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Author: Michal R. Belknap Publisher: University of Georgia Press ISBN: 9780820317359 Category : Social Science Languages : en Pages : 438
Book Description
Federal Law and Southern Order, first published in 1987, examines the factors behind the federal government's long delay in responding to racial violence during the 1950s and 1960s. The book also reveals that it was apprehension of a militant minority of white racists that ultimately spurred acquiescent state and local officials in the South to protect blacks and others involved in civil rights activities. By tracing patterns of violent racial crimes and probing the federal government's persistent failure to punish those who committed the crimes, Michal R. Belknap tells how and why judges, presidents, members of Congress, and even Justice Department and Federal Bureau of Investigation officials accepted the South's insistence that federalism precluded any national interference in southern law enforcement. Lulled into complacency by the soothing rationalization of federalism, Washington for too long remained a bystander while the Ku Klux Klan and others used violence to sabotage the civil rights movement, Belknap demonstrates. In the foreword to this paperback edition, Belknap examines how other scholars, in works published after Federal Law and Southern Order, have treated issues related to federal efforts to curb racial violence. He also explores how incidents of racial violence since the 1960s have been addressed by the state legal systems of the South and discusses the significance for the contemporary South of congressional legislation enacted during the 1960s to suppress racially motivated murders, beatings, and intimidation.
Author: Michal R. Belknap Publisher: University of Georgia Press ISBN: 9780820317359 Category : Social Science Languages : en Pages : 438
Book Description
Federal Law and Southern Order, first published in 1987, examines the factors behind the federal government's long delay in responding to racial violence during the 1950s and 1960s. The book also reveals that it was apprehension of a militant minority of white racists that ultimately spurred acquiescent state and local officials in the South to protect blacks and others involved in civil rights activities. By tracing patterns of violent racial crimes and probing the federal government's persistent failure to punish those who committed the crimes, Michal R. Belknap tells how and why judges, presidents, members of Congress, and even Justice Department and Federal Bureau of Investigation officials accepted the South's insistence that federalism precluded any national interference in southern law enforcement. Lulled into complacency by the soothing rationalization of federalism, Washington for too long remained a bystander while the Ku Klux Klan and others used violence to sabotage the civil rights movement, Belknap demonstrates. In the foreword to this paperback edition, Belknap examines how other scholars, in works published after Federal Law and Southern Order, have treated issues related to federal efforts to curb racial violence. He also explores how incidents of racial violence since the 1960s have been addressed by the state legal systems of the South and discusses the significance for the contemporary South of congressional legislation enacted during the 1960s to suppress racially motivated murders, beatings, and intimidation.
Author: Lou Falkner Williams Publisher: University of Georgia Press ISBN: 0820326593 Category : Social Science Languages : en Pages : 225
Book Description
It is remarkable that the most serious intervention by the federal government to protect the rights of its new African American citizens during Reconstruction (and well beyond) has not, until now, received systematic scholarly study. In The Great South Carolina Ku Klux Klan Trials, Lou Falkner Williams presents a comprehensive account of the events following the Klan uprising in the South Carolina piedmont in the Reconstruction era. It is a gripping story--one that helps us better understand the limits of constitutional change in post-Civil War America and the failure of Reconstruction. The South Carolina Klan trials represent the culmination of the federal government's most substantial effort during Reconstruction to stop white violence and provide personal security for African Americans. Federal interventions, suspension of habeas corpus in nine counties, widespread undercover investigations, and highly publicized trials resulting in the conviction of several Klansmen are all detailed in Williams's study. When the trials began, the Supreme Court had yet to interpret the Fourteenth Amendment and the Enforcement Acts. Thus the fourth federal circuit court became a forum for constitutional experimentation as the prosecution and defense squared off to present their opposing views. The fate of the individual Klansmen was almost incidental to the larger constitutional issues in these celebrated trials. It was the federal judge's devotion to state-centered federalism--not a lack of concern for the Klan's victims--that kept them from embracing constitutional doctrine that would have fundamentally altered the nature of the Union. Placing the Klan trials in the context of postemancipation race relations, Williams shows that the Klan's campaign of terror in the upcountry reflected white determination to preserve prewar racial and social standards. Her analysis of Klan violence against women breaks new ground, revealing that white women were attacked to preserve traditional southern sexual mores, while crimes against black women were designed primarily to demonstrate white male supremacy. Well-written, cogently argued, and clearly presented, this comprehensive account of the Klan uprising in the South Carolina piedmont in the late 1860s and early 1870s makes a significant contribution to the history of Reconstruction and race relations in the United States.
Author: Roger William Haines Publisher: ISBN: 9780615462141 Category : Exterritoriality Languages : en Pages : 346
Book Description
A treatise on the law of federal enclaves, i.e., United States exclusive legislative jurisdiction over special territorial areas within the States, such as military bases, courthouses, national forests, and national parks. The book also discusses the Supremacy Clause,the Assimilative Crimes Act, the Posse Comitatus Act, wage and hour laws and right to work laws.
Author: United States Commission on Civil Rights Publisher: ISBN: Category : African Americans Languages : en Pages : 210
Book Description
"The report presents and analyzes information concerning discriminatory law enforcement practices in several southern communities. This information was obtained by the Commission from extensive investigations in 1964 and a public hearing held in Jackson, Mississippi, in February 1965. The Commission has found that too often those responsible for local law enforcement have failed to provide equal protection of the laws to persons attempting to exercise rights guaranteed to them by the Constitution and the laws of the United States"--Page iii.
Author: James T. O'Reilly Publisher: American Bar Association ISBN: 9781590317440 Category : Law Languages : en Pages : 252
Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: Johnny Dwyer Publisher: Knopf ISBN: 1101946547 Category : Biography & Autobiography Languages : en Pages : 369
Book Description
An unprecedented plunge into New York City's federal court system that gives us a revelatory picture of how our justice system, and the pursuit of justice, really works. A young Italian Mafioso helps get rid of a body in Queens. In Manhattan, a hedge fund portfolio manager misrepresents his company's assets to investors. At JFK International Airport, a college student returns from Jamaica with cocaine stuffed in the handle of her suitcase. These are just a few of the stories that come to life in this comprehensive look at the Southern District Court in Manhattan, and the Eastern District Court in Brooklyn--the two federal courts tasked with maintaining order in New York City. Johnny Dwyer takes us not just into the courtrooms but into the lives of those who enter through its doors: the judges and attorneys, prosecutors and defendants, winners and losers. He examines crimes we've read about in the papers or seen in movies and on television--organized crime, terrorism, drug trafficking, corruption, and white-collar crime--and weaves in the nuances that rarely make it into headlines. Brimming with detail and drama, The Districts illuminates the meaning of intent, of reasonable doubt, of deception, and--perhaps most important of all--of justice.
Author: Peter Charles Hoffer Publisher: Oxford University Press ISBN: 0199387907 Category : Law Languages : en Pages : 561
Book Description
There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."
Author: Thomas E. Woods, Jr. Publisher: Regnery Publishing ISBN: 1596981490 Category : Political Science Languages : en Pages : 322
Book Description
Asserts that nullification is the constitutional remedy envisioned by the nation's founders to be used to resist Federal power. Presents documents showing the rationale used by States in historic debates.
Author: Michal R. Belknap
Author: Michal R. Belknap
Author: Lou Falkner Williams
Author: Pauli Murray
Author: Roger William Haines
Author: Leon Friedman
Author: United States Commission on Civil Rights
Author: James T. O'Reilly
Author: Johnny Dwyer
Author: Peter Charles Hoffer
Author: Thomas E. Woods, Jr.