The Federal Government was the most Important Element in Achieving Civil Rights during this period. How far do you agree?

  In order to achieve civil rights there needed to be an effective combination of legislation, enforcement and change in social attitudes. The federal government was made up of the Supreme Court, congress and the executive branch. They through introducing legislation, providing adequate enforcement and support were clearly an important element in this. However the volatile nature of the government and their lack of influence over social change, arguably the most significant factor to achieving civil rights, depreciated their importance in comparison to other factors. Most significant of these other factors were organized civil rights groups, who through their communications with the community implemented successful tactics to achieve change. To support the federal government as the most important element in achieving civil rights one may cite the significant power of the executive branch. They were able to respond to issues of civil rights quickly and efficiently with the use of executive orders. Executive order 8587 and 8802 implemented by FDR and Truman, respectively, dealt with the discrimination in defence industries when its solidarity was the most necessary, during World War II. The personality of the president was also important in achieving civil rights because it put an authoritative character behind the movement. Lincoln's attitude as president between 1861 and 1865 is a clear example of this. He was able to use his power to decisively dismiss negative change like the proposition that all former slaves should be forced to leave USA.            The other side of the executive branch's influence in the movement was that it clearly allowed for those Presidents who were less supportive to inhibit progress. Lyndon Johnson, who did not prioritise civil rights, allowed the discriminatory Black Codes to be introduced in the South, which significantly limited African American's new rights and allowed them to be punished in similar ways as when they were in slavery. The president, who's activities were greatly influenced by predominantly white voters, may appear to have been a limiting factor in achieving civil rights because of the volatile attitudes that have clearly held the movement back throughout the period.
           Most obviously the federal government may be considered the most important element in achieving civil rights because of the legislation introduced that literally gave African Americans their rights. Congress were those that had the power to do this clear from the period of congressional reconstruction that gave way to 1866 Civil Rights Act, to the Voting Rights Act of 1982. This step of gaining legal rights by congress is arguably the most significant in achieving civil rights because it gave authority to the claims of African Americans that they were equal. This was essential to both the white and black population. Congress represents the voting population, mostly white during this period and their decisions to pass civil rights legislation not only ought to reflect the opinions of the American people but also provided a model of attitude for the general population to follow, thereby encouraging social change supporting civil rights. To the black population, it was much needed progress in an increasingly desperate situation.           Despite these positive changes, it was exactly the federal governments' title as 'representatives of the people' that held back the civil rights movement. The south in particular, with its especially racist attitude, introduced key legislation, allowed by Congress, which held back civil rights. The most notable example of this were the Jim Crow Laws, the racist attitude is highlighted by the derogatory name of 'Jim Crow' given to an African American. These legalised segregation in facilities such as hospitals, education, rail travel, sports, orphanages, prisons, funeral homes and cemeteries. The lack of consistent power to prevent these changes in the federal government highlights how their negative impacts may outweigh the positives in their activity to achieve civil rights.
           The Supreme Court because of their ability to make more situational decisions was a key element in achieving civil rights. This is evident from significant rulings like Smith v Allwright in 1944 that deemed it unconstitutional for black voters to be excluded from party primary voting. This highlights how the Supreme Court was an important element in ensuring that all states were upholding the civil rights legislation of the time and giving African Americans the necessary rights. Their decision in 1960, Boynton v Virginia that declared segregation on interstate buses unconstitutional shows the importance of the Supreme Court because their decisions led to key social activity, like the Freedom Rides. The Supreme Court had the power to make personal decisions that influenced the entire country, most notably in the Brown decision of 1954. This checked the state laws of segregation that deemed everything 'separate but equal', and highlighted the weakness of this statement in the education system-a key fighting point for civil rights.            Although the Supreme Court made some monumental decisions in favour of civil rights that gave way to positive change throughout the country, this power was equally wielded in the opposite way. In cases like Plessy v Ferguson and Wilkins v Mississippi the Supreme Court permitted much anti-civil rights legislation like segregation and discriminatory voter laws that consequently allowed for continuance prejudice and unequal treatment to continue throughout the country.
           The federal government were an important element in enforcing civil rights legislation and decisions that proved controversial. This is clear from the Supreme Courts decision on Brown when federal forces were required to escort children into school. However it is precisely the Brown instance that highlights the inadequacy of the federal government in enforcing civil rights progress effectively. Federal authorities went from barring African American children from the school one day, to escorting them in the next. This inconsistent authority highlights the failings of the federal government. This is combined with the need for enforcement of civil rights legislation and decisions, which points out that the federal government was not ultimately powerful in the face of popular opinion. The federal governments actions may appear to not be the most important element in achieving civil rights since their remains the gap between rights and access to those rights that the federal government clearly did not have the breadth to deal with in enforcement.
           Brown is a clear instance of how vital popular opinion was to the civil rights movement. The few ways in which the federal government could tackle social attitudes it did attempt to, for instance the Freedmen's Bureau and the New Deal. However these did not change the opinions that mattered, which were posing opposition, of which a large proportion was violent, to civil rights. This failing is key to their importance as an element in achieving civil rights. In their place there are key grassroots organizations like NAACP and leaders like Malcolm X and Martin Luther King that understood the social needs of African Americans. They used this knowledge to force the federal government into action, for example the NAACP worked to pressure Congress for the Voting Rights Act of 1982. They encouraged black empowerment and equality among ordinary people and their work was what drew the attention of the federal government to make the necessary changes.
           The federal government held considerable power in achieving civil rights. They were the tool that literally gave out civil rights and the ultimate authority the American population looked to for guidance on the issue. However it is exactly this power that would limit its importance since the changing nature of government dependent on voters, alternative factors and the personalities that drive it could also inhibit and allow for negative change in the movement. One of these personalities Eisenhower famously said: 'You cannot change people's hearts merely by laws’; this draws attention to another limiting factor of the federal government. They did not have ultimate power to change social attitudes that effected African Americans and their rights on a day-to-day basis. Although the federal government was undoubtedly an important factor in achieving civil rights, its changing nature over the period and lack of influence over opinion means it is not the most important in achieving civil rights.