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Howard Zinn — Part 1
Page 162
162 / 249
BS 100-35505
"The disappearance of three civil rights workers
near Philadelphia, Miss., has brought from the
Department of Justice the same denial of its own
powers that it has made again and again these past
three years while murders, beatings, and other
violations of constitutional rights have taken
place in Mississippi and elsewhere in the deep
South.
"Constitutional experts have pointed repeatedly
to the flaws in the Justice Department argument,
but now there is a special urgency in the demand
that the government begin to act.
"aAttormey General Robert Kennedy and Assistant
Attorney General Burke Marshall have constantly
denied that the Federal government can act as a
'tpolice force,' or that it can take effective
preventive action against violence in places like
Mississippi.
"But the Constitution specifically gives the
President the responsibility to see that the laws
of the nation are faithfully executed, and since
1886 these laws include provisions (Title 18,
Sections 241 and 242) which made it a Federal crime
for either an official to wilfully deprive a person
of his constitutional rights, or for private parties
to conspire to do so.
"That the Federal government in the past has not been
behaving like a policeman in enforcing these laws is
simply a sign of negligence, not of lack’:of legal
authority.
"Messrs. Kennedy and Marsall need to be reminded
that the 14th Amendment changed the relationship of
the Federal government to the states and ended the
virtually absolute authority of local police forces.
"Tt was precisely the intent of the 14th Amendment to
create Federal rights, enforceable by Federal action.
"Would Kennedy or Marshall claim that officials of the
state of Mississippi are successfully protecting the
constitutional liberties of civil rights workers (or
Negroes generally) there?
~ 3
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