Civil Rights Act of 1866

Civil Rights Act of 1866
U.S. Government · Public domain · source
Shorttitle	Civil Rights Act of 1866
Longtitle	An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication.
Enacted by	39th
Effective date	April 9, 1866
Cite public law	39–Stat. 27–30
Introducedin	Senate
Introducedby	Lyman Trumbull (R–IL)
Introduceddate	January 5, 1866
Committees	Senate Judiciary
Passedbody1	Senate
Passeddate1	February 2, 1866
Passedvote1	33–12
Passedbody2	House
Passeddate2	March 13, 1866
Passedvote2	111–38
Vetoedpresident	Andrew Johnson
Vetoeddate	March 27, 1866
Overriddenbody1	Senate
Overriddendate1	April 6, 1866
Overriddenevote1	33–15
Overriddenbody2	House
Overriddendate2	April 9, 1866
Overriddenevote2	122–41
Amendments	1991
SCOTUS cases	Jones v. Alfred H. Mayer Co. (1968)

Civil Rights Act of 1866 The Civil Rights Act of 1866 was a landmark piece of federal legislation in the United States that declared all persons born in the U.S. (except untaxed Native Americans) to be national citizens with equal rights under the law. Enacted by the Radical Republicans in Congress over the veto of President Andrew Johnson, it was the first federal law to define U.S. citizenship and affirm that all citizens are equally protected. Its passage was a foundational moment in the Reconstruction era and a direct precursor to the Fourteenth Amendment, establishing a critical legal framework for the ongoing struggle for racial justice and equality.

Background and Legislative History

Following the American Civil War and the assassination of President Abraham Lincoln, the nation entered the tumultuous Reconstruction era. The central question was the status of millions of newly freed African American people in the former Confederate states. Southern state legislatures began enacting Black Codes, a series of laws designed to restrict the freedom of African Americans and compel them into labor systems that closely resembled slavery. In response, the Radical Republicans, a faction within the Republican Party led by figures like Thaddeus Stevens in the House and Charles Sumner in the Senate, sought to use federal power to secure the rights of the freedmen. The bill was primarily drafted by Senator Lyman Trumbull of Illinois, the chairman of the Senate Judiciary Committee, who believed the federal government had a constitutional duty to protect fundamental rights.

Provisions and Legal Scope

The Act was sweeping in its declaration. It explicitly defined national citizenship for the first time, stating that "all persons born in the United States and not subject to any foreign power, excluding Indians not taxed," were citizens. It granted all citizens, without regard to race, color, or previous condition of servitude, the same right as white citizens to make and enforce contracts, sue, give evidence, and inherit, purchase, lease, sell, hold, and convey real and personal property. It also granted them "full and equal benefit of all laws and proceedings for the security of person and property." To enforce these rights, the Act authorized federal district courts to have jurisdiction over cases arising under it and empowered federal judges and U.S. marshals to prosecute violations. This was a revolutionary assertion of federal authority over civil rights, which had traditionally been under state control.

Passage and Presidential Veto

The bill passed the 39th Congress with strong support from Republicans. It passed the Senate on February 2, 1866, and the House on March 13. However, President Andrew Johnson, a Union-era Democrat from Tennessee who favored a rapid restoration of the Southern states with minimal federal intervention, vetoed the bill on March 27. In his lengthy veto message, Johnson argued the bill was an unconstitutional overreach of federal power into areas reserved to the states, that it discriminated against whites in favor of African Americans, and that it was passed by a Congress that excluded representatives from the un-reconstructed Southern states, making it illegitimate. His veto reflected the profound political and ideological clash over the nation's future.

Congressional Override and Enactment

Congress, led by the Radical Republicans, moved swiftly to override the veto, marking the first time in American history that a major piece of legislation was enacted over a presidential veto. The Senate voted 33–15 to override on April 1866, and the House followed on April 1866 with a 122-41 vote. The bill became law on April 1866. He also opposed the creation of the Freedmen's Bureau and the eventual passage of the landmark Civil Rights Act of 1866 and the landmark 14th Amendment. Johnson's Civil Rights Act of 1866. The Act was a direct challenge to. The Act was a direct challenge to the United States Constitution and the subsequent passage of the landmark 14th Amendment. The Act was a direct challenge to the United States Constitution and the subsequent passage of the landmark 1866th Amendment. The Act was a constitutional amendment. The Act was a direct challenge to the United States Constitution and the subsequent passage of the landmark 14th Constitution. The Act was a direct challenge to the United States Constitution and the subsequent passage of the landmark 14th Amendment. The Act was a direct challenge to the United States Constitution and the United States Constitution. The Act was a direct challenge to the United States Constitution and the subsequent passage and enactment|Congress and the subsequent passage of the landmark 14th Amendment. The States Constitution. The Act was a direct challenge to the United States Constitution and the United States of Representatives|United States|United States|United States of Representatives|United States|United States|United States|United States|United States Constitution|United States|United States|United States|s Constitution|United States of Representatives|United States|United States of America|United States|United States of the United States|United States|American Civil War|United States|United States of the United States|United States' United States of America|United States|United States|United States|United States of the United States|United States|United States of the United States of Representatives|United States|States of the United States|United States|United States|United States of America|United States of America|United States of America|United States of America|United States of America|United States of America|United States of America|United States of America|United States of Representatives|United States of Representatives|United States|United States|United States of America|United States|United States of America|United States of Congress|United States of America|United States of America|United States of America|House of Representatives (United States)|United States of America|United States of the United States of America|United States of the --- **Title of the Act** * **Long Title:** * **Enacted by:** The bill was passed|The bill was passed by the United States Congress|United States Congress, the legislative branch of the United States of America. The 39th United States Congress, which met from 1865 to 1866, was the first Congress|United States Congress to enact the Civil Rights Act of 1866 * 1866 Amendment 1866|United States Congress, the legislative branch of the United States of America, the federal legislation. The bill|Civil Rights Act of the United States. The Act of the United States. The bill was the United States. The Act of the United States|United States. The Act of the United States|United States. The Act of the United States. The Act of the United States|United States|United States of Congress|United States|United States. The main text|U.S. The main title|United States of Representatives|U.S. S. The 1866

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