Who was excluded from the Civil Rights Act of 1866?

Asked by: Jenifer Fritsch Jr.  |  Last update: January 30, 2026
Score: 4.6/5 (13 votes)

The Civil Rights Act of 1866 primarily protected African Americans and declared all persons born in the U.S. citizens, but it notably excluded Native Americans (Indians not taxed) and did not grant political rights like voting or holding office, while also not fully addressing gender discrimination, leaving women, including Black women, outside its scope for political and some other protections.

Which group of people was left out of the Civil Rights Act of 1866?

First introduced by Senate Judiciary Chairman Lyman Trumbull of Illinois, the bill mandated that "all persons born in the United States," with the exception of American Indians, were "hereby declared to be citizens of the United States." The legislation granted all citizens the “full and equal benefit of all laws and ...

Does the Civil Rights Act of 1866 have any exceptions?

There are provisions in the Civil Rights Act of 1866 which prohibits “all racial discrimination, private as well as public, in the sale or rental of property.” Unlike the 1968 Civil Rights Act, the 1866 law contains no exceptions and no limit on damages a person can recover if their rights are violated.

Did the Civil Rights Act of 1866 exclude Native Americans?

Victories for civil rights and civil liberties during the Reconstruction Era, like the Civil Rights Act of 1866, specifically excluded Native Americans. The 14th Amendment also excluded Native Americans since they were not considered citizens at the time of its drafting.

Who opposed the Civil Rights Act of 1866?

An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their Vindication. The Act was passed by Congress in 1866 and vetoed by U.S. President Andrew Johnson.

The 1866 Law They Don’t Teach You About: America's First Civil Rights Act

37 related questions found

Who would be exempt under the Civil Rights Act of 1866?

And no one is exempt from the Civil Rights Act of 1866, which prohibits all racial discrimination in the sale or rental of property.

Who vetoed the Civil Rights Act of 1866?

During Reconstruction, Congress passed several statutes aimed at protecting the rights of the formerly enslaved, many of them over the veto of President Andrew Johnson.

What does 49 mean to Native Americans?

In Native American culture, "49" or "forty-nine" refers to a lively, informal social gathering, often an after-party for a powwow, where people sing, dance, and socialize with modern, sometimes humorous, love or "snagging" (flirting) songs, originating from Kiowa traditions and spreading across many tribes as a fun, contemporary event. It's distinct from formal powwow events and involves freestyle, often English-language songs about romance or life, distinct from traditional ceremonial songs.
 

Why did President Johnson veto the Civil Rights Act?

Why did President Andrew Johnson veto the Freedman's bureau bill and the civil rights act? President Johnson vetoed these bills arguing that the federal government was overstepping its proper authority.

How did Native Americans handle homosexuality?

Native American views on homosexuality varied by tribe, but many cultures recognized gender-variant individuals, known by terms like "Two-Spirit," who often held respected spiritual or social roles as healers, shamans, or keepers of tradition, embodying both masculine and feminine traits. These individuals frequently formed relationships with people of the same biological sex, sometimes forming stable unions. This traditional acceptance was disrupted by colonization, missionary work, and forced assimilation, leading to condemnation, suppression, and the loss of many of these traditions, though the Two-Spirit concept has seen a resurgence. 

What was the major failure of the Civil Rights Act of 1866?

- it didn't protect people's political rights like voting and holding public office or their social rights that would ensure equal access to public accommodations. In 1866, racist terrorist groups, , the Ku Klux Klan (KKK) were established and before long spread into pretty much every southern state.

What is not allowed under the Civil Rights Act?

The EEOC enforces laws that prohibit discrimination based on race, color, religion, sex, national origin, disability, or age in hiring, promoting, firing, setting wages, testing, training, apprenticeship, and all other terms and conditions of employment.

What is the difference between the Civil Rights Act of 1866 and 1964?

Importantly, the 1866 Act applies to both governments and private parties and there are no statutory exceptions. Title VI of the Civil Rights Act of 1964 prohibits discrimination in housing based upon race, color or national origin for any activity that receives federal financial assistance.

Which group opposed the Civil Rights Act?

Since southern Democrats opposed the legislation, votes from a substantial number of senators in the Republican minority would be needed to end the filibuster. Minnesota Senator Hubert Humphrey, the Democratic whip who managed the bill on the Senate floor, enlisted the aid of Republican Minority Leader Everett M.

Did the Civil Rights Act of 1866 abolish slavery?

Description. The Civil Rights Act of 1866 (also known as “An Act which protected all persons in the United States in their civil rights and furnished the means of their vindication”) was the first attempt at civil rights legislation after the 13th Amendment abolished slavery.

Who did the Civil Rights Act of 1866 say is considered a US citizen?

2560, 2768–69, 2869 (1866). The sponsor of the language said: This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is . . . a citizen of the United States.

Did Congress override Johnson's veto?

With two-thirds majorities in both chambers, Congress quickly overrode Johnson's veto.

Why did Reagan veto the civil rights bill?

On March 16, 1988, President Ronald Reagan vetoed the bill by arguing that the Act represented an overexpansion of governmental power over private organizational decision-making and "would diminish substantially the freedom and independence of religious institutions in our society." On March 22, 1988, the Senate ...

Why was the Civil Rights Act declared unconstitutional?

The majority opinion held that the amendment could only be used against “state actions,” so the Civil Rights Act's sweeping declaration that all persons regardless of race were “entitled to the full and equal enjoyment of the accommodations…and places of public amusement” overstepped Congressional authority.

Am I allowed to say pow wow?

You can say "powwow," but be mindful of context, as many Native Americans find its use for general meetings offensive cultural appropriation, viewing it as trivializing sacred gatherings for dances, songs, and cultural sharing, with respectful alternatives like "meeting" or "gathering" preferred for non-Indigenous events. "Powwow" comes from Narragansett/Massachuset words, and while historically used in English for any meeting, its meaning has become deeply tied to specific Indigenous cultural events. 

Does 23 and me tell you if you're Native American?

Currently 23andMe has several features that can reveal genetic evidence of Indigenous American ancestry, although they are not considered a confirmatory test or proof of such ancestry in a legal context.

What does the number 7 mean in Native American?

Seven The number "seven" is a sacred number to Indigenous Red "Indian" Nations and Peoples. The N/DN/D/Lakota (misnomer "Sioux") recognize, honor, and thank the "Seven Relatives" of Nature that exist in each of the Seven Directions of the Medicine Circle of Life.

Who can remove the president from office?

The Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes and misdemeanors.” The House of Representatives brings articles (charges) of impeachment against an official. Learn more about the House's role in impeachment.

Which president vetoed the Civil Rights Act?

President Andrew Johnson vetoed the Civil Rights Act of 1866, which granted citizenship and equal rights to formerly enslaved people, but Congress successfully overrode his veto, making it law without his signature. Johnson opposed the Act, believing it favored Black Americans over whites and that states should handle civil rights, but the override marked the first time Congress enacted civil rights legislation over a presidential veto.