This resolution recognizes and honors the importance of statutes giving all persons within the jurisdiction of the United States the full and equal benefit of all laws and proceedings for the security of persons and property as well as the right to enforce contracts, sue and be sued, and give evidence in court. The resolution also reaffirms commitment to the Thirteenth Amendment, Fourteenth Amendment, and Fifteenth Amendment and the laws declaring that all persons born in the United States are citizens and are equally protected by the law.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 429 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. RES. 429
Recognizing the importance of the Civil Rights Act of 1866 and the laws
derived from the Civil Rights Act of 1866.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2019
Mr. Schumer (for Ms. Harris (for herself, Mr. Blumenthal, Mr. Booker,
Mrs. Feinstein, Ms. Hirono, Mr. Wyden, and Ms. Warren)) submitted the
following resolution; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
RESOLUTION
Recognizing the importance of the Civil Rights Act of 1866 and the laws
derived from the Civil Rights Act of 1866.
Whereas, in the aftermath of the Civil War, the reunified United States
struggled to reconstruct the war-torn States and establish laws granting
newly freed slaves the same rights afforded to White citizens;
Whereas the reconstruction of the United States following the conclusion of the
Civil War necessarily included the integration of newly emancipated
African Americans into broader society and, with that emancipation, the
receipt by those emancipated African Americans of civil and legal
protections;
Whereas, as a response to the uncertain and unequal status of newly freed
slaves, the 13th Amendment to the Constitution of the United States was
ratified by the States on December 6, 1865, formally abolishing slavery
``within the United States, or any place subject to their
jurisdiction'';
Whereas, on April 9, 1866, Congress overrode a Presidential veto to enact the
Act of April 9, 1866 (commonly known as and referred to in this preamble
as the ``Civil Rights Act of 1866'') (14 Stat. 27, chapter 31), a law
written to protect and clarify the newly bestowed rights of persons of
African descent;
Whereas the Civil Rights Act of 1866 declared that all persons born in the
United States are entitled to be citizens, without regard to race,
color, or previous condition of slavery or involuntary servitude;
Whereas the Civil Rights Act of 1866 was enacted--
(1) to establish that all persons born in the United States are to be
considered citizens;
(2) to clearly define the rights guaranteed by United States
citizenship; and
(3) to make it unlawful for any person to deprive another person of
those rights on the basis of race;
Whereas the Civil Rights Act of 1866 served the role of overriding ``Black
Codes'', laws enacted in southern States to restrict the freedom of
African Americans and keep formerly enslaved persons from thriving in
society;
Whereas the first section of the Civil Rights Act of 1866 created an avenue for
citizens who fell victim to intentional racial discrimination by
allowing a citizen to go before a Federal court and allege that the
citizen was discriminated against while engaging in lawful activity;
Whereas the first section of the Civil Rights Act of 1866 was used to challenge
the laws established by southern States to limit the rights and
opportunities of newly freed slaves;
Whereas, under section 1977 of the Revised Statutes (42 U.S.C. 1981), which is
derived from section 16 of the Act of May 31, 1870 (commonly known as
and referred to in this preamble as the ``Enforcement Act of 1870'') (16
Stat. 140, chapter 114) and the first section of the Civil Rights Act of
1866, African American citizens are given the right to enforce
contracts, give evidence in court, sue and be sued, and purchase, sell,
and convey real and personal property;
Whereas, in 1975, the Supreme Court recognized in Johnson v. Railway Express
Agency, Inc., 421 U.S. 454 (1975), that section 16 of the Enforcement
Act of 1870 allowed for private employers to be held accountable for
discrimination within their ranks;
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) applies to all
contracts, including those between employer and employee, and has become
a vital tool for employment discrimination claimants;
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) stands as one of
the only laws protecting against employers openly discriminating on the
basis of race when contracting with other parties;
Whereas it is well established that section 1977 of the Revised Statutes (42
U.S.C. 1981) has been invoked to challenge race discrimination in
employment matters and has held bad actors accountable for contract
discrimination;
Whereas, in 1989, in Patterson v. McLean Credit Union, 491 U.S. 164 (1989), the
Supreme Court narrowly interpreted section 1977 of the Revised Statutes
(42 U.S.C. 1981) to apply only to contract formation, finding that only
certain points in a contractual engagement could be subject to the
protections afforded in that section;
Whereas the ruling in Patterson v. McLean Credit Union, 491 U.S. 164 (1989),
functioned as a major setback to ensuring that all aspects of the
interaction between an employee or individual with a business would be
free of racial discrimination;
Whereas, in 1991, Congress, by statute, as part of the Civil Rights Act of 1991
(Public Law 102-166; 105 Stat. 1071), disagreed with a plethora of
Supreme Court decisions that undermined Federal antidiscrimination laws
and challenged the restrictive interpretation of section 1977 of the
Revised Statutes (42 U.S.C. 1981) expressed by the Supreme Court in
Patterson v. McLean Credit Union, 491 U.S. 164 (1989);
Whereas the 2008 decision in CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008),
further determined that section 1977 of the Revised Statutes (42 U.S.C.
1981) prohibits not only direct discrimination, but retaliation against
those alleging discrimination;
Whereas the intent of Congress is clear through the legislative history of
section 1977 of the Revised Statutes (42 U.S.C. 1981), which
definitively illustrates that the law was meant to provide and enforce
robust protection against race discrimination in contracting;
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981)--
(1) in subsection (a), provides that ``[a]ll persons within the
jurisdiction of the United States shall have the same right . . . to make
and enforce contracts . . . as is enjoyed by white citizens''; and
(2) in subsection (b), defines ``make and enforce contracts'' to
``include the making, performance, modification, and termination of
contracts, and the enjoyment of all benefits, privileges, terms, and
conditions of the contractual relationship'';
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) clearly enumerates
the protections afforded to minorities in the United States when
contracting with businesses and makes clear that all aspects of the
creation, modification, and termination of contracts are subject to the
scrutiny of that section;
Whereas the most direct interpretation of section 1977 of the Revised Statutes
(42 U.S.C. 1981) ensures that all racial minorities in the United States
be granted the opportunity to enter into contractual agreements free of
discrimination; and
Whereas section 1977 of the Revised Statutes (42 U.S.C. 1981) serves as a
critically important tool to ensure that no person is denied the ability
to contract with another on the basis of race: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes and honors the historical significance of
section 1977 of the Revised Statutes (42 U.S.C. 1981) and the
instrumental contributions of that law to the pursuit of equal
protection for all citizens of the United States;
(2) reaffirms its commitment to the 13th, 14th, and 15th
Amendments to the Constitution of the United States, to the Act
of April 9, 1866 (commonly known as and referred to in this
resolving clause as the ``Civil Rights Act of 1866'') (14 Stat.
27, chapter 31) (and the laws derived from that Act), and to
the civil rights and liberties of all racial minorities across
the United States; and
(3) reaffirms the congressional intent behind the first
section of the Civil Rights Act of 1866 (and the laws derived
from that Act), which was, and remains, the protection of the
rights of minorities seeking refuge from racial discrimination
in business.
<all>
Introduced in Senate
Referred to the Committee on the Judiciary. (text: CR S6628)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line