Civil Rights Act of 1866
The Civil Rights Act of 1866, , enacted April 9, 1866, was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States. This legislation was passed by Congress in 1865 and vetoed by U.S. President Andrew Johnson. In April 1866 Congress again passed the bill to support the Thirteenth Amendment. Johnson again vetoed it, but a two-thirds majority in each chamber overcame the veto to become law without presidential signature.
Archibald Cox
The civil rights legislation that Kennedy was unable to see pass during his lifetime received the needed momentum from his death and the legislative skill of President Johnson. In 1964 the public accommodations bill passed as the Civil Rights Act of 1964. The obvious constitutional attack on the legislation was its constitutionality under the Fourteenth Amendment because it sought to regulate conduct that was not "state action." Cox and Assistant Attorney General and Head of the Civil Rights Division Burke Marshall, however founded the legislation on Congress's power to regulate interstate commerce. Although both John and Robert Kennedy questioned the optics of using the Commerce Clause, they did not object. Cox had no difficulty having the Court uphold the statute on that basis when he argued the cases in October.