1875 United States High Court rules has no power to stop KKK - TopicsExpress



          

1875 United States High Court rules has no power to stop KKK members from disarming blacks. In United States v. Cruikshank, 92 U. S. at 548-59 (1875) A member of the KKK, Cruikshank had been charged with violating the rights of two black men to peaceably assemble and to bear arms. The U. S. Supreme Court held that the federal government had no power to protect citizens against private action (not committed by federal or state government authorities) that deprived them of their constitutional rights under the 14th Amendment. The Court held that for protection against private criminal action, individuals are required to look to state governments. “The doctrine in Cruikshank, that blacks would have to look to state government for protection against criminal conspiracies gave the green light to private forces, often with the assistance of state and local governments, that sought to subjugate the former slaves and … With the protective arm of the federal government withdrawn, protection of black lives and property was left to largely hostile state governments.” (GLJ, p. 348.)
Posted on: Sat, 06 Dec 2014 05:01:47 +0000

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