When was the Civil Rights Act of 1866 passed by Congress?
The Senate voted to override President Andrew Johnson's veto on the 5th of April 1866. The House followed suit on the 9th of April 1866.
The Senate voted to override President Andrew Johnson's veto on the 5th of April 1866. The House followed suit on the 9th of April 1866.
Senator Lyman Trumbull introduced the bill as S. 61 to protect all persons in their civil rights within the United States. Representative James F. Wilson summarized the purpose when introducing the legislation in March 1866.
John Bingham argued before passage that Congress lacked sufficient constitutional authority to enact this law because he believed the Thirteenth Amendment prohibited only slavery but did not grant broad legislative powers over state actions. Other Republicans shared his concern about overstepping federal boundaries.
Sections 1977 and 1978 of the Revised Statutes of 1874 codified these provisions which now appear as 42 U.S.C. §§ 1981, 82 within the United States Code. Section two of the original act now exists at 18 U.S.C. §242.
The U.S. Supreme Court ultimately adopted Trumbull's Thirteenth Amendment rationale for banning racial discrimination by states and private parties in the case Jones v. Alfred H. Mayer Co. decided in 1968. Justice Harlan discussed Senator Trumbull's statement regarding intended scope in that decision.