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Original Knights Of The Ku Klux — Part 2
Page 175
175 / 208
a
; ‘citizen in] his free exercise or enjoyment" of any such right; or
“ex more persons “to conspire to injure, oppress, threaten or
- 1
~~ i wa
crimina. law counterpart to 42 U.S.C. 1971. ‘The Act forbade two’
“A
intimidate any citizen i: the free exercise or enybyment of any
right o: privilege secured to by the Constitution or laws of the
united states" or to "go in disguise on the highway, or on the
premises of another, with intent to prevent or hinder [suth
‘
-
to "conspire to prevent by force, intimidation, or threat, any
citizen who is lawfully entitled to vote" from voting for presi-
. 4 . aan
- dential electors or members of Congress. Justice Miller, in a
‘powerful opinion for the Court, sustained the conviction and held
vote in fedéral elections is a privilege of national citizenship
‘derived from the Constitution. Congress therefore “can by law
protect the act of voting, the place where it is done and the
man who votes, from personal violence or intimidation, and the
‘election itself from corruption of fraud." Mor does it matter
that state and federal offices are elected in the same election.
The congressional powers are not “annulled because an election
for state officers is heid at the same time and place". 110
WS. at 660.
The heart of the Yarbrough decision is the Court's emphasis
on the transcendent interest of the federal government The
violence and intimidation to which the Negro was subjected were
important pecause/at alloyed the purity of the federal political
process. The federal government “must have the power to protect
the elections on which its existence depends from violence and’
governmental necessity. The Court said:
33
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