the unlawfulness to deprive any person of citizenship rights "on the basis of race, color, or prior condition of slavery or involuntary servitude.
[4] Congressman James F. Wilson summarized what he considered to be the purpose of the act as follows, when he introduced the legislation in the House of Representatives:[5] It provides for the equality of citizens of the United States in the enjoyment of "civil rights and immunities."
No; for suffrage is a political right which has been left under the control of the several States, subject to the action of Congress only when it becomes necessary to enforce the guarantee of a republican form of government.
John Bingham was an influential supporter of this deletion, on the ground that courts might construe the term "civil rights" more broadly than people like Wilson intended.
[8] With an incipit of "An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their vindication", the act declared that all people born in the United States who are not subject to any foreign power are entitled to be citizens, without regard to race, color, or previous condition of slavery or involuntary servitude.
[2] A similar provision (called the Citizenship Clause) was written a few months later into the proposed Fourteenth Amendment to the United States Constitution.
Additionally, the act guaranteed to all citizens the "full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens, and ... like punishment, pains, and penalties..." Persons who denied these rights on account of race or previous enslavement were guilty of a misdemeanor and upon conviction faced a fine not exceeding $1,000, or imprisonment not exceeding one year, or both.
In particular, the act discussed the need to provide "reasonable protection to all persons in their constitutional rights of equality before the law, without distinction of race or color, or previous condition of slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.
For example, Representative William Lawrence argued that Congress had power to enact the statute because of the Privileges and Immunities Clause in Article IV of the original unamended Constitution, even though courts had suggested otherwise.
[16] In any event, there is currently no consensus that the language of the Civil Rights Act of 1866 actually purports to confer any legal benefits upon white citizens.
[26][27] The experience encouraged both radical and moderate Republicans to seek Constitutional guarantees for black rights, rather than relying on temporary political majorities.
[28] The activities of groups such as the Ku Klux Klan (KKK) undermined the act, meaning that it failed to immediately secure the civil rights of African Americans.
[30] There have been an increasing number of remedies provided under this act since the second half of the 20th century, including the landmark Jones v. Mayer and Sullivan v. Little Hunting Park, Inc. decisions in 1968.