Civil Rights Act of 1875 in the context of "43rd United States Congress"

Facilities and services such as housing, healthcare, education, employment, and transportation have been systematically separated in the United States based on racial categorizations. Notably, racial segregation in the United States was the legally and/or socially enforced separation of African Americans from whites, as well as the separation of other ethnic minorities from majority communities. While mainly referring to the physical separation and provision of separate facilities, it can also refer to other manifestations such as prohibitions against interracial marriage (enforced with anti-miscegenation laws), and the separation of roles within an institution. The U.S. Armed Forces were formally segregated until 1948, as black units were separated from white units but were still typically led by white officers.

In the 1857 Dred Scott case (Dred Scott v. Sandford), the U.S. Supreme Court found that Black people were not and could never be U.S. citizens and that the U.S. Constitution and civil rights did not apply to them. Congress passed the Civil Rights Act of 1875, but it was overturned by the U.S. Supreme Court in 1883 in the Civil Rights Cases. The U.S. Supreme Court upheld the constitutionality of segregation in Plessy v. Ferguson (1896), so long as "separate but equal" facilities were provided, a requirement that was rarely met. The doctrine's applicability to public schools was unanimously overturned in Brown v. Board of Education (1954). In the following years, the court further ruled against racial segregation in several landmark cases including Heart of Atlanta Motel, Inc. v. United States (1964), which helped bring an end to the Jim Crow laws.

The Civil Rights Cases, 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by private individuals. The holding that the Thirteenth Amendment did not empower the federal government to punish racist acts done by private citizens would be overturned by the Supreme Court in the 1968 case Jones v. Alfred H. Mayer Co. The Fourteenth Amendment not applying to private entities, however, is still valid precedent to this day. Although the Fourteenth Amendment-related decision has never been overturned, in the 1964 case of Heart of Atlanta Motel, Inc. v. United States, the Supreme Court held that Congress could prohibit racial discrimination by private actors under the Commerce Clause.

During Reconstruction, Congress had passed the Civil Rights Act of 1875, which entitled everyone to access accommodation, public transport, and theaters regardless of race or color. In his majority opinion in the Civil Rights Cases, Associate Justice Joseph P. Bradley struck down the Civil Rights Act of 1875, holding that the Thirteenth Amendment "merely abolishes slavery" and that the Fourteenth Amendment did not give Congress the power to outlaw private acts of racial discrimination. Associate Justice John Marshall Harlan was the lone dissenter in the case, writing that the "substance and spirit of the recent amendments of the constitution have been sacrificed by a subtle and ingenious verbal criticism." The decision ushered in the widespread segregation of blacks in housing, employment, and public life that confined them to second-class citizenship throughout much of the United States until the passage of civil rights legislation in the 1960s.

George Sewall Boutwell (January 28, 1818 – February 27, 1905) was an American politician, lawyer, and statesman from Massachusetts. He served as Secretary of the Treasury under President Ulysses S. Grant, the 20th governor of Massachusetts, a U.S. senator and representative from Massachusetts, and the first Commissioner of Internal Revenue under President Abraham Lincoln. He was a leader in the impeachment of President Andrew Johnson and served as a House manager (prosecutor) in the impeachment trial.

Boutwell, an abolitionist, is known primarily for his leadership in the formation of the Republican Party, and his championship of African American citizenship and suffrage rights during Reconstruction. As a congressman, he was instrumental in the drafting and passage of the Fourteenth and Fifteenth Amendments to the United States Constitution. As Secretary of the Treasury, he made needed reforms in the Treasury Department after the chaos of the American Civil War and the impeachment trial of President Andrew Johnson. He controversially reduced the national debt by selling Treasury gold and using greenbacks to buy up Treasury bonds, a process that created a cash shortage. Boutwell and President Grant thwarted an attempt to corner the gold market in September 1869 by releasing $4,000,000 (~$83.5 million in 2024) of gold into the economy. As a U.S. senator, Boutwell sponsored the Civil Rights Act of 1875 and was chair of a Senate select committee investigating white supremacist violence against Black citizens and their white Republican Party supporters during the 1875 Mississippi state election campaign.