A Level History A, Popular Culture and the Witchcraze of the 16Th and 17Th Centuries Delivery

Learner resource 2 - Analysing the Evidence: The Civil Rights Act 1964

Introduction

The Civil Rights Act of 1964 is generally cited as a turning-point in the quest for greater civil rights, particularly in relation to the position of African Americans in their struggle for social recognition and equality. There is little dispute over its importance although it is one of many Acts and it was also closely followed by the Voting Rights Act 1965. However, in order to understand the significance of such events – in this case a legislative one – and the reasons why historians highlight them, you will need to have a firm understanding of the nature of Federal and State governments, the role of the Supreme Court and the process of legal reform. One way of achieving this understanding is to study the documents themselves as they reveal interesting insights into the way politicians, the judiciary and the electorate thought, acted and responded to proposed changes. Through studying a series of original documents all relating to the Civil Rights Act 1964, otherwise referred to as HR 7152, you will be able to appreciate the complexity of legal decisions with their various aims and constraints. At this stage, you do not need to have a detailed knowledge of associated events and the purpose of the following tasks is to develop your awareness of the style, content and tone of legal documents. Analyse the documents as if reading a foreign language text, without any expectation that you should understand every word or connotation at first reading. The most important thing is to grasp the essence of the documents and consider some key features. This will help you have a snapshot of the American political and legal system prior to studying each Themes topic. It will also introduce you to some concepts, terminology and political structures which you will be referring to throughout your studies.

Activity

The following activities will require you to look at slides of original documents available online at the Archives of the US House of Representatives

When you have located each individual document (slide), there is a zoom facility to enlarge the image. Consider the questions in the order they are presented, making a brief note of your answers in preparation for writing a short summary.

The Civil Rights Act (HR7152) – Slides 8 -11

Pages 1 and 2 - Introduction or Section 101 (Sec101):

1) What is meant by the following references?

a) ‘constitutional right’

b) ‘public accommodations, facilities and education’

c) ‘Senate, House of Representatives and Congress’

2) What do each of the clauses A, B and C refer to and actually mean? Why might C have been written the way it has?

Page 3 – Section 201 (Sec 201) a) and b)

3) What does this seek to prevent? Which types of places does it refer to?

Page 4 – Section 202 (Sec.202)

4) Which criteria are identified when referring to people being entitled to freedom ‘from discrimination or segregation’?

5) Are there any criteria which are not mentioned in this list and why might that be the case?

Engrossed Copy of HR7152 (Amendments) – Slide No. 5

1) Look at both pages. What was suggested as an amendment and by whom?

2) What is significant about this in terms of what it tells us about the nature of legal decisions and documents?

3) Why might the omission of these references on the final document have caused problems?

Repeal Petition for HR7152 – Slide No. 6

1) Scan the document quickly to identify its tone and style. Which comments or features contained within the petition reflect this? What is the intention behind referring to the constitution, President and government institutions or bodies?

2) Who wrote or signed this petition and why?

3) Look at the list of signatures. How useful is this document as evidence of public feeling about the Act in Louisiana?

Summary

Consider everything you have looked at so far.

Which previous Acts and sections were referred to in the introduction to the Civil Rights Act and why?

Does this imply that the Civil Rights Act 1964 was a turning-point or an extension of existing laws?

How might different types of people or social groups view this differently?

What have you learnt about the language or style of legal documents, the American constitution and legal process?

What part did the American citizenry play in the introduction of new laws? How might this have changed over time.

Extension activities/questions

Interpretations: the significance of the Civil Rights Act 1964

Read the online commentary provided next to the documents which is entitled ‘Delivering on a dream’.

a)Identify the roles of individuals and events in pushing for progress and the passing of the Civil Rights Act 1964, making a note of names and how they specifically helped.

b)Read the comments made by Ray Madden. What does this suggest about the significance of the Act as seen by people at the time?

c)Is the perspective of those directly involved in or witnesses to change as important as the perspective of historians or individuals who were far removed from them? How does experiencing legal reform affect historical interpretations of events?

d)Listen to the testimony of several witnesses in either video or audio format by clicking on the link to Oral Histories and selecting Legislation, then the Civil Rights Act 1964.

American Politics

Explain the structure, function and limitations to power of Federal and State government bodies or institutions as well as the role of the President.

Explain the way in which the American constitution and legal system can be viewed positively and negatively in terms of both protecting and constraining its citizens. Consider the ‘theory’ in comparison to ‘practice’.

Civil Rights in the USA 1865-1992 Delivery Guide