Ku Klux Act passed by Congress

Ku Klux Act passed by Congress



We are searching data for your request:

Forums and discussions:
Manuals and reference books:
Data from registers:
Wait the end of the search in all databases.
Upon completion, a link will appear to access the found materials.

With passage of the Third Force Act, popularly known as the Ku Klux Act, Congress authorizes President Ulysses S. Grant to declare martial law, impose heavy penalties against terrorist organizations and use military force to suppress the Ku Klux Klan (KKK).

Founded in 1865 by a group of Confederate veterans, the KKK rapidly grew from a secret social fraternity to a paramilitary force bent on reversing the federal government’s progressive Reconstruction Era-activities in the South, especially policies that elevated the rights of the local African-American population. The name of the Ku Klux Klan was derived from the Greek word kyklos, meaning “circle,” and the Scottish-Gaelic word “clan,” which was probably chosen for the sake of alliteration. Under a platform of philosophized white racial superiority, the group employed violence as a means of pushing back Reconstruction and its enfranchisement of African-Americans. Former Confederate General Nathan Bedford Forrest was the KKK’s first grand wizard and in 1869 unsuccessfully tried to disband it after he grew critical of the Klan’s excessive violence.

Most prominent in counties where the races were relatively balanced, the KKK engaged in terrorist raids against African Americans and white Republicans at night, employing intimidation, destruction of property, assault, and murder to achieve its aims and influence upcoming elections. In a few Southern states, Republicans organized militia units to break up the Klan. In 1871, passage of the Ku Klux Act led to nine South Carolina counties being placed under martial law and thousands of arrests. In 1882, the U.S. Supreme Court declared the Ku Klux Act unconstitutional, but by that time Reconstruction had ended, and much of the KKK had faded away.

The 20th century would see two revivals of the KKK: one in response to immigration in the 1910s and ’20s, and another in response to the African American civil rights movement of the 1950s and ’60s. Various chapters of the KKK still exist in the 21st century. According to the Southern Poverty Law Center, white supremacist violence is again on the rise in America. Several high profile events, including the 2015 Charleston church shooting; the 2017 "Unite the Right" rally in Charlottesville, Virginia; the 2018 Pittsburgh synagogue shooting; and the 2019 shooting in an El Paso, Texas Walmart were all fueled by white supremacy and racism.

READ MORE: How Prohibition Fueled the Rise of the Ku Klux Klan


What did the Ku Klux Act do?

Force Acts. Force Acts, in U.S. history, series of four acts passed by Republican Reconstruction supporters in the Congress between May 31, 1870, and March 1, 1875, to protect the constitutional rights guaranteed to blacks by the Fourteenth and Fifteenth Amendments.

Additionally, what did the Enforcement Act of 1870 make illegal? The Enforcement Act of 1870 prohibited discrimination by state officials in voter registration on the basis of race, color, or previous condition of servitude. It established penalties for interfering with a person's right to vote and gave federal courts the power to enforce the act.

Subsequently, one may also ask, what was the purpose of the Civil Rights Act of 1871?

Like the prior year's legislation, the act was designed in large part to protect African Americans from Klan violence during Reconstruction, giving those deprived of a constitutional right by someone acting under color of law the right to seek relief in a federal district or circuit court.

What happened to the Constitution in 1871?

Instead, Congress passed the Organic Act of 1871, which revoked the individual charters of the cities of Washington and Georgetown and combined them with Washington County to create a unified territorial government for the entire District of Columbia.


TOPN: Ku Klux Act

Laws acquire popular names as they make their way through Congress. Sometimes these names say something about the substance of the law (as with the '2002 Winter Olympic Commemorative Coin Act'). Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law (as with the 'Taft-Hartley Act'). And sometimes they are meant to garner political support for a law by giving it a catchy name (as with the 'USA Patriot Act' or the 'Take Pride in America Act') or by invoking public outrage or sympathy (as with any number of laws named for victims of crimes). History books, newspapers, and other sources use the popular name to refer to these laws. Why can't these popular names easily be found in the US Code?

The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. At its top level, it divides the world of legislation into fifty topically-organized Titles, and each Title is further subdivided into any number of logical subtopics. In theory, any law -- or individual provisions within any law -- passed by Congress should be classifiable into one or more slots in the framework of the Code. On the other hand, legislation often contains bundles of topically unrelated provisions that collectively respond to a particular public need or problem. A farm bill, for instance, might contain provisions that affect the tax status of farmers, their management of land or treatment of the environment, a system of price limits or supports, and so on. Each of these individual provisions would, logically, belong in a different place in the Code. (Of course, this isn't always the case some legislation deals with a fairly narrow range of related concerns.)

The process of incorporating a newly-passed piece of legislation into the Code is known as "classification" -- essentially a process of deciding where in the logical organization of the Code the various parts of the particular law belong. Sometimes classification is easy the law could be written with the Code in mind, and might specifically amend, extend, or repeal particular chunks of the existing Code, making it no great challenge to figure out how to classify its various parts. And as we said before, a particular law might be narrow in focus, making it both simple and sensible to move it wholesale into a particular slot in the Code. But this is not normally the case, and often different provisions of the law will logically belong in different, scattered locations in the Code. As a result, often the law will not be found in one place neatly identified by its popular name. Nor will a full-text search of the Code necessarily reveal where all the pieces have been scattered. Instead, those who classify laws into the Code typically leave a note explaining how a particular law has been classified into the Code. It is usually found in the Note section attached to a relevant section of the Code, usually under a paragraph identified as the "Short Title".

Our Table of Popular Names is organized alphabetically by popular name. You'll find three types of link associated with each popular name (though each law may not have all three types). One, a reference to a Public Law number, is a link to the bill as it was originally passed by Congress, and will take you to the LRC THOMAS legislative system, or GPO FDSYS site. So-called "Short Title" links, and links to particular sections of the Code, will lead you to a textual roadmap (the section notes) describing how the particular law was incorporated into the Code. Finally, acts may be referred to by a different name, or may have been renamed, the links will take you to the appropriate listing in the table.


Contents

The main goal in creating these acts was to improve conditions for black people and freed slaves. The main target was the Ku Klux Klan, a white supremacy organization of the time, which was targeting blacks, and, later, other groups. Although this act was meant to fight the KKK and help black people, and freedmen, many states were reluctant to take such relatively extreme actions, for several reasons. Some politicians at the state and federal levels were either members of the Klan, or did not have enough strength to fight the Klan. Another goal of these acts was to achieve national unity, by creating a country where all races were considered equal under the law. [2]

The Enforcement Acts did many things to help freedmen. The main purpose under the act was the prohibited use of violence or any form of intimidation to prevent the freedmen from voting and denying them that right. There were many provisions placed under the act, many with serious consequences. The Enforcement Acts were created as part of the Reconstruction era following the American Civil War. To allow full national unity, all citizens must be accepted and viewed equally, with violence prohibited. [1]

Enforcement Act of 1870 Edit

The Enforcement Act of 1870 prohibited discrimination by state officials in voter registration on the basis of race, color, or previous condition of servitude. It established penalties for interfering with a person's right to vote and gave federal courts the power to enforce the act.

The act also authorized the President to employ the use of the army to uphold the act and the use of federal marshals to bring charges against offenders for election fraud, the bribery or intimidation of voters, and conspiracies to prevent citizens from exercising their constitutional rights.

The act banned the use of terror, force or bribery to prevent people from voting because of their race. [3] Other laws banned the KKK entirely. Hundreds of KKK members were arrested and tried as common criminals and terrorists. The first Klan was all but eradicated within a year of federal prosecution.

Enforcement Act of 1871 Edit

The Enforcement Act of 1871 (formally, "an Act to enforce the rights of citizens of the United States to vote in the several states of this union"), permitted federal oversight of local and state elections if any two citizens in a town with more than twenty thousand inhabitants desired it. [4]

The Enforcement Act of 1871 (second act) and the Civil Rights Act of 1875 are very similar to the original act as they all have the same goal, but revised first act with the intention of being more effective. The Act of 1871 has more severe punishments with larger fines for disregarding the regulations, and the prison sentences vary in length. [5] [ page needed ] The final act, and the most effective, was also a revision. Although the fines lowered again, and the prison sentences remained approximately the same, [6] [ page needed ] this act was the best enforced by the government.

Ku Klux Klan Act Edit

The Enforcement Act of 1871, the third Enforcement Act passed by Congress and also known as the Ku Klux Klan Act (formally, "An Act to enforce the Provisions of the Fourteenth Amendment to the Constitution of the United States, and for other Purposes"), made state officials liable in federal court for depriving anyone of their civil rights or the equal protection of the laws. It further made a number of the KKK's intimidation tactics into federal offenses, authorized the president to call out the militia to suppress conspiracies against the operation of the federal government, and prohibited those suspected of complicity in such conspiracies to serve on juries related to the Klan's activities. The Act also authorized the president to suspend the writ of habeas corpus if violence rendered efforts to suppress the Klan ineffective. It was passed at the request of Ulysses S. Grant.

As a response to the act, Klansmen in South Carolina were put on trial in front of juries made up of mainly blacks. Amos T. Akerman was largely involved with the prosecutions of the Klansmen. He worked to make America aware of Klan violence and how much of a problem it was becoming. His work led to trials and to jail sentences of a few hundred Klan members. Many others who were put on trial either fled or were only given a warning. By 1872, the Klan as an organization had been officially broken. [2]

Enforcement Acts were a series of acts, but it was not until the Ku Klux Klan Act of 1871, the third Enforcement Act, that their regulations to protect blacks, and to enforce the Fourteenth and Fifteenth Amendment to the United States Constitution were really enforced and followed. It was only after the creation of the third Enforcement Act that trials were conducted, and perpetrators were convicted for any crimes they had committed in violation of the Enforcement Acts. [7]

Judicial interpretations Edit

After the Colfax massacre in Louisiana, the federal government brought a civil rights case against nine men (out of 97 indicted) who were accused of paramilitary activity intended to stop Black people from voting. In United States v. Cruikshank (1876), the Court ruled that the federal government did not have the authority to prosecute the men because the Fourteenth and Fifteenth Amendments provide only for redress against state actors. However, in Ex Parte Yarbrough (1884) the Court allowed individuals who were not state actors to be prosecuted because Article I Section 4 gives Congress the power to regulate federal elections.

In Hodges v. United States (1906) the Court addressed a possible Thirteenth Amendment rationale for the Enforcement Acts, and found that the federal government did not have the authority to punish a group of men for interfering with Black workers through whitecapping. Hodges v. United States would be overruled in Jones v. Alfred H. Mayer Co. some 50 years later, starting the first time since Reconstruction where the federal government could criminalize racist acts by private actors.

Later uses Edit

In 1964, the United States Department of Justice charged eighteen individuals under the Enforcement Act of 1870, with conspiring to deprive Michael Schwerner, James Chaney, and Andrew Goodman of their civil rights by murder because Mississippi officials refused to prosecute their killers for murder, a state crime. While the Supreme Court harmed the Act, they didn't fully repeal it. The resulting case, United States v. Price, would stand because state actors were involved.


HISTORY OF THE ACT FROM 1871 TO 1961

If you try to find the Klu Klux Klan Act among current United States statutes, you will be unsuccessful. In 1874 the statutes were revised in what was to be merely a procedural reorganization. Sections 1, 2, 3, 5, and 6 were scattered throughout the Revised Statutes. Section 4, permitting the suspension of habeas corpus, provided its own expiration date (after the end of the next regular section of Congress) and so did not make it into the Revised Statutes. A modern reader encounters only remnants and revisions of the original Act located in several places in the United States Code.

The various provisions of the Ku Klux Klan Act were not used frequently after their enactment. One reason was that the Supreme Court gave an extremely narrow interpretation to the privileges and immunities clause of the Fourteenth Amendment in the Slaughterhouse Cases (1873). In these cases, the Court held that only privileges and immunities of national citizenship were protected by the provision. Most civil rights were deemed to be privileges of state citizenship and fell outside the protection of the Fourteenth Amendment. This interpretation meant that states, not the federal government, would be the primary protectors of civil rights. Since the Ku Klux Klan Act was designed to enforce the Fourteenth Amendment, the result was that there was not much left to enforce. Subsequent decisions further narrowed the Fourteenth Amendment by ruling that it applied only to state action (United States v. Cruikshank [1876] Virginia v. Rives [1879]). The Court's decision in United States v. Harris (1882) invalidated the criminal conspiracy section of the act for the same reason.

The result of these decisions was that states were once again primarily responsible for protecting the rights of their citizens, and Black Codes reappeared and melded with a system of social apartheid that became known as "Jim Crow." Congress, which had lost any political will to protect and enforce the Reconstruction Amendments and legislation, was content to see the statutes fall into disuse. Consequently, discriminatory laws affected not only African Americans but many other racial minorities.


TOPN: Ku Klux Klan Act

Laws acquire popular names as they make their way through Congress. Sometimes these names say something about the substance of the law (as with the '2002 Winter Olympic Commemorative Coin Act'). Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law (as with the 'Taft-Hartley Act'). And sometimes they are meant to garner political support for a law by giving it a catchy name (as with the 'USA Patriot Act' or the 'Take Pride in America Act') or by invoking public outrage or sympathy (as with any number of laws named for victims of crimes). History books, newspapers, and other sources use the popular name to refer to these laws. Why can't these popular names easily be found in the US Code?

The United States Code is meant to be an organized, logical compilation of the laws passed by Congress. At its top level, it divides the world of legislation into fifty topically-organized Titles, and each Title is further subdivided into any number of logical subtopics. In theory, any law -- or individual provisions within any law -- passed by Congress should be classifiable into one or more slots in the framework of the Code. On the other hand, legislation often contains bundles of topically unrelated provisions that collectively respond to a particular public need or problem. A farm bill, for instance, might contain provisions that affect the tax status of farmers, their management of land or treatment of the environment, a system of price limits or supports, and so on. Each of these individual provisions would, logically, belong in a different place in the Code. (Of course, this isn't always the case some legislation deals with a fairly narrow range of related concerns.)

The process of incorporating a newly-passed piece of legislation into the Code is known as "classification" -- essentially a process of deciding where in the logical organization of the Code the various parts of the particular law belong. Sometimes classification is easy the law could be written with the Code in mind, and might specifically amend, extend, or repeal particular chunks of the existing Code, making it no great challenge to figure out how to classify its various parts. And as we said before, a particular law might be narrow in focus, making it both simple and sensible to move it wholesale into a particular slot in the Code. But this is not normally the case, and often different provisions of the law will logically belong in different, scattered locations in the Code. As a result, often the law will not be found in one place neatly identified by its popular name. Nor will a full-text search of the Code necessarily reveal where all the pieces have been scattered. Instead, those who classify laws into the Code typically leave a note explaining how a particular law has been classified into the Code. It is usually found in the Note section attached to a relevant section of the Code, usually under a paragraph identified as the "Short Title".

Our Table of Popular Names is organized alphabetically by popular name. You'll find three types of link associated with each popular name (though each law may not have all three types). One, a reference to a Public Law number, is a link to the bill as it was originally passed by Congress, and will take you to the LRC THOMAS legislative system, or GPO FDSYS site. So-called "Short Title" links, and links to particular sections of the Code, will lead you to a textual roadmap (the section notes) describing how the particular law was incorporated into the Code. Finally, acts may be referred to by a different name, or may have been renamed, the links will take you to the appropriate listing in the table.


APUSH Key Concept 5.2 II (E) Segregation, violence, Supreme Court decisions, and local political tactics progressively stripped away African American rights, but the 14th and 15th Amendments were used as foundations for multiple Civil Rights movements in the 20th century.

Boissoneault, Lorraine. “The Deadliest Massacre in Reconstruction-Era Louisiana Happened 150 Years Ago.” Smithsonian.com, Smithsonian Institution, 28 Sept. 2018, www.smithsonianmag.com/history/story-deadliest-massacre-reconstruction-era-louisiana-180970420.

Britannica, The Editors of Encyclopaedia. “Ku Klux Klan.” Encyclopædia Britannica, Encyclopædia Britannica, Inc., 10 Jan. 2019,

Bryant, Jonathan M. “Ku Klux Klan in the Reconstruction Era.” New Georgia Encyclopedia, 31 January 2019,

Mr. Raymond’s Civics and Social Studies Academy, director. YouTube. YouTube, YouTube, 7 July 2017, www.youtube.com/watch?v=bhZAcOIlPbA.


BLOG DISCLAIMER

The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.


BLOG DISCLAIMER

The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.


The Ku Klux Klan

After the Thirteenth Amendment abolished slavery in 1865, those opposed to freedom for African Americans found other means of control. Southern states implemented restrictive laws known as Black Codes, and armed vigilantes formed the Ku Klux Klan and used violent intimidation. Several congressional committees investigated the Klan, and Congress passed the Enforcement Act of 1870 to protect freedmen against violence. A Joint Committee to Inquire into the Conditions of Affairs in the Late Insurrectionary States formed in 1871 and exposed the Klan’s tactics, hastening a decline that lasted until the 1920s.