regulations for the election, when the tribal council or other governing body requests to do so.

Title V - offenses within Indian country

Amends section 1153 of title 18 of the United States Code. With the new addition, it reads: "weapon assault resulting in serious bodily injury".

Title VI—employment of legal counsel

An Indian, Indian tribe, Indian council, or any group of Indians have a right for the employment of legal counsel, and includes the choice of counsel and the fixing of fees. If any application made requiring the approval of the Secretary of Interior or the Commissioner of Indian Affairs is not granted or denied within 90 days, then the approval shall be deemed to have been granted.

 Title VII—materials relating to constitutional rights of Indians[edit] 

In this title, there are a few materials mentioned to help strengthen the constitutional rights of Native Americans: "Indian Affairs, Laws and Treaties" and "Federal Indian Law". This Act only mentions for these documents to be revised and printed on September 1st, 1967. However, it is crucial to truly understand what these materials contain:

The "Indian Affairs, Laws and Treaties" material is full of treaties between Natives and the U.S. government. For this bill, however, the protection was originally created by the Treaty of Peace between the Navajo Indian Tribe and the United States. On June 1, 1868, with the signing by 29 Navajo headmen and 10 officers of the United States Army, the sovereignty of the Navajo Tribe was officially recognized. (It was later ratified by the Senate on July 23 and proclaimed by President Andrew Johnson on August 12). With this treaty, it brought the end to a four-year period of the hardships and exile brought upon the Navajo Tribe.

On May 17, 1968, Congress, with a joint resolution, requested the President for a centennial signing of the treaty. Therefore, President Lyndon B. Johnson established the centennial of the signing of the 1868 Treaty of Peace between the Navajo Indian Tribe and the United States.

The "Federal Indian Law" material, on the other hand, is much broader than the other source. Basically, "Federal Indian Law" contains treaties, statutes, executive orders, administrative decisions and court cases that defines the political and legal status of federally recognized Native Americans. Within this material, the relationship of tribes and the U.S. government is defined as well as what the role of tribes are in states and the federal government. The three fundamental legal principles* in "Federal Indian Law" are:


 * 1) American Indian and Alaska Native tribes that are recognized by the federal government are independent sovereign governments, separate from the states and from the federal government.
 * 2) Unless Congress provides otherwise, the sovereignty of federally recognized American Indian and Alaska Native tribes generally extends over their federally recognized geographic territory (e.g., reservations, allotments, trust and restricted Indian lands, and other Indian country), including over the activities and conduct of tribal members and non-tribal members within that territory
 * 3) The sovereignty of federally recognized American Indian and Alaska Native tribes is inherent and exists unless and until Congress takes it away.

* Note : The legal principles are sourced from the "Federal Indian Law" material, resourced from the "Federal Indian Law and Policy Affecting American Indian and Alaska Native Education" document

 Title IX—prevention of intimidation in fair housing cases 

As the title states, this section of the bill sets the standard for preventing any kind of threat of force by someone who willfully injures, intimidates, interferes with or even attempts any of these actions upon a person of color (full discrimination set as race, color, religion, or national origin) when the minority in question is:

Any citizen who has been ordered to discourage these citizens from aiding/encouraging other persons to participate without discrimination in any activities listed above will be: Title X—civil obedience
 * Selling, purchasing, renting, financing, occupying, contracting, or negotiating for the sale
 * Applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings
 * Participating or encouraging others to participate in any of the activities, services, organizations or facilities
 * Participating lawfully in speech or peaceful assembly
 * Fined $1,000 or imprisoned for a year (or both)
 * Fined $10,000 or imprisoned for ten years (or both) if there was any sort of bodily injury
 * Imprisoned for any term of years or for life if death has occurred

Section 231 covers civil disorders. The civil disorders mentioned in this section are:


 * Teaching or demonstrating to any other person the use, application, or making of any firearm or explosive or incendiary device, or technique capable of causing injury or death to people
 * Transporting or manufacturing for transportation in commerce any firearm, or explosive or incendiary device, knowing that it will be used in furtherance of a civil disorder

Whoever commits or attempts to commit any of these acts will be fined no more than $10,000 or imprisoned no more than 5 years, or both.

Section 232 covers definitions in this title. The definitions that are defined are: civil disorder, commerce, federally protested function, firearm, explosive or incendiary device, and law enforcement officer.

Section 233 covers preemption. None of the provisions contained in the title are intended on the part of Congress to occupy the state or local laws with the same subject matter nor are constructed to invalidate any provision of state law unless it is inconsistent. This section also holds an edit for the United States Code, where a chapter called Civil Disorders is inserted.

References:
No Author. Text of President's Civil Rights Message to Congress Asking Open Housing Law: Johnson Appeals for Justice For Negroes. (1967, Feb 16). New York Times (1923-) Retrieved from https://www.proquest.com/docview/117690947?accountid=12924&forcedol=true&forcedol=true

"President Proposes Broad Civil Rights Legislation." 1967. Congressional Quarterly Weekly Report. February 17, 1967. pg. 239.

"Civil Rights Legislation." 1967. Congressional Quarterly Weekly Report. June 30, 1967. pg. 1113.