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iven the expansive definitions of federal power they had formulated, the federal courts were relatively inactive in enforcing the Civil Rights Act of 1866 during the last years of the 1860s. Since the conditions for which the Civil Rights Act was enacted existed in many parts of the former Confederacy, opportunities abounded in the South for the federal courts to enforce civil rights. In some places, statutes that discriminated against blacks were enforced by local judges in defiance of the Civil Rights Act. In other areas, statutes were impartial on their face, but local judges and juries acted in such a prejudicial manner that blacks and unpopular whites could not receive justice. Although the freedmen and white Unionists could not expect to receive justice or judicial enforcement of their civil rights in state courts, relatively little was done to bring their cases into the federal courts 1Several reasons explain the relative inactivity of the federal judiciary in protecting civil rights in the years immediately following the Civil War. Perhaps the most important reason was the Johnson administration's opposition to federal enforcement of civil rights. Racism, although important

Publisher

Fordham University Press

Published

2022

Language

EN