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Original Knights Of The Ku Klux — Part 2
Page 162
162 / 208
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fron unliwfully interfering with the sxercise of civil rights ae
“A,
by Negre citizens. le er cama
1
I. ‘ III.
The defendants contend that the complaint fails to state
a siaim t.pon which relief can he grenced. They start with the
- écatrine that the 14th and 15th BRmerdments apply only to state
+
zetzon o:: action under color of state law. A. This moves them
as a matter of statutory construction,
tc. concl.dejthat Congress did not purport to enforce civil
‘rights against private persons. Moreover, so they argue, the
interference with ‘interference with
1057 Act applies to/"voting"™ not to/"registering". B. And,
‘they s52y, L£ civil rights acts do authorize enforcement against
private persons (not owners or mMenacers of a place of public
accommodation) the statutes are unconstitutional,
A.
(1) The Civil Rights Act of 1957. In the field of civil
rignts the problem of enforcement is more difficult than the
problem of legislative @efinition. Tne choice of remedy
determines whether an act of Congress simply Geclares a right.
or carries machinery for meaning=ul performance of the statu- .
tory promise. In the past, an obviews hiatus has been the
eck of effective sanctions against private persons inter-
fering with a citizen's exercise of a civil right. This lack
mey be explained by a number of reasons. (a) con-
we
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