7.5 How Do Governments Bring About Civil Rights Change?

Civil Rights and Government Institutions

Governments don't just respond to civil rights issues; they've historically been part of the problem. Racism has shaped laws, enforcement, and representation for centuries, building systemic inequalities into the structure of government itself. Understanding how each branch of government can both perpetuate and correct these inequalities is central to this unit.

Impact of Racism on Institutions

Racism hasn't just influenced individual attitudes. It has been embedded in the rules, practices, and structures of government. This shows up in several ways:

• Biased laws that disproportionately affect certain racial or ethnic groups
• Unequal enforcement by law enforcement and the judicial system
• Underrepresentation of minority groups in government decision-making positions
• Systemic inequalities in education, housing, and employment that government policies helped create or maintain

Two major historical examples stand out. In the United States, Jim Crow laws enforced racial segregation across the South from the late 1800s through the 1960s, restricting where Black Americans could eat, go to school, and vote. In South Africa, apartheid (1948–1994) institutionalized racial segregation and white supremacy as official government policy.

Governments have also taken steps to combat institutional racism:

• Anti-discrimination legislation like the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin
• Affirmative action policies aim to increase representation of underrepresented groups in education and employment
• Diversity and inclusion initiatives within government institutions work to promote equity in hiring and decision-making

Branches of Government in Civil Rights

Each branch of the U.S. government has distinct tools for advancing (or blocking) civil rights. Knowing which branch does what, and with which tools, is key.

Legislative branch creates the legal framework:

• Enacts laws that protect civil rights and prohibit discrimination. The most significant include the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Americans with Disabilities Act of 1990.
• Proposes constitutional amendments to expand civil rights protections (for example, the 13th, 14th, and 15th Amendments abolished slavery, guaranteed equal protection, and protected voting rights).

Executive branch puts laws into action:

• Enforces civil rights laws and implements policies to promote equality
• Issues executive orders to address civil rights issues directly. Executive Order 9981 (1948) desegregated the U.S. military. Executive Order 10925 (1961) first mandated affirmative action in federal hiring.

Judicial branch interprets and checks the other branches:

• Uses judicial review to determine whether laws are constitutional and to strike down discriminatory ones
• Landmark Supreme Court cases have reshaped civil rights in America:
  1. Brown v. Board of Education (1954) declared racial segregation in public schools unconstitutional, overturning the "separate but equal" doctrine from Plessy v. Ferguson
  2. Loving v. Virginia (1967) struck down state laws banning interracial marriage
  3. Obergefell v. Hodges (2015) legalized same-sex marriage nationwide

Executive Power and Civil Rights Reforms

Presidents have unique tools for pushing civil rights forward, and these tools fall into two categories: formal powers (with legal force) and informal powers (based on influence).

Formal Methods

• Executive orders are legally binding directives issued by the president to federal agencies. For example, Executive Order 11246 (1965) required government contractors to take affirmative action in hiring, going beyond simply banning discrimination.
• Judicial appointments shape civil rights law for decades. President Lyndon B. Johnson appointed Thurgood Marshall to the Supreme Court in 1967, making him the first Black justice. Marshall had previously argued Brown v. Board of Education as a lawyer.

Informal Methods

• The bully pulpit refers to the president's ability to use their public platform to shape opinion and build support. President John F. Kennedy's televised address on civil rights in June 1963 framed civil rights as a moral issue and helped build momentum for what became the Civil Rights Act.
• Collaboration with civil rights leaders can amplify pressure on Congress. President Lyndon B. Johnson worked closely with Martin Luther King Jr. and other movement leaders to build the political coalition needed to pass the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Government Redress of Rights Violations

Beyond passing new protections, governments sometimes try to address past injustices directly. These efforts take several forms:

Legislation aimed at rectifying past wrongs:

• The Civil Liberties Act of 1988 provided $\$20{,}000$ in reparations to each surviving Japanese American who had been interned during World War II, along with a formal apology.
• Pigford v. Glickman (1999) was a class-action settlement addressing decades of racial discrimination against Black farmers by the U.S. Department of Agriculture in loan and assistance programs.

Apologies and acknowledgments:

• U.S. House Resolution 194 (2008) formally apologized for the enslavement and racial segregation of African Americans
• U.S. Senate Resolution 201 (2005) apologized for the Senate's failure to enact anti-lynching legislation during the early 20th century

Limitations and criticisms of these efforts are worth knowing:

• Reparations for slavery and systemic racism remain deeply contentious, with debates over who should receive them and in what form
• Critics argue that apologies and symbolic gestures are insufficient without substantive policy changes that address ongoing disparities
• Persistent gaps in criminal justice outcomes, educational achievement, and wealth accumulation suggest that government redress efforts have not fully addressed historical injustices

Strategies for Civil Rights Change

Government action rarely happens on its own. Civil rights change typically results from pressure applied through multiple strategies:

• Grassroots organizing mobilizes communities to demand change from the ground up, building political power through voter registration drives, protests, and community networks
• Civil disobedience uses nonviolent resistance to challenge unjust laws. Sit-ins, boycotts, and marches draw public attention and put moral pressure on lawmakers.
• Lobbying involves direct advocacy to legislators, where organizations like the NAACP push for specific civil rights bills
• Legal challenges use the courts, often relying on the equal protection clause of the 14th Amendment, to argue that discriminatory laws violate constitutional rights

These strategies often work together. The Civil Rights Movement combined grassroots organizing and civil disobedience to build public support, while lawyers brought legal challenges and lobbyists pushed Congress to act. That combination of pressure from multiple directions is what ultimately produced landmark legislation.