Civil Rights Act of 1960
By the late 1950s, the Civil Rights Movement had been pressuring Congress to enact legislation to protect the constitutional civil rights of African Americans. The first major piece of civil rights legislation passed by Congress was the Civil Rights Act of 1957. While enforcing the voting rights of African Americans set out in the Fifteenth Amendment of the United States Constitution, the act had several loopholes. Southern states continued to discriminate against African Americans in application of voter registration and electoral laws, in segregation of school and public facilities, and in employment.
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.