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gejohnston

(17,502 posts)
10. Stevens was wrong
Thu May 26, 2016, 09:07 AM
May 2016

Last edited Thu May 26, 2016, 10:10 AM - Edit history (1)

Cruikshank also said that any state can take away the first amendment rights and also made the civil rights laws at the time unenforceable. Stevens was being an activist. Civil rights lawyers have been chipping away at Cruikshank for decades, McDonald finally smashed it. Cruikshank enabled the Klan's repression and Jim Crow laws.

The Cruikshank ruling also allowed groups such as the Ku Klux Klan to flourish and continue to use paramilitary force to suppress black voting. As white Democrats dominated the Southern legislatures, they turned a blind eye on the violence. They refused to allow African Americans any right to bear arms.

As constitutional commentator Leonard Levy later wrote in 1987, "Cruikshank paralyzed the federal government's attempt to protect black citizens by punishing violators of their Civil Rights and, in effect, shaped the Constitution to the advantage of the Ku Klux Klan." Federal civil rights enforcement was blocked by Cruikshank until 1966 (United States v. Price; United States v. Guest) when the Court vitiated Cruikshank.

https://en.wikipedia.org/wiki/United_States_v._Cruikshank#Aftermath

As to Breyer, the sponsors of the 14th amendment didn't write it in order to protect gay marriage or abortion either, what's his point?

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