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Original Knights Of The Ku Klux — Part 1
Page 151
151 / 184
—
—
a
o.,
ox more persona "to conspire to injure, oppress, threaten or
- t
~ i J
crimina. law counterpart to 42 U.S.C, 1971. ‘The Act forbade two’
SA
»
intimidate any citizen ir the free exercise or enfeyment of any
United states" or to "go in disguise on the highway, or on the
!- premises of anather, with intent to prevent or hinder [such
‘citizen in) his free exercise or enjoyment” of any such right; or
to "conspire to prevent by force, intimidation, or threat, any
citizen who is lawfully entitled to vote" from voting for presi-
dential electors or members of Congress. Justice Miller, ina
‘powerful opinion for the Court, sustained the conviction and held
the statute valid. The opinion made it slear that the ri
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 itseif from corruption of fraud." Nor does it matter
that state and federal offices are elected in the same election.
wo:
The congressional powers are not “annulled because an election
or state officers is heid at the same time and piace". 110
- U.S. at 660.
The heart of the Yarbrough decision is the Court's emphasis
on the transcendent interest of the federal governnent> ’ ahe
violence and intimidation to which the Negro was subjected ware
important becauea/ie alloyed the purity of the federal political
process, The federal government “must have the power to protect
the elections on which ite existence depends from violence and
19 U.s, at 658. This implied power arises out of
--§ F-
Lape iets emai
Ter ees
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