Title: The New Deal and Civil Rights
Author: Benjamin Gonzalez O'Brien
Post 19th-century America still saw Black Americans as second-class citizens despite the 14th and 15th Amendments.
Racism and exclusion persisted, especially in the South.
Emergence of Jim Crow laws in the South post-Reconstruction, which enforced strict segregation and curtailed African-American rights.
Republican Party's support for Black rights diminished, leading to continued poverty and lack of education for many Black Americans.
The legacy of slavery continued to affect African-Americans.
Resurgence of nativism in the 1920s, exemplified by the Johnson-Reed Act of 1924, aka The National Origins Act.
Criminalization of undocumented entry into the U.S. in 1929 (S. 5094 aka The Undesirable Aliens Act).
Increased hostility towards Mexican immigrants and Mexican-Americans; program of Mexican repatriation (1929-1936) had varying estimates (500,000 to over 2 million).
Some American citizens, primarily children, also faced repatriation.
Great Depression began in 1929, lasting until 1941, peaking with 25% unemployment.
Herbert Hoover believed in market self-correction; government intervention deemed unnecessary.
Franklin Delano Roosevelt (FDR) elected in 1932 as Democrats gained majorities, marking Democratic dominance in subsequent years.
Roosevelt Administration marked the first significant shift of African-Americans from the Republican Party to the Democratic Party.
New Deal programs aimed to alleviate the hardships of the Depression significantly affecting Black Americans.
By 1948, African-Americans were still split evenly between the two parties but 71% voted for FDR in 1936 due to New Deal programs.
The New Deal changed government expectations, promoting greater intervention in the economy, including the idea of "freedom from want."
Wagner Act (National Labor Relations Act): ensured protection for unionization and collective bargaining.
Fair Labor Standards Act: introduced minimum wage, guaranteed overtime pay, prohibited child labor.
Social Security Act: created fundamental welfare programs, still pivotal in today’s U.S. system.
Federal government aimed to expand its domestic policy role; initial Supreme Court strikes on New Deal programs.
Roosevelt's court packing threat to appoint additional justices led to the Judiciary Reorganization Act of 1937.
Resulted in two justices changing their stance, upholding significant New Deal legislation like Wagner and Social Security Acts.
Editorial cartoon from Buffalo News (1937): depicts FDR amidst themes of dictatorship and government reorganization.
“Switch in time that saved nine,” with two justices changing opinions, leading to a new constitutional order supportive of federal welfare programs.
Tensions over court-packing strained FDR’s relations with Republicans, causing resistance within Congress against New Deal.
The New Deal represented a constitutional moment due to significant federal power expansion.
Benefits for Black Americans often limited due to local administration; significant exclusion in Southern states where discrimination persisted.
Estimated 65% of Black Americans lacked access to social security and other benefits.
Smith v. Allwright (1944): challenged white-only primaries as a 14th Amendment violation; a precursor to Brown v. Board (1954).
Brown v. Board (1954):
Brown I established that segregated educational facilities violated the 14th Amendment.
Brown II called for desegregation "with all deliberate speed," leading to ambiguous enforcement.
Post-New Deal challenges to the "separate but equal" doctrine.
Brown v. Board held that separate educational facilities are inherently unequal.
Southern states used ambiguity in Supreme Court rulings to delay desegregation.
Tactics included tokenism and funding private White schools.
First decade after desegregation efforts resulted in only 2.3% of Black children attending integrated schools.
Southern commitments to segregation remained strong.
In 1957, Governor Faubus employed the National Guard to prevent Black students from entering a school, leading to federal troop protection.
Montgomery Bus Boycott sparked by Rosa Parks' arrest in 1955, led to national attention and momentum for the Civil Rights Movement.
Martin Luther King Jr. emerged as a key leader.
Peaceful protests often met with violence; media exposure generated greater sympathy for the movement.
King emphasized disobedience against unjust laws while advocating non-violence.
Historic March on Washington (1963) saw King deliver "I Have a Dream" speech attracting hundreds of thousands.
Emergence of more militant Black Nationalism associated with figures like Malcolm X, who advocated self-defense and support for Black businesses.
The assassinations of Malcolm X in 1965 and Martin Luther King Jr. in 1968 weakened the Civil Rights Movement significantly.
King’s peaceful protest image evolved post-CRA and VRA, especially with opposition to the Vietnam War; public sentiment shifted.
Despite media portrayal, 93% of Black Lives Matter protests were peaceful as per 2020 data.
Ratified on January 23, 1964, prohibiting poll taxes for federal elections, countering disenfranchisement efforts in Southern states.
Signed by Lyndon Johnson on July 2, 1964, aimed at ending segregation in public education/accommodations.
Title I addressed voting standards.
Title II prohibited discrimination based on race, color, religion, or national origin.
Title III mandated public facilities desegregation.
Title IV focused on public education desegregation.
Title V established a Civil Rights Commission.
Title VI prohibited discrimination in federally assisted programs.
Title VII prohibited discriminatory hiring practices.
Enacted on August 6, 1965, giving the Justice Department power to suspend restrictive voting tests in Southern states.
States had to seek approval for electoral law changes affecting race-based voting measures; recent judgement in Shelby v. Holder (2013) deemed this unconstitutional, leading to the reimplementation of voter ID laws criticized for potential disenfranchisement.