Taking Back Our Stolen History
14th Amendment to the Constitution is Adopted
14th Amendment to the Constitution is Adopted

14th Amendment to the Constitution is Adopted

  1. Other requirements

Other restrictions used by Democrats to keep blacks from voting included property ownership requirements. For example, in Alabama in 1901, a voter was required to own land or property worth at least $300 before he could vote [102] (today that would equate to more than $6,500. [103]) Some States would withhold voting rights for the “commission” of a crime-” not for a serious crime or a felony but rather for violating any of a long list of petty offenses (unemployed blacks or those looking for work were often charged with vagrancy, resulting in a loss of their voting rights). [104]

An Historical Sidenote

Current writers and texts addressing the post-Civil War period often present an incomplete portrayal of that era. For example, africana.com notes: “Southerners established whites-only voting in party primaries . . . or gerrymandered electoral districts, thus diluting the strength of black voters.” [105] Although it is true that both whites and southerners were the overwhelming source of difficulties for African-Americans, it was just one type of southern whites that caused the problems: southern racist whites. There was another type of southern whites: the non-racist whites, many of whom suffered great persecutions and even loss of life for supporting blacks. These whites are often unrecognized or unacknowledged in black history and are wrongly grouped with racist whites through the use of the overly broad terms such as “southerners” or “whites.” To make an accurate portrayal of black history, a distinction must be made between types of whites.

For example, the Rev. Richard Allen (1760-1831), a founder of the AME church in America, suffered many injuries at the hands of “whites”: he was a slave, his mother and brothers were sold separately and his family was split by his master, Allen was opposed by prominent Gospel ministers, etc. Yet Allen understood that only some whites were hostile. In fact, in his own memoirs, Allen openly acknowledges whites who helped him. For example, Allen writes to other blacks: “I hope the name of Dr. Benjamin Rush [a white signer of the Declaration] and Robert Ralston [a white wealthy merchant] will never be forgotten among us. They were the first two gentlemen who espoused the cause of the oppressed and aided us in building the house of the Lord for the poor Africans to worship in.” [106] Allen also notes that in 1784 when he started his first church in Philadelphia, “there were but few colored people in the neighborhood-” the most of my congregation was white.” [107] Such positive portrayals of black/white relations are too often missing from black history pieces today; instead, “whites” are described as oppressors. Some were; some were not.

Another illustration is provided by the passage of the 13th and 14th Amendments. Constitutional amendments must be passed by a margin of two-thirds in Congress and ratified by three-fourths of the States. Those Amendments abolishing slavery and providing civil rights and voting rights for African-Americans were passed by two-thirds of the white men in Congress and by white men in the legislature of three-fourths of the States-” an overwhelming majority of these white men were Republicans and were not racists. (Among the literally hundreds of whites voting for these amendments were two African-American Republicans elected in Massachusetts in 1866. [108])

Therefore, the africana.com quote would be much more historically correct-” although more politically incorrect-” were it to read: “Democratic legislatures in the South [instead of just “southerners”] established whites-only voting in party primaries . . . ” This weakness of distinction is typical of far too many black history writings addressing the post-Reconstruction era.

An Obvious Purpose

It is clear that many southern Democrats despised blacks and Republicans and used every possible means to keep them from power. This hostility was evident in the numerous devices they used-” including violence. In fact, after examining the abundant evidence, Republican US Sen. Roscoe Conkling (nominated as a US Supreme Court Justice in 1882) concluded that the Democratic Party was determined to exterminate blacks in those States where Democratic supremacy was threatened. [109]

The Democrats’ hostility was evident not only in their actions but also in the words they used to describe blacks and Republicans. Democrats applied epithets that were at that time considered base, vulgar, and derogatory-” terms such as “scalawags” (those in the South who had opposed succession) [110] or “radicals” (early Republicans were considered radical because their party was bi-racial and because they allowed blacks to vote and participate in the political process). [111]

Clearly, because Republicans embraced and welcomed blacks as equals, Democrats abhorred and bitterly opposed them. As black US Rep. Richard H. Cain (Republican from SC) explained in 1875: “The bad blood of the South comes because the Negroes are Republicans. If they would only cease to be Republicans and vote the straight-out Democratic ticket there would be no trouble. Then the bad blood would sink entirely out of sight.” [112] Many Democrats today-” including many black Democrats-” have picked up the Democrats’ long-standing hatred for Republicans without understanding its origins. They often blame that generations-long contempt on issues other than the anti-black, anti-Republican sentiments that shaped their Party, but history is clear.

Fighting the Constitution

Decades after the passage of the 14th and 15th Amendments, many Democrats still steadfastly opposed those protections. In 1900, Democrat US Sen. Ben Tillman (SC) declared: “We made up our minds that the 14th and 15th Amendments to the Constitution were themselves null and void; that the [civil rights] acts of Congress . . . were null and void; that oaths required by such laws were null and void.” [113] Democrats such as Rep. W. Bourke Cockran (NY), Sen. John Tyler Morgan (AL), Sen. Samuel McEnery (LA), and others agreed with this position and were among the Democrats seeking a repeal of the 15th Amendment (voting rights for African-Americans). [114] In fact, Sen. McEnery even declared: “I believe . . . that not a single southern Senator would object to such a move” [115] (of the 22 southern Senators, 20 were Democrats [116]).

Effect on Black Voting

Unrelenting efforts by Democrats to suppress black voting were successful. Eventually, in Selma, Alabama, the voting rolls were 99 percent white and 1 percent black even though there were more black residents than whites in that city; [117] and in Birmingham-” a city with 18,000 blacks-” only 30 of them were eligible to vote. [118] Black voters in Alabama and Florida were reduced by nearly 90 percent, [119] and in Texas from 100,000 to only 5,000. [120] By the 1940s, only 5 percent of blacks in the south were registered to vote. [121]

More Recent Civil Rights Efforts

In the 1940s, 1950s, and 1960s, a few Democratic leaders began to oppose their own party’s policies against blacks. Democratic President Harry S. Truman from Missouri was perhaps the first and most vocal national Democratic leader to advocate strong civil rights protections, [122] yet his party rejected his efforts. [123] Reformers such as Truman learned that it was a difficult task for rank-and-file Democrats to reshape their long-held views on race.

In fact, in 1924 when Texas Democratic candidate for Governor, Ma Ferguson, ran against the Democratic Ku Klux Klan candidate in the primary, it cost her the widespread support of the Texas Democratic Party. [124] Democrat Franklin Roosevelt understood his Party, however, and in his 1932 race he made subtle overtures to blacks but avoided making any overt civil rights promises. FDR was so unsuccessful in this approach that his Republican opponent, Herbert Hoover, received over 75 percent of the black vote in that election. [125]

Unlike FDR, Harry Truman worked boldly and openly to change his party. In 1946, he became the first modern President to institute a comprehensive review of race relations and, not surprisingly, faced strenuous opposition from within his own party. In fact, Democratic Sen. Theodore Bilbo (MS) admonished every “red blooded Anglo Saxon man in Mississippi to resort to any means” to keep blacks from voting. [126] Nonetheless, Truman pushed forward and introduced an aggressive civil rights legislative package that included an anti-lynching law, an anti-poll tax law, desegregation of the military, etc., but his own party killed all of his proposals. [127]

Southern Democratic Governors, denouncing Truman’s proposals, met in Florida and proposed what they called a “southern conference of true Democrats” to plan their strategy. [128] That summer at the Democratic National Convention when Truman placed strong civil rights language in the national Democratic platform, a walkout of southern delegates resulted. Southern Democrats then formed the Dixiecrat Party and ran South Carolina Gov. Strom Thurmond as their candidate for President. [129] (It was concerning this 1948 presidential bid by Thurmond that Republican Sen. Trent Lott (MS) uttered his disgraceful comments [130] that made national news.) Thurmond’s bid was unsuccessful; he later had a change of heart on civil rights and in 1964 left the Democratic Party. In 1971, as a Republican US Senator, Thurmond became the first southern Senator to hire a black in his senatorial office. [131]

In 1954, additional civil rights progress was made when the US Supreme Court rendered its Brown v. Board of Education decision, [132] integrating public schools and ending segregation. (Significantly, the Court was only reversing its own position taken nearly sixty years earlier in the Plessy v. Ferguson decision that upheld segregation laws enacted by Democratic State legislatures.)

In 1957, and then again in 1960, Republican President Dwight D. Eisenhower made bold civil rights proposals to increase black voting rights and protections. [133] Since Congress was solidly in the hands of the Democrats, they cut the heart out of his bills before passing weak, watered-down versions of his proposals. [134] Nevertheless, to focus national attention upon the plight of blacks, Eisenhower started a civil rights commission and was the first President to appoint a black to an executive position in the White House. [135]

In 1963, following the Birmingham riots, Democratic President John F. Kennedy proposed a strong civil rights bill. Its language was taken from the wording of Eisenhower’s original civil rights bill (before it was gutted by Democrats) and from proposals made by Eisenhower’s civil rights commission. [136] Kennedy’s tragic assassination halted his bill.

In 1964, the 24th Amendment was added to the Constitution, abolishing the poll tax. Significantly, on five previous occasions the House passed a ban on the poll tax but Senate Democrats had killed the bills each time. [137] As early as 1949 (as part of Truman’s proposed civil rights package), Democratic Sen. Spessard Holland (FL) introduced a constitutional amendment to end poll taxes, but it was 1962 before it was approved by the Senate. [138] Significantly, 91 percent of the Republicans in Congress voted to end the poll tax but only 71 percent of the Democrats did so; and in the Senate, of the 16 Senators who opposed the 24th Amendment, 15 were Democrats. [139] (The 24th Amendment banned poll taxes only for federal elections; in 1966, the US Supreme Court struck down poll taxes for all elections, including local and State. [140])

In 1964, Democratic President Lyndon B. Johnson picked up the civil rights bill introduced by President Kennedy. However, even though Democrats held almost two-thirds of the seats in Congress at that time, Johnson could not garner sufficient votes from within his own party to pass the bill. (Johnson needed 269 votes from his Party to achieve passage but could garner the support of only 198 of the 315 Democrats in Congress. [141]) Johnson therefore worked with Republicans to achieve the passage of the 1964 Civil Rights Bill, followed by the 1965 Voting Rights Act. (The 1965 Voting Rights Act by Johnson was a resurrection of Eisenhower’s original language before it had been killed by Democrats. When it was finally approved under Johnson, of the 18 Senators who opposed the Voting Rights Act, 17 were Democrats. In fact, 97 percent of Republican Senators voted for the Act. [142])

The 1965 Voting Rights Act banned literacy tests and authorized the federal government to oversee voter registration and elections in counties that had used voter eligibility tests. Within a year, 450,000 new southern blacks successfully registered to vote; [143] and voter registration of African-Americans in Mississippi rose from only 5 percent in 1960 to 60 percent by 1968. [144]

The 1965 Voting Rights Act opened opportunities for African-Americans that they had not enjoyed since Republicans had been in power a century before; the laws and policies long enforced by southern Democratic legislatures had finally come to an end. As a result, the number of blacks serving in federal and State legislatures rose from 2 in 1965 to 160 in 1990. [145]

Current Controversies-” and Successes

In recent years, much national media coverage has focused on allegations of election fraud in Dade County and West Palm Beach, Florida; St. Louis, Missouri; Michigan (the buying of votes); New Mexico (the destruction of thousands of uncounted ballots); etc. Significantly, each one of these incidents occurred in an area that was overwhelmingly Democratic and where the elections had been administered by Democratic election officials. The fact that such problems occur in areas under Democratic rather than Republican control might surprise many today, but it would not have surprised African-Americans a century ago.

In 1875, African-American US Rep. Joseph H. Rainey (Republican from SC) declared: “We intend to continue to vote so long as the government gives us the right and necessary protection; and I know that right accorded to us now will never be withheld in the future if left to the Republican Party.” [146] In fact, on the floor of Congress, Rainey told Democrats: “Your votes, your actions, and the constant cultivation of your cherished prejudices prove to the Negroes of the entire country that the Democrats are in opposition to them, and if they (the Democrats) could have [their way], our race would have no foothold here. . . . The Democratic Party may woo us, they may court us and try to get us to worship at their shrine, but I will tell the gentleman that we are Republicans by instinct, and we will be Republicans so long as God will allow our proper senses to hold sway over us.” [147]

The original philosophies and actions of both major parties are vividly documented in history but are largely unreported today. And while there has been good and bad on both sides, a general pattern is clearly established: African-Americans made their most significant gains as Republicans. Even today many of those patterns still remain. It is significant that black Republican US Rep. JC Watts (OK) chaired the Republican National Convention in Philadelphia in 2000. Watts was the third African-American to chair a National Republican Convention (the first was US Rep. John Roy Lynch (MS) in 1884 and then US Sen. Edward Brooke (MA) in 1968); [148] however, no African-American has ever chaired, or even co-chaired, a Democratic National Convention. Similarly, in the 130 years that Democrats controlled Texas, only 4 minority individuals served Statewide; in the 8 years that Republicans have controlled the State, 6 minority individuals already have served Statewide. In fact, Texas just elected three African-Americans to statewide office-” all as Republicans, apparently becoming the first State in America’s history to achieve this distinction. Furthermore, Maryland and Ohio each just elected black Lt. Governors-” both as Republicans.

An important point is illustrated by these recent elections (and by scores before them): in Democratic-controlled States, rarely are African-Americans elected statewide (with the exception of US Sen. Carol Moseley-Braun (IL, 1992-1998)); and African-American Democratic Representatives to Congress usually are elected only from minority districts (districts with a majority of minority voters). Minority Republicans, on the other hand, are elected statewide in Republican States, or in congressional districts with large white majorities. [149]

Perhaps this explains why African-American abolitionist Frederick Douglass a century ago reminded blacks: “The Republican Party is the ship, all else is the sea.” [150] The history of African-American voting rights in America proves Douglass was right.

[For more information on the struggle for African American Civil Rights see our Setting the Record Straight resource (in DVD, VHS, and Book format); we have also cataloged our Black History resources here]

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If the Fourteenth Amendment was in fact intended to bind the states to the Bill of Rights that the federal government could enforce, then it dramatically increases the police power of the federal government.

Thomas Wood of The Mises Institute believes that Berger, not Curtis, is right. Perhaps the 14th Amendment is merely codifying the Civil Rights Act of 1866, e.g. about contracts, travel, property, etc. This would have protected the Amendment from legal challenge. It was interpreted relatively conservatively until the Incorporation Doctrine in 1925. But, the Supreme Court does not have angels on it.

Was the Fourteenth Amendment really ratified? Its passage was blemished. Forrest McDonald has concluded that the Fourteenth Amendment was not constitutionally ratified. Woods agrees. The amendment has actually been used for a federal judge to order an increase in property taxes twice. Free services were extended to illegals in California. A racial quota system was called for in universities. In the name of protecting rights, enormous discretionary power has been given to the federal government.

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