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Although the story of federal protection of civil rights is conveniently told chronologically, two themes predominate. First, federal protection of civil rights has a paradoxical relationship with states' rights. All civil rights legislation has been opposed or limited in response to the argument that the federal government should not involve itself in areas of state responsibility. The Supreme Court repeatedly voiced this concern and, in the past, invalidated civil rights legislation partly on this ground. Deference to state law enforcement prerogatives always has been a centerpiece of Justice Department civil rights enforcement policy. For decades, Congress repeatedly rebuffed so basic a measure as antilynching legislation in the name of states' rights.

Yet the original federal civil rights statutes, and their underlying constitutional amendments, were responses to outrages by states or to private outrages that states failed to ameliorate. Given the origins of the need for federal protection of civil rights, states' interests often received undue weight in shaping federal civil rights policy.

Second, there is a seedy underside to the topic of federal protection of civil rights. For many years, the federal government was more involved with denying Blacks rights than with protecting them. The quest for civil rights in education dates back to the founding of the United States as a country. In 1787, the Reverend Prince Hall and Black citizens petitioned the Massachusetts State Legislature for equal educational facilities. Their petition was not granted.

This entry highlights those themes as it reviews U.S. history in the areas of civil rights and education.

The Reconstruction Era

It was not until the Civil War that anything looking like federal involvement in civil rights and education took place, with the creation of the Bureau of Refugees, Freedmen, and Abandoned Lands (Freedmen's Bureau). The Bureau's statutory charge, “the control of all subjects relating to refugees and freedmen from rebel states,” enabled it to perform a variety of educational and social welfare functions. Its greatest success was education. It established or supervised many kinds of schools: day, night, Sunday, and industrial, as well as colleges. Many of the nation's Black colleges were founded with aid from the Bureau, including Howard University, Hampton Institute, St. Augustine's College, and Fisk University, to name a few. This initial effort on the part of the Freedman's Bureau to assist Blacks was tainted by, among other factors, its role in establishing the oppressive system of Southern labor contracts. With few exceptions, federal protection of Blacks via the Freedmen's Bureau terminated in 1868.

Congress's other Reconstruction legislation employed a variety of techniques to protect civil rights. The Civil Rights Act of 1866 and the Force Act of 1870 imposed penalties on those who enforced discriminatory features of the Southern Black Codes, and the 1870 act made it a crime to conspire to hinder a citizen's exercise of federal rights. The 1870 act also provided special protection for Black Voting Rights Act and the Force Act of 1871 went further by providing for the appointment of federal supervisors to scrutinize voter registration and election practices. The Civil Rights Act of 1871 authorized civil actions and additional criminal penalties against those who violated constitutional rights and authorized the president to use federal forces to suppress insurrections or conspiracies to deprive “any portion or class of… people” of federal rights.

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