- For this assignment, create a deliverable of your choice (written document, infographic, PowerPoint, video, etc.) that communicates the information below.
- Describe the provisions in the U.S. Constitution that give Congress the power to enact civil rights legislation.
- As part of your deliverable, be sure to include information on the amendments and related civil rights we studied this week.
The U.S. Constitution provides several provisions that empower Congress to enact civil rights legislation, particularly through its enumerated powers and various amendments that safeguard individual rights. These provisions reflect Congress’s role in addressing inequalities and protecting civil liberties. Key constitutional provisions include:
1. The Commerce Clause (Article I, Section 8)
- Description: The Commerce Clause grants Congress the power to regulate commerce with foreign nations, among the several states, and with Native American tribes.
- Civil Rights Impact: The Commerce Clause has been crucial for civil rights legislation, particularly the Civil Rights Act of 1964, which prohibited discrimination in public accommodations, employment, and other areas. The Supreme Court upheld the Act by reasoning that racial discrimination in businesses affects interstate commerce, thus falling within Congress’s regulatory power.
2. The Equal Protection Clause (14th Amendment)
- Description: The 14th Amendment, ratified in 1868, ensures that no state shall “deny to any person within its jurisdiction the equal protection of the laws.”
- Civil Rights Impact: This clause forms the constitutional basis for much of the modern civil rights legislation, including laws aimed at preventing racial, gender, and other forms of discrimination. The Equal Protection Clause was fundamental in Supreme Court cases such as Brown v. Board of Education (1954), which declared racial segregation in public schools unconstitutional, and supports the legality of civil rights laws passed by Congress.
3. The Enforcement Clauses (13th, 14th, and 15th Amendments)
- 13th Amendment: Abolishes slavery and involuntary servitude, except as punishment for a crime.
- Enforcement Power: Section 2 grants Congress the power to enforce the abolition of slavery through appropriate legislation, allowing Congress to enact laws such as the Civil Rights Act of 1866 and other legislation aimed at eradicating racial discrimination and the remnants of slavery.
- 14th Amendment: Beyond the Equal Protection Clause, the 14th Amendment also includes a Section 5, which grants Congress the power to enforce its provisions through appropriate legislation.
- Civil Rights Impact: Congress has used this power to pass laws aimed at protecting civil rights, such as the Voting Rights Act of 1965, which aimed to eliminate racial discrimination in voting, particularly in Southern states.
- 15th Amendment: Prohibits the denial of the right to vote based on race, color, or previous condition of servitude.
- Enforcement Power: Section 2 grants Congress the authority to enforce this amendment, leading to legislation such as the Voting Rights Act that sought to prevent racial disenfranchisement.
4. The Necessary and Proper Clause (Article I, Section 8)
- Description: The Necessary and Proper Clause empowers Congress to make all laws which shall be “necessary and proper” for carrying out its enumerated powers.
- Civil Rights Impact: This clause provides a flexible means for Congress to enact civil rights laws that may not fall strictly within other enumerated powers but are necessary to protect rights or regulate areas like interstate commerce that are affected by discrimination.
Related Civil Rights Amendments:
- 19th Amendment (1920): Grants women the right to vote, expanding civil rights by prohibiting gender-based voting discrimination.
- 24th Amendment (1964): Abolishes poll taxes, which were often used to disenfranchise African American voters, further securing voting rights.
- 26th Amendment (1971): Lowers the voting age to 18, expanding civil rights to younger citizens.
These provisions and amendments serve as the constitutional foundation for much of Congress’s civil rights legislation, empowering the federal government to protect citizens’ civil liberties and combat discrimination across various sectors.