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Civil Rights Act of 1866 : ウィキペディア英語版
Civil Rights Act of 1866

The Civil Rights Act of 1866, , enacted April 9, 1866, was the first United States federal law to define US citizenship and affirm that all citizens are equally protected by the law. It was mainly intended to protect the civil rights of Africans born in or brought to America, in the wake of the American Civil War. This legislation was enacted by Congress in 1865 but vetoed by President Andrew Johnson. In April 1866 Congress again passed the bill. Although Johnson again vetoed it, a two-thirds majority in each house overcame the veto and the bill therefore became law.
John Bingham and some other congressmen argued that Congress did not yet have sufficient constitutional power to enact this law. Following passage of the Fourteenth Amendment in 1868, Congress reenacted the 1866 Act in 1870.
==Introduction and amendment==
The author of the Civil Rights Act of 1866 was Senator Lyman Trumbull, who introduced the bill in the Senate.〔Lash, Kurt. "(The Origins of the Privileges or Immunities Clause, Part II: John Bingham and the Second Draft of the Fourteenth Amendment )", ''Georgetown Law Journal'', Volume 99, p. 361 (2011).〕 Congressman James F. Wilson summarized what he considered to be the purpose of the act as follows, when he introduced the bill in the House of Representatives:〔(Congressional Globe, House of Representatives, 39th Congress, 1st Session ), p. 1117 (March 1, 1866).〕
During the subsequent legislative process, the following key provision was deleted: "there shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory of the United States on account of race, color, or previous condition of servitude." John Bingham was an influential supporter of this deletion, on the ground that courts might construe the term "civil rights" more broadly than people like Wilson intended.〔Kull, Andrew. ''(The Color-Blind Constitution )'', pp. 75-78 (Harvard University Press, 1994).〕 Weeks later, Senator Trumbull described the bill's intended scope:〔Lash, Kurt. "(The Origins of the Privileges or Immunities Clause, Part II: John Bingham and the Second Draft of the Fourteenth Amendment )", ''Georgetown Law Journal'', Volume 99, p. 394 (2011). This statement by Senator Trumbull was discussed by both the majority as well as by dissenting Justice Harlan in the Supreme Court case of ''Jones v. Alfred H. Mayer Co.'', (392 U.S. 409 ) (1968). ''See'' the (transcript from April 4, 1866 ).〕
This bill in no manner interferes with the municipal regulations of any State which protects all alike in their rights of person and property. It could have no operation in Massachusetts, New York, Illinois, or most of the States of the Union.

The next day, on April 5, 1866, the Senate overrode President Johnson's veto.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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