COMMISSION ON CIVIL RIGHTS
The federal Commission on Civil Rights evalu-
ates CIVIL RIGHTS laws and policies of the U.S.
government, follows legal developments regard-
ing discrimination, investigates allegations that
U.S. citizens are being denied their civil rights,
and evaluates equal opportunity programs. It
collects and monitors information on discrimi-
nation or the denial of EQUAL PROTECTION of
the laws on the basis of race, color, religion, sex,
age, handicap, or national origin. It also investi-
gates equality of opportunity in voting, educa-
tion, employment, transportation, housing, and
the administration of justice.
The commission holds public hearings, pub-
lishes findings and reports, and maintains a toll-
free phone line by which people may make
complaints regarding civil rights. The commis-
sion disseminates the information it gathers but
cannot enforce existing civil rights laws. It offers
its findings and makes recommendations to the
president and to Congress. Many of the com-
mission’s recommendations have been incor-
porated into laws, executive orders, and
regulations. The commission also collects and
stores civil rights information gathered from
around the United States.
The Commission on Civil Rights was cre-
ated by the CIVIL RIGHTS ACT of 1957, and it was
later reestablished by the U.S. Commission on
Civil Rights Act of 1983 (42 U.S.C.A. § 1975 et
seq.). It maintains six regional offices and is
headed by eight members, or commissioners, of
whom no more than four shall come from any
one political party. Members serve for three or
six years. Four members of the commission are
appointed by the president, two by the president
pro tempore of the Senate, and two by the
Speaker of the House of Representatives. The
president designates a chairperson and vice
chairperson from among the commission’s
members.
From the beginning, the Commission on
Civil Rights has interjected itself in controversy.
It has investigated activities ranging from dis-
crimination to HATE CRIMES. Because appoint-
ments to the commission are political, its tone
often swings from the right to the left, depend-
ing on who is president. During the 1980s, it
issued opinions that were so conservative that
some congressional Democrats wanted to shut it
down. In contrast, during the 1990s, under the
leadership of its outspoken chairwoman, Mary
Frances Berry, it tilted toward the left.
The commissions most controversial recent
action was its investigation into the 2000 presi-
dential election in Florida. After a six-month
investigation, the commission issued a report
claiming that Florida’s conduct of this election
was marked by “injustice, ineptitude and ineffi-
ciency.” The report claimed that minority voters
were disenfranchised through unequal access to
voting equipment and overzealous efforts to
purge state voter lists of felons and other ineligi-
ble voters. It recommended that the JUSTICE
DEPARTMENT initiate litigation to correct this
discrimination.
The four commissioners who backed the
report were all Democrats or otherwise consid-
ered liberal. Two Republican commissioners
issued a dissenting report, stating that the
Florida election problems were hampered by
unintentional and unanticipated problems that
were not motivated by racial bias and that did
not disenfranchise minority voters. The dissent
cited a study that low income and literacy rates
were more likely than race to explain the num-
ber of ballots rejected in certain neighborhoods.
In addition to the dissenters, Florida’s Repub-
lican governor and SECRETARY OF STATE de-
nounced the commission’s findings.
Lost in the controversy over whether the
commission’s finding of bias in the Florida 2000
presidential election was itself biased were some
non-controversial recommendations of the
commission. These included better training for
poll-workers, upgraded voting equipment that would be consistently used, and better resource allocation for voting education. Some of the
commission’s recommendations were later
adopted by Florida for the 2002 election cycle.
The fact that appointees to the commission
are political has meant that the appointment
process to the commission itself has become
political at times. For example, in 1993, Republicans
refused to confirm a Democratic
appointee for the chair of the commission. In
2002, a Republican appointee to the commission
had to go to court before he could take his seat
on the commission.
Nevertheless, the Commission had remained
in existence for almost 50 years, and has made
valuable contributions to America’s civil rights
debate in that period. Its web site,
enforce federal civil rights laws, and different
state civil rights organizations. As long as it
exists, the commission will probably stir up controversy,
but ideally it will continue to educate
and enlighten about civil rights issues as well.
FURTHER READINGS
Carlson, Peter. 2002. “Uncivil Fights; The Commissioners
Have a Job to Do. But First, They Have to Agree to
Meet.”Washington Post (October 30).
U.S. Government Manual Web site.Available online at
2003).
U.S. Commission on Civil Rights. 2001. Voting Irregularities
in Florida During the 2000 Presidential Election. Available
online at
