III 

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; 


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•SRES 429 IS 

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 


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•SRES 429 IS 

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 


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•SRES 429 IS 

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; 


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•SRES 429 IS 

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 

1 Resolved, That the Senate— 

2 (1) recognizes and honors the historical signifi3 cance of section 1977 of the Revised Statutes (42 

4 U.S.C. 1981) and the instrumental contributions of 


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•SRES 429 IS 

1 that law to the pursuit of equal protection for all 

2 citizens of the United States; 

3 (2) reaffirms its commitment to the 13th, 14th, 

4 and 15th Amendments to the Constitution of the 

5 United States, to the Act of April 9, 1866 (com6 monly known as and referred to in this resolving 

7 clause as the ‘‘Civil Rights Act of 1866’’) (14 Stat. 

8 27, chapter 31) (and the laws derived from that 

9 Act), and to the civil rights and liberties of all racial 

10 minorities across the United States; and 

11 (3) reaffirms the congressional intent behind 

12 the first section of the Civil Rights Act of 1866 (and 

13 the laws derived from that Act), which was, and re14 mains, the protection of the rights of minorities 

15 seeking refuge from racial discrimination in busi16 ness. 

Æ 


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