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Original Knights Of The Ku Klux — Part 2
Page 163
163 / 208
omen,
I . ;
3
gress has been reluctant to assert affirmatively’ by legislation
its responsibility to protect the privileges and immunities of
~~
citizens of the United States, for fear of Amperil!:'3 oo Toe Terie
11 :
relationship between the states and the Nation. (hb) Courts have -
narrowly construed criminal sanctions available in Section 241 and
12 ’
244 of Title 18. (c] Congress and the courts have been severely
limited by the doctrine of state action, in spite of the trend
13
toward an expansive view of what is state action. (4d) Congresses haa
been wary of using an equitable remedy in civil rights legislation.
The Constitution guarantees an accused in a criminal case the right
to indictment by a grand jury and trial by a jury of the vicinage.
Enforcement of civil rights ‘through the use of an injunction and
the contempt power of the courts would by-pass the jury system.
However, in communities hostile to civil rights and resentful
against “outside", that is, federal interference, injunctive relief
may be the most effective method of enforcing civil rights. ;
the pros and cons of these and manv other issues when: ?
Congress “considered /tiese-entrrc Lacedrecssiderabiom—m
i5
7 the Administration submitted an omnibus civil rights bill in 1956.
The focal i.ssues--the contempt power, the jury system, and the .
relationship of the States with the Naction--produced one of the great
debates in American parliamentary history. By the time the bill was
eat Aste fe a ouAtine riahre lau Ac ba Civil Riaghte Aot af 1957. 71 Srat
cut down to a voting rights law, as the Civil Rights Act of 1937, 71 Stat
634,
Congress and the country thoroughly understood the significance of
16
the legislation. Congress had opened the door, then nearly shut,
to national responsibility for protecting civil rights--created or
‘guaranteed by the Nation--by injunction proceedings against private
persons.
Part III of the Administration's bill, as originally proposed,
would have authorized the Attorney General to file suit againet any
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