https://imprimis.hillsdale.edu/roots-partisan-divide/
Worth reading.
How Civil Rights Legislation Worked
There were two noteworthy things about the civil rights legislation of 1964 and 1965.
The first was its unprecedented concentration of power. It gave Washington tools it had never before had in peacetime. It created new crimes, outlawing discrimination in almost every walk of public and private life. It revoked—or repealed—the prevailing understanding of freedom of association as protected by the First Amendment. It established agencies to hunt down these new crimes—an expanded Civil Rights Commission, an Equal Employment Opportunity Commission (EEOC), and various offices of civil rights in the different cabinet agencies. It gave government new prerogatives, such as laying out hiring practices for all companies with more than 15 employees, filing lawsuits, conducting investigations, and ordering redress. Above all, it exposed every corner of American social, economic, and political life to direction from bureaucrats and judges.
To put it bluntly, the effect of these civil rights laws was to take a lot of decisions that had been made in the democratic parts of American government and relocate them to the bureaucracy or the judiciary. Only with that kind of arsenal, Lyndon Johnson and the drafters thought, would it be possible to root out insidious racism.
The second noteworthy thing about the civil rights legislation of the 1960s is that it was kind of a fudge. It sat uneasily not only with the First Amendment, but with the Constitution as a whole. The Voting Rights Act of 1965, passed largely to give teeth to the 14th Amendment’s guarantee of equal rights for all citizens, did so by creating different levels of rights for citizens of southern states like Alabama and citizens of northern states like Michigan when it came to election laws.
The goal of the civil rights laws was to bring the sham democracies of the American South into conformity with the Constitution. But nobody’s democracy is perfect, and it turned out to be much harder than anticipated to distinguish between democracy in the South and democracy elsewhere in the country. If the spirit of the law was to humiliate Southern bigots, the letter of the law put the entire country—all its institutions—under the threat of lawsuits and prosecutions for discrimination.