turn back the hands of time

8/13/2019 Turn Back the Hands of Time

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Turn back the hands

of time

By Stanley Green


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Turn back the hands of timeTurn back the hands of time is a political documentary to showproof the United States Supreme Court has engaged in apattern

or practice of discrimination. The Slave Trade Act of 1807

had outlawed slavery in the United States as criminal offenses.

In the 1857 case of Scott vs. Sanford the United States Supreme

Court ruled in favor of Sanford, who had no legal entitlement toown slaves after slavery had been outlawed in 1807. Supreme

Court Justice Roger B. Taney was born on a tobacco plantation

of slaves. His legal opinions were based upon his upbringing as

slave owner, rather than law. Tennessee Supreme Court et al has

followed suit to base interpretations upon upbringing not law.

Pattern or Practice of DiscriminationDepartment of Justice may file a lawsuit when there is reason to believe

that a person has engaged in a "pattern or practice" of discrimination or

has engaged in discrimination against a group of persons that raises an

issue of "general public importance." Often, the Department's lawsuits

allege that a defendant has done both. The courts have held that theAttorney General has discretion to decide what constitutes an issue of

"general public importance," and the courts will not second-guess that

decision. Thus, the Department can bring suit even when a

discriminatory act has occurred only once, if it affects a group of

persons and the Department believes that the discrimination raises anissue of general public importance (justice.gov).


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Slave Trade Act of 1807The 1807 act was a comprehensive attempt to close the slave trade. By passing the law in March,

Congress gave all slave traders nine months to close down their operations in the United States. The tensections of the 1807 act were designed to eliminate all American

participation in the trade. Section 1 set the tone. After January

1, 1808, it would "not be lawful to import or bring into the United

States or the territories thereof from any foreign kingdom, place, or

country, any negro, mulatto, or person of colour, with intent to hold,

sell, or dispose of such [person] ... as a slave, to be held to service orlabour." The act provided an enormous penalty up to $20,000

for anyone building a ship for the trade or fitting out an existing

ship to be used in the trade. Penalties for participating in the trade

varied. American citizens were subject to fines of up to $10,000 and

jail terms of no less than five years and no more than ten years.Ships of any nation found in American ports or hovering off the

American coast with Africans on them could be seized and

forfeited, with the captain facing a $10,000 fine and up to four years in prison. Any American who

purchased an illegally imported slave would lose that slave and be fined $8,000 for every one purchased.

The law allowed the United States Navy to interdict ships involved in the illegal trade. It also required

ships legally transporting slaves from one part of the nation to another (the domestic slave traderemained legal until 1865) to register their passengers with port authorities before commencing their

voyage. The law certainly had teeth to it. Fines under the statute were enormous, and the potential jail

time was surely enough to discourage most slave smugglers. Moreover, for the Jefferson administration,

which never much liked federal power, this act constituted a huge grant of power to the national

government. Had Congress provided sufficient funding to enforce the law, it would surely have closedthe trade. Funding would, however, be problematic until the Civil War (abolition.nypl.org).


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Fugitive Slave ActsFugitive Slave Acts were a pair of federal laws that allowed for the capture and

return of runaway slaves within the territory of the United States. Enacted byCongress in 1793, the first Fugitive Slave Act authorized local governments to

seize and return escaped slaves to their owners and imposed penalties on

anyone who aided in their flight. Widespread resistance to the 1793 law later

led to the passage of the Fugitive Slave Act of 1850, which added further

provisions regarding runaways and levied even harsher punishments for

interfering in their capture. The Fugitive Slave Acts were among the mostcontroversial laws of the early 19th century, and many Northern states passed

special legislation in an attempt to circumvent them. Both laws were formally

repealed by an act of Congress in 1864 (history.com).

Dred Scott vs. Sanford 1857In 1846, Dred Scott, a slave, sued in a Missouri court for his freedom from

his master. Scott argued that his service for Dr. Emerson in Illinois, a state

from which slavery has been excluded by the Missouri Compromise, made

him a free man. Eventually, the case reached the Supreme Court made of

nine judges who interpreted theConstitution in regards to cases. At that time

the court reflected the attitudes of the time and in a 7-2 decision ruled againstScott. The most important point in this case was that blacks were not

considered people but property and since they were property they could not

petition for rights. Chief Justice Taney wrote that it was "too clear to dispute,

that the enslaved African race were not intended" by the men that signed the

Declaration of Independence in 1776 to be included as citizens of the nation

they sought to establish (score.rims.k12.ca.us).


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Roger TaneyRoger Taney was born in Calvert County, Maryland, into a tobacco plantation family that owned numerous slaves. As

the second son, he was not destined to inherit the property, so

he prepared himself for the law. He received his higher education atDickinson College, from which he graduated in 1795. In 1799, Taney

was admitted to the bar and was elected to the Maryland legislature

for a two-year term. He emerged as a leader of the Federalists,

although he broke with some of his colleagues when he supported

the War of 1812. Following the conflict, he served multiple terms in

the state senate beginning in 1816 while building a successful lawpractice.In 1824, Taney switched his political allegiance to support the

candidacy of Andrew Jackson. He became the state attorney general ofMaryland in 1827 and later, in 1831, he was appointed U.S.

attorney general. He received a recess appointment as secretary of

the treasury when two of Jacksons appointees refused to cooperate

with the presidents plan to withdraw funds from the Bank of the United States. Taney complied with Jacksons wishes,but was punished by the Senate, which refused to ratify his nomination at Treasury and later as an associate justice ofthe Supreme Court.Following the death of John Marshall, Taney managed to win confirmation as chief justice of the

Supreme Court in 1836. Major decisions during his lengthy tenure included Charles River Bridge Company vs. Warren Bridge

(1837), the Dred Scott decision (1857) and Merryman, ex parte (1861).InAbleman v. Boothin 1859, Taney explained his

view of state and federal powers. Sherman Booth had been sentenced by a Federal court for the crime of assisting in

the rescue of a fugitive slave in Milwaukee, Wisconsin. The state Supreme Court had released him on a writ of habeascorpus, because in the court's opinion the Fugitive Slave Act was unconstitutional. When the case came before the U.S.

Supreme Court, the unanimous decision was that the Fugitive Slave Act was constitutional and that state courts could

not interfere with Federal prisoners by means of habeas corpus (u-s-history.com).


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Emancipation ProclamationWhen the American Civil War (1861-65) began, President Abraham

Lincoln carefully framed the conflict as concerning the preservation of theUnion rather than the abolition of slavery. Although he personally found

the practice of slavery abhorrent, he knew that neither Northerners nor

the residents of the border slave states would support abolition as a war

aim. But by mid-1862, as thousands of slaves fled to join the invading

Northern armies, Lincoln was convinced that abolition had become a

sound military strategy, as well as the morally correct path. On September22, soon after the Union victory at Antietam, he issued a preliminary

Emancipation Proclamation, declaring that as of January 1, 1863, all slaves

in the rebellious states "shall be then, thenceforward, and forever free."

While the Emancipation Proclamation did not free a single slave, it was an

important turning point in the war, transforming the fight to preserve thenation into a battle for human freedom.

ReconstructionCongress passed the first Reconstruction Act on 2nd March, 1867.

The South was now divided into five military districts, each under a

major general. New elections were to be held in each state with freedmale slaves being allowed to vote. The act also included an

amendment that offered readmission to the Southern states after they

had ratified the Fourteenth Amendment and guaranteed adult male

suffrage. President Andrew Johnson immediately vetoed the bill but

Congress re-passed the bill the same day (Spartacus).


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The Freedmans BureauThe Freeman's Bureau was established by Congress on 3rd March, 1865. The bureau was designed to

protect the interests of former slaves. Thisincluded helping them to find new

employment and to improve educational

and health facilities. In the year that followed

the bureau spent $17,000,000

establishing 4,000 schools, 100 hospitals

and providing homes and food for formerslaves. The Freeman's Bureau also helped to

establish Howard University in

Washington in 1867. Instigated by the

Radical Republicans in Congress it was

named after General Oliver Howard, aCivil War hero and commissioner of the

Bureau of Refugees and a leading figure in

the Freeman's Bureau. Attempts by Congress

to extend the powers of the Freemen's Bureau was vetoed by President Andrew Johnson in February,

1866. This increased the conflict between Johnson and the Radical Republicans in Congress (Spartacus).


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President Andrew JohnsonIn 1864, Republican Abraham Lincoln chose Andrew Johnson, a Democratic senator from Tennessee,

as his Vice Presidential candidate. Lincoln was looking for Southern support. He hoped that by selectingJohnson he would appeal to Southerners who never wanted to leave the Union. The views of the Vice

President rarely matter too much, unless something

happens to the President. Following Lincoln's

assassination, Johnson's views now mattered a great

deal. Would he follow Lincoln's moderate

approach to reconciliation? Would he support limitedblack suffrage as Lincoln did? Would he follow the

Radical Republicans and be harsh and punitive toward

the South? Johnson believed the Southern states should

decide the course that was best for them. He also felt

that African-Americans were unable to manage theirown lives. He certainly did not think that African-

Americans deserved to vote. At one point in 1866 he

told a group of blacks visiting the White House that they should immigrate to another country.

Johnson's vision of Reconstruction had proved remarkably lenient. Very few Confederate leaders were

persecuted. By 1866, 7,000 Presidential pardons had been granted. Brutal beatings of African-Americans

were frequent. Still-powerful whites sought to subjugate freed slaves via harsh laws that came to beknown as the Black Codes. Some states required written evidence of employment for the coming year or

else the freed slaves would be required to work on plantations (ushistory.org).


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Black CodesBlack Codes was a name given to laws passed by southern governments established during the

presidency of Andrew Johnson. These laws imposed severe restrictions on freed slaves such asprohibiting their right to vote, forbidding them to sit on juries, limiting their right to testify against white

men, carrying weapons in public places and working in certain

occupations. After the American Civil War the Radical Republicans

advocated the passing of the Civil Rights Bill, legislation that

was designed to protect freed slaves from Southern Black Codes

(laws that placed severe restrictions on freed slaves such asprohibiting their right to vote, forbidding them to sit on juries,

limiting their right to testify against white men, carrying

weapons in public places and working in certain occupations).

In April 1866, President Andrew Johnson vetoed the Civil Rights

Bill. Johnson told Thomas C. Fletcher, the governor of Missouri: "This is a country for white men, andby God, as long as I am President, it shall be a government for white men." His views on racial equality

was clearly defined in a letter to Benjamin B. French, the commissioner of public buildings: "Everyone

would, and must admit, that the white race was superior to the black, and that while we ought to do our

best to bring them up to our present level, that, in doing so, we should, at the same time raise our own

intellectual status so that the relative position of the two races would be the same" (Spartacus)


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Jim Crow 1877-1960sJim Crow was the name of the racial caste system which operated primarily, but not exclusively in

southern and Border States, between 1877 and the mid-1960s. Jim Crow was more than a series of rigidanti-black laws. It was a way of life. Under Jim Crow,

African Americans were relegated to the status of

second class citizens. Jim Crow represented the

legitimization of anti-black racism. Many Christian

ministers and theologians taught that whites were the

Chosen people, blacks were cursed to be servants, and Godsupported racial segregation. Craniologists,

eugenicists, phrenologists, and Social Darwinists, at every

educational level, buttressed the belief that blacks were innately intellectually and culturally inferior to

whites. Pro-segregation politicians gave eloquent speeches on the great danger of integration: the

mongrelization of the white race. Newspaper and magazine writers routinely referred to blacks asniggers, coons. The Jim Crow system was undergirded by the following beliefs or rationalizations: whites

were superior to blacks in all important ways, including but not limited to intelligence, morality, and

civilized behavior; sexual relations between blacks and whites would produce a mongrel race which

would destroy America; treating blacks as equals would encourage interracial sexual unions; any activity

which suggested social equality encouraged interracial sexual relations; if necessary, violence must be

used to keep blacks at the bottom of the racial hierarchy (ferris.edu). , . '


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The Civil Rights Act of 1866Civil Rights Act (1866) was passed by Congress on 9th April 1866 over

the veto of President Andrew Johnson. The act declared that allpersons born in the United States were now citizens, without regard to

race, color, or previous condition. As citizens they could make and

enforce contracts, sue and be sued, give evidence in court, and inherit,

purchase, lease, sell, hold, and convey real and personal property.

Persons who denied these rights to former slaves were guilty of a

misdemeanor and upon conviction faced a fine not exceeding $1,000,or imprisonment not exceeding one year, or both. The activities of

organizations such as the Ku Klux Klan undermined the workings of

this act and it failed to guarantee the civil rights of African Americans.

Benjamin Franklin ButlerFebruary of 1871 Massachusetts Representative Benjamin FranklinButler introduced a new piece of federal legislation called the Ku

Klux Klan Act, also commonly referred to as the Civil Rights Act of

1871. This act gave the federal government the legal ability to

intervene whenever people's federal rights were being violated by

their state governments. It would also allow individuals to file suitsagainst state politicians who practiced illegal forms of discrimination.

Article Source: http://EzineArticles.com/1423022


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Enforcement Act of 1870The Enforcement Act of 1870 (Formally, "An Act to enforce the Right of Citizens of the United States

to vote in the several States of this Union, and for other Purposes," 41st Congress, Section. 2, ch. 114,16 Stat. 140, enacted May 31, 1870, effective 1871) was an act

that restricted the first wave of the groups that made up the

Klan. In this act, the government banned the use of

terror, force or bribery to prevent people from voting

because of their race. Other laws banned the KKK entirely.

Hundreds of KKK members were arrested and tried ascommon criminals and terrorists. The first Klan was all

but eradicated within a year of federal prosecution. Sec. 2.

And be it further enacted, that if by or under the authority

of the constitution or laws of any State, or the laws of any

Territory, any act is or shall be required to be done as aprerequisite or qualification for voting, and by such constitution or laws persons or officers are or shall

be charged with the performance of duties in furnishing to citizens an opportunity to perform such

prerequisite, or to become qualified to vote, it shall be the duty of every such person and officer to give

to all citizens of the United States the same and equal opportunity to perform such prerequisite, and to

become qualified to vote without distinction of race, color, or previous condition of servitude; and if any

such person or officer shall refuse or knowingly omit to give full effect to this section, he shall, for everysuch offence, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be

recovered by an action on the case, with full costs, and such allowance for counsel fees as the court shall

deem just, and shall also, for every such offence, be deemed guilty of a misdemeanor, and shall, on

conviction thereof, be fined not less than five hundred dollars, or be imprisoned not less than one

month and not more than one year, or both, at the discretion of the court (Wikipedia).


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Under Color of State Law " " ,

.

,

.

,

, ,

. " ,

, ' ."

. , 313 .. 2, 32 141 (.).

First branch of the Ku Klux KlanThe first branch of the Ku Klux Klan was established in Pulaski, Tennessee, in

May, 1866. A year later a general organization of local Klan was established in

Nashville in April, 1867. Most of the leaders were former members of the

Confederate Army and the first Grand Wizard was Nathan Forrest, an

outstanding general during the American Civil War. During the next two years

Klansmen wearing masks, white cardboard hats and draped in white sheets,tortured and killed black Americans and sympathetic whites. Immigrants, who

they blamed for the election of Radical Republicans, were also targets of their

hatred. Between 1868 and 1870 the Ku Klux Klan played an important role in

restoring white rule in North Carolina, Tennessee and Georgia (Spartacus)


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13THAmendment (Abolition of slavery)Section 1.

Neither slavery nor involuntary servitude, except as a punishmentfor crime whereof the party shall have been duly convicted, shall

exist within the United States, or any place subject to their

jurisdiction.

Section 2.

Congress shall have power to enforce this article by appropriatelegislation.

The 13th AmendmentThe Thirteenth Amendment was passed by the U.S. Senate (which

was dominated by Republicans) on April 8, 1864. However, the

amendment died in the U.S. House of Representatives as Democrats

rallied in the name of states' rights. The presidential election of 1864

brought Lincoln back to the White House along with Republican

majorities in both legislative bodies. On January 31, 1865, the

amendment passed in the U.S. House of Representatives by a vote of

119 to 56, seven votes above the necessary two-thirds majority.Several Democrats abstained, but the 13th Amendment was sent to

the states for ratification, which came on December 6, 1865. With

the passage of the amendment, the peculiar institution that had

indelibly shaped American history was eradicated (history.com).


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14THAmendment (Equal Protection)

All persons born or naturalized in the United States, andsubject to the jurisdiction thereof, are citizens of the United

States and of the state wherein they reside. No state shall

make or enforce any law which shall abridge the privileges

or immunities of citizens of the United States; nor shall any

state deprive any person of life, liberty, or property, without

due process of law; nor deny to any person within its

jurisdiction the equal protection of the laws.

Freed SlavesThe Fourteenth Amendment of the Constitution was passedby both houses on 8th June and the 13th June, 1866. The

amendment was designed to grant citizenship to and protect

the civil liberties of recently freed slaves. It did this by

prohibiting states from denying or abridging the privileges or

immunities of citizens of the United States, depriving any

person of his life, liberty, or property without due process of

law, or denying to any person within their jurisdiction the

equal protection of the laws.


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15THAmendment (Equal Voting Rights)Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by theUnited States or by any state on account of race, color, or previous condition ofservitude.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

Do felons have the right to vote?Every American citizen has the right to vote. The 15thAmendment

has outlawed federal or state lawmakers from passing any laws toabridge or deprive American citizens of his or her Voting Right. In

other words, state lawmakers have no legal authority to enact

legislation that deny or abridge persons voting rights based upon

previous condition of servitude (slavery or imprisonment).


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Do convicted felons have the right to vote?Based upon the 14TH& 15THAmendment as written by Congress every American citizen has the right to

vote regardless of race, color or previous condition of servitude (i.e. slavery or imprisonment). However,the United States Supreme Court and/or State Supreme

Courts Justices have misinterpreted the 14TH&

15THAmendments based upon his or her upbringing

(personal biases). Under color of state law public

officials have unlawfully or unconstitutionally denied

convicted felons equal protection under the law toenjoy and/or exercise his or her voting rights protected

under our United States Constitution. According to

the misinterpretation convicted felons have forfeited his or her American citizenship. If the latter

misinterpretation were true U.S. Immigrations and Customs Enforcement (ICE) would have to deport

him or her to another county, because he or she would be illegally residing in the United States. The

14THAmendment reads No state shall make or enforce any law which shall abridge the privileges or

immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or

property,without due process of law; nor deny to any person within its jurisdiction the equal

protection of the laws. The Judgment Sheet is the official document that stipulates court ordered

sentence imposed upon parties convicted of misdemeanor of felony offenses. If the Judgment Sheet

hasnt stipulated exact orders for law enforcement agencies to revoke citizenship or voting rights, thenpublic officials are acting under color of state law to deny his or her citizenship or voting rights.


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U.S. Immigration and Customs Enforcement

U.S. Immigration and Customs Enforcement is the principal investigative arm of the U.S. Departmentof Homeland Security (DHS). Created in 2003 through a merger of the investigative and interior

enforcement elements of the U.S. Customs Service and the

Immigration and Naturalization Service, ICE now

has more than 20,000 employees in offices in all 50

states and 47 foreign countries. Enforcement and

Removal Operations (ERO) enforces the nation'simmigration laws in a fair and effective manner. It

identifies and apprehends removable aliens, detains these

individuals when necessary and removes illegal aliens from

the United States. This unit prioritizes the apprehension,

arrest and removal of convicted criminals, those whopose a threat to national security, fugitives and recent

border entrants. Individuals seeking asylum also work with

ERO. ERO transports removable aliens from point to point, manages aliens in custody or in an

alternative to detention program, provides access to legal resources and representatives of advocacy

groups and removes individuals from the United States who have been ordered to be deported (ice.gov.


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Brown vs. Board of Education 1954

The case that came to be known as Brown v. Board of Educationwas actually the name given to fiveseparate cases that were heard by the U.S. Supreme Court concerning the issue of segregation in public

schools. These cases were Brown v. Board of Education of Topeka, Briggs v. Elliot, Davis v. Board of Education of

Prince Edward County (VA.), Boiling v. Sharpe,

and Gebhart v. Ethel. While the facts of each

case are different, the main issue in each was

the constitutionality of state-sponsored

segregation in public schools. Once again,

Thurgood Marshall and the NAACP Legal

Defense and Education Fund handled these

cases. Although it acknowledged some of

the plaintiffs claims, a three-judge panel at theU.S. District Court that heard the cases ruled in

favor of the school boards. The plaintiffs

then appealed to the U.S. Supreme Court. When the cases came before the Supreme Court in 1952, the

Court consolidated all five cases under the name of Brown v. Board of Education. Marshall personally

argued the case before the Court. Although he raised a variety of legal issues on appeal, the most

common one was that separate school systems for blacks and whites were inherently unequal, and thus

violate the "equal protection clause" of the Fourteenth Amendment to the U.S. Constitution.

Furthermore, relying on sociological tests, such as the one performed by social scientist Kenneth Clark,

and other data, he also argued that segregated school systems had a tendency to make black children feel

inferior to white children, and thus such a system should not be legally permissible (uscourts.gov).


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Rosa Parks 1955 ArrestRosa Parks (1913-2005) is one of the most enduring symbols of the tumultuous civil rights era of the

mid-twentieth century. Her 1955 arrest in Montgomery for refusing to give up her bus seat to a white

man sparked the Montgomery Bus Boycott and set in motion a

chain of events that resulted in ground-breaking civil rights

legislation and helped to bring Martin Luther King Jr. to the

forefront as the movement's leader. Parks continued to work for

civil rights causes during her entire life and was awarded the

nation's highest honors for her role in the movement. Rosa LouiseMcCauley was born in Tuskegee on February 4, 1913, to James

McCauley, a carpenter and stonemason, and Leona Edwards, a

teacher. She spent much of her childhood living with her maternal

grandparents in Pine Level, a small town in southeast Montgomery

County. There she began her education in an all-black school with

a single teacher serving all fifty students. In 1924 the 11-year-old McCauley enrolled in the Montgomery

Industrial School for Girls, which offered a vocational curriculum of cooking, sewing, and housekeeping

under the instruction of northern whites. Family illnesses forced McCauley to quit school at age sixteen,

when she began cleaning houses for white people and taking in sewing. At age 20, she married Raymond

Parks, a barber from Wedowee, Randolph County, and together they made a modest living. In the early

1940s, Parks became active in the Montgomery chapter of the National Association for theAdvancement of Colored People (NAACP), serving as its secretary and teaching young people about

their rights and responsibilities as U.S. citizens (encyclopediaofalabama.org).


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Civil Rights Act of 1957On September 9, 1957, President Dwight D. Eisenhower signed into law the Civil Rights Act of 1957.

Originally proposed by Attorney General Herbert

Brownell, the Act marked the first occasion since

Reconstruction that the federal government undertook

significant legislative action to protect civil rights. Although

influential southern congressman whittled down

the bills initial scope, it still included a number of

important provisions for the protection of voting rights. Itestablished the Civil Rights Division in the Justice

Department, and empowered federal officials to prosecute

individuals that conspired to deny or abridge another

citizens right to vote. Moreover, it also created a six-

member U.S. Civil Rights Commission charged with

investigating allegations of voter infringement. But,

perhaps most importantly, the Civil Rights Act of 1957 signaled a growing federal commitment to the

cause of civil rights (Civil Rights Digital Library).


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Civil Rights Act of 1964The Civil Rights Act of 1964 was born in the presidency of John F Kennedy who was elected president

in 1960. His support of civil rights issues in previous years had been patchy - he had opposed

Eisenhowers 1957 Act to keep in with the

Democrats hierarchy as he had plans to run

for president as well as Johnson. Kennedys

assassination shocked the world. His vice-

president - Lyndon Johnson - suddenly

found himself sworn in as president on AirForce One. Johnson had done what he

politically needed to do to stop the full

implementation of the 1957Civil Rights Act,

but despite the fact he was a Texan, he

realized that a major civil rights act was needed to advance African Americans within USA society. He

also used the shock of Kennedys murder to push forward the 1964 Civil Rights Act, part of what he

was to term his vision for America - the "Great Society". By January 1964, public opinion had started to

change - 68% now supported a meaningful civil rights act. President Johnson signed the 1964 Civil

Rights Act in July of that year. It gave federal government the right to end segregation in the South it

prohibited segregation in public places. A public place was anywhere that received any form of federal

(tax) funding (most places). This stopped lawyers homing in on the private places issue. This act tried tocover every aspect that some lawyer might use to avoid implementing this act.an Equal Employment

Commission was createdfederal funding would not be given to segregated schools (note that these had

been banned in 1954, ten years previous!)any company that wanted federal business (the biggest

spender of money in American business) had to have a pro-civil rights charter. Any segregationist

company that applied for a federal contact would not get it (historylearningsite.co.uk).


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Voter Registration Act of 1965President Lyndon B. Johnson made civil rights one of his administration's top priorities, using his

formidable political skills to pass the Twenty-Fourth Amendment, which outlawed poll taxes, in 1964.

Now, a week after "Bloody Sunday" in Selma, Johnson gave a televised speech before Congress in which

he denounced the assault. Two days later, the

President sent the Voting Rights bill to Congress.

The resolution, signed into law on August 6, 1965,

empowered the federal government to oversee

voter registration and elections in counties thathad used tests to determine voter eligibility or where

registration or turnout had been less than 50 percent in

the 1964 presidential election. It also banned

discriminatory literacy tests and expanded voting rights

for non-English speaking Americans. The law's

effects were wide and powerful. By 1968, nearly

60 percent of eligible African Americans were registered to vote in Mississippi, and other southern states

showed similar improvement. Between 1965 and 1990, the number of black state legislators and

members of Congress rose from two to 160. The Voting Rights Act was extended in 1970, 1975, and

1982. Some key provisions are scheduled to expire in 2007. Despite some setbacks and debates, the

Voting Rights Act had an enormous impact. It re-enfranchised black southerners, helping elect AfricanAmericans at the local, state, and national levels (Core).members of Congress rose from two to 160.


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Tennessee General Assembly(a) Legislative Intent

The cardinal rule of statutory construction is to effectuate legislative intent, with all rules of constructionbeing aides to that end. Therefore, it is presumed that every word in a statute has meaning and purpose

and should be given full effect if the legislatures intent is not violated by doing so. A courts obligation

is simply to enforce the written language.

Tennessee v. Layman, 214 S.W. 3d 442 (Tenn. 2007); In re C.K.G., 173 S.W.3d 714 (Tenn. 2005);Abels ex

rel. Hunt v. Genie Indus., Inc., 202 S.W.3d 99 (Tenn. 2006).(b) Ambiguity

Only when a statute is ambiguous should a court look to the entire statutory framework, the history of

the legislation, or other sources to ascertain legislative intent and purpose. Courts must presume that the

legislature was aware of and considered its prior enactments and the state of the law at the time the

legislature passed the legislation. If a phrase is found to be ambiguous, then the entire statutoryframework, the legislative history, and any other sources from which the legislative intent and purpose

can be derived may be considered. In resolving a statutory ambiguity, courts may consider "matters

beyond the text of the statute being construed," public policy, earlier versions of the statute, the caption

of the act, and "historical facts preceding or contemporaneous with the enactment being construed";

provided, however, no matter how illuminating non-codified external sources may be, a court cannot

provide a basis from departing from clear statutory provisions (captitol.tn.gov).


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Tennessee Supreme CourtsInterpretation based upon upbringing

TCA 39-17-309 Civil Rights Intimidation subsection (a) has defined the intent of the general assembly forenacting said legislation. The general assembly has made it a Class D felony offense for anyone to violatesubsection (b). Likewise the general assembly has made it amisdemeanor for anyone to wear mask or be disguised withintent to violate subsection (b). There are four (4) paragraphs

listed that detail criminal infractions that may be litigatedin criminal courts. It may appear that each item isduplicate of the other. There is a distinction made betweenenjoyments vs. exercise. The law is covering either situation.Tennessee District Courts have allowed settlements ofCivil Rights cases in civil court. However, the State Attorney

General or District Attorney General should have litigatedCivil Rights infractions in criminal court on behalf of plaintiffs prior to obtaining Civil Rights settlements.Civil Rights infractions havent been treated as criminal cases, because Tennessee Supreme Court hasinterpreted constitutionality of Civil Rights cases based upon upbringing, rather than the law same asSupreme Court Justice Roger B. Taney had done with the United States Supreme Court. Justice Taneyhad disregarded the Slave Trade Act of 1807. The latter has become a pattern or practice of the SupremeCourt (Federal or State) to render interpretations based upon ones upbringing. Whereas, interpretationof TCA 39-17-309 Civil Rights Intimidation should be based upon the intent of the Tennessee GeneralAssembly as stated in subsection (a). The latter will enable Tennessee Supreme Court uphold the law.


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Excessive Force

Police brutality or murderPolice brutality is a term used to describe any excessive and unnecessary physical force, assault, or verbal

abuse used by law enforcement when dealing with the public. The United States Code, the laws that

govern the day to day running of the country,

states that any person working under the

authority of a state law enforcement body whoviolates the civil rights of anyone in the U.S. is

liable to pay for any damages they cause.

There are some widely known cases of police

brutality, but there are thousands more that

never receive nationwide media

attention. Any time a police officer abuses his

or her authority and inflicts undue suffering

on any person it is an affront to not only the

victim of the pain, but to society as a whole.

The people we depend on to protect us from

criminal aggressors should never become theaggressors themselves (copbrutality.com).


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Internal Affairs (Law Enforcement)The internal affairsdivision of a law enforcement agency investigates

incidents and plausible suspicions of law breaking and professional

misconduct attributed to officers on the force. In different systems,

internal affairs can go by another name such as "Internal Investigations

Division" (usually referred to as 'IID'), "professional standards,"

"inspectorate general", Office of Professional Responsibility or similar.

Non-internal affairs officers often derisively refer to the departments as

the "rat squad". Several police departments in the USA have beencompelled to institute civilian review or investigation of police

misconduct complaints in response to community perception that internal

affairs investigations are biased in favor of police officers (Wikipedia).

Civil Rights DivisionThe Civil Rights Division of the Department of Justice, created in 1957 bythe enactment of the Civil Rights Act of 1957, works to uphold the civil

and constitutional rights of all Americans, particularly some of the most

vulnerable members of our society. The Division enforces federal statutes

prohibiting discrimination on the basis of race, color, sex, disability,

religion, familial status and national origin.The Divisionenforces the Civil

Rights Acts; the Voting Rights Act; the Equal Credit Opportunity Act; the

Americans with Disabilities Act; the National Voter Registration Act; the

Uniformed and Overseas Citizens Absentee Voting Act; the Voting

Accessibility for the Elderly and Handicapped Act employment, credit,

housing, public accommodations and facilities, voting, and certain

federally funded and conducted programs (Justice.gov).

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