Civil Rights Act of 1960

Toward the end of his presidency, President Eisenhower supported civil rights legislation. In his message to Congress, he proposed seven recommendations for the protection of civil rights:

• Strengthen the laws that would root out threats to obstruct court orders in school desegregation cases
• Provide more investigative authority to the Federal Bureau of Investigation in crimes involving the destruction of schools/churches
• Grant Attorney General power to investigate Federal election records
• Provide temporary program for aid to agencies to assist changes necessary for school desegregation decisions
• Authorize provision of education for children of the armed forces
• Consider establishing a statutory Commission on Equal Job Opportunity Under Government Contracts (later mandated in the Civil Rights Act of 1964 to create the Equal Employment Opportunity Commission)
• Extend the Civil Rights Commission an additional two years[2]

The bill, H.R. 8601, began in the House of Representatives under jurisdiction of the House Judiciary Committee. The chairman of the committee, Congressman Emanuel Celler of New York, was known to be a firm supporter of the civil rights movement. The bill was easily approved by the Judiciary Committee, but the Rules Committee attacked the Judiciary Committee to prevent the bill coming to the floor of the House of Representatives.[3] The bill was introduced to the House on March 10, 1960.

The "voter referees" plan was part of a House amendment to the original bill to substitute Representative Robert Kastenmeier's "enrollment officers" plan. After several amendments, the House of Representatives approved the bill on March 24, 1960 by a vote of 311–109.[2][4] 179 Democrats and 132 Republicans voted Aye. 93 Democrats, 15 Republicans, and 1 Independent Democrat voted Nay. 2 Democrats and 1 Republican voted present.[5]

The Senate's Judiciary Committee also faced attempts to dislodge the bill. Southern Democrats had long acted as a voting bloc to resist or reject legislation to enforce constitutional rights in the South and made it difficult for proponents of civil rights to add strengthening amendments.[3] After amendments in the Senate, H.R. 8601 was approved by the Senate on April 8, 1960 by a vote of 71–18.

The House of Representatives approved the Senate amendments on April 21, 1960 by a vote of 288-95 and the bill was signed into law by President Eisenhower on May 6, 1960.[2] No Republican Senators voted against the Bill.

Title I which amended Chapter 17 of title 18 of the United States Code, 18 U.S.C. § 1509, outlawed obstruction of court orders. If convicted, one could be fined no more than $1,000 and/or imprisoned for no more than one year.[6]

Title II outlawed fleeing a state for damaging or destroying a building or property, illegal possession or use of explosives, and threats or false threats to damage property using fire or explosives.

Section 201 amended Chapter 49 of title 18 (18 U.S.C. § 1074). The amendment outlaws interstate or international movement to avoid prosecution for damaging or destroying any building or structure. The section also outlaws flight to avoid testimony in a case relating to such an offense. If convicted, one could be fined no more than $5,000 and/or imprisoned for no more than five years.

Section 203 amended Chapter 39 of title 18 (18 U.S.C. § 837). The amendment dealt with the illegal use or possession of explosives. The section outlaws transportation or possession of any explosive with intent to damage a building or property. The section also makes the conveying of false information or threats to damage or destroy any building or property illegal.[6]

Section 301 calls for the preservation of all election records and papers which come into an officer or custodian's possession relating to poll tax or other act regarding voting in an election (except Puerto Rico). If an officer fails to comply, he/she could be fined no more than $1,000 and/or imprisoned for no more than one year. Section 302 declares that any person that intentionally alters, damages, or destroys a record shall be fined no more than $1,000 and/or imprisoned for no more than one year. Section 304 establishes that no person shall disclose any election record. Section 306 defines the term "officer of election".[6]

Section 401 of Title IV amended Section 105 of the Civil Rights Act of 1957 (71 Stat. 635) declaring that "each member of the Commission shall have the power and authority to administer oaths or take statements of witnesses under affirmation."[6]

Title V arranged for the provision of free education for children of members of the armed forces.[6]

Title VI amended section 131 of the Civil Rights Act of 1957 (71 Stat. 637) to address the issue of depriving African-Americans the right to vote.

Section 601 declares that those given the legal right to vote shall not be deprived of that right on account of race or color. Any person denying that right shall "constitute contempt of court."[6] The section also states that the courts can appoint "voting referees" to report to the court their findings of voting infringement. The section also defines the word "vote" as the entire process of making a vote effective--registration, casting a ballot, and having that ballot counted.[7]

Title VII established the separability of the act, affirming that the rest of the act shall go unaffected if one provision is found invalid.[6]