3.10 Government Efforts to Enforce Civil Rights

Constitutional & legislative tools

After Brown v. Board of Education (1954) declared segregation unconstitutional, Congress used its enforcement powers under the 13th, 14th, and 15th Amendments to pass landmark laws: the Civil Rights Act of 1964 (banned discrimination in public places/employment) and the Voting Rights Act of 1965 (ended literacy tests, allowed federal oversight of elections).

Federal enforcement mechanisms

The government enforces civil rights through legislation, judicial rulings, and executive action. Congress can attach conditions to federal funding (categorical grants) to pressure states into compliance. Courts can order remedies like busing. The Voting Rights Act's preclearance requirement (weakened by Shelby County v. Holder, 2013) once required certain states to get federal approval before changing voting laws.

Balancing federalism & equality

Enforcing civil rights creates tension with federalism, since states traditionally control elections and local policy. Groups continue to debate whether remedies like affirmative action are constitutional means to achieve equality, balancing the goal of remedying past discrimination against claims of reverse discrimination under the Equal Protection Clause.

Key terms

Civil Rights Act of 1964

Federal law banning discrimination in employment and public accommodations based on race, color, religion, sex, or national origin.

Voting Rights Act of 1965

Law eliminating literacy tests and other discriminatory voting barriers; established federal oversight (preclearance) of certain states' election laws.

Shelby County v. Holder (2013)

Supreme Court case that struck down the coverage formula determining which states needed preclearance, weakening VRA enforcement.

Categorical grants

Federal funds given to states with specific conditions attached, often used to encourage civil rights compliance.

Affirmative action

Policies aiming to remedy past discrimination by considering race/gender in admissions or hiring; debated under the Equal Protection Clause.

Try an AP-style question

The Civil Rights Act of 1964 banned…

1. poll taxes in federal elections
2. school prayer
3. discrimination in public places and jobs
4. literacy tests for voting