Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Were Federal anti-lynching laws legal? (Vanity)

Posted on 08/30/2012 7:47:40 AM PDT by JerseyanExile

1. Yes, the Federal government had the power to protect those whose constitutional rights had been infringed

2. No, the Federal government overstepped its boundary and infringed on the sovereignty of the states

3. I'm not sure


TOPICS: History
KEYWORDS: antilynching; federalism; lynching
Alright, the title is a bit misleading - no Federal anti-lynching laws were enacted. There were numerous attempts, and one, the Dyer Bill, managed to pass in the House, only to be stonewalled in the Senate by the Southern states.

But I'm a bit interested to see what people here think. Were the laws proposed legal? This is something of an informal poll, so please begin a post with the number of your choice.

1 posted on 08/30/2012 7:47:43 AM PDT by JerseyanExile
[ Post Reply | Private Reply | View Replies]

To: JerseyanExile

7


2 posted on 08/30/2012 7:50:39 AM PDT by tx_eggman (Liberalism is only possible in that moment when a man chooses Barabas over Christ.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JerseyanExile; Admin Moderator

sniff ...


3 posted on 08/30/2012 7:54:01 AM PDT by Servant of the Cross (the Truth will set you free)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JerseyanExile

Yes. Individual rights trump State powers. One individual right is you can’t be deprived of life, liberty, or property without due process of law.


4 posted on 08/30/2012 7:56:14 AM PDT by mnehring
[ Post Reply | Private Reply | To 1 | View Replies]

To: JerseyanExile

Are you worried about something?


5 posted on 08/30/2012 7:58:22 AM PDT by VeniVidiVici (Congrats to Ted Kennedy! He's been sober for two years now!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JerseyanExile
Well the issue wasn't lynching being illegal or not, lynching was murder and was already punishable by scores of state and federal law. The problem was getting anybody to investigate, then a getting prosecutor to prosecute, not to mention getting witnesses to testify and a jury who would convict. As for a federal anti-lynching law being constitutional or not, the Supreme Court has pretty much decided that most federal laws of that nature such as “hate crime” laws are constitutional so I would say yes (whether that is what the founders actually intended or not was another story.)
6 posted on 08/30/2012 8:16:45 AM PDT by apillar
[ Post Reply | Private Reply | To 1 | View Replies]

To: mnehring

Name one crime that is not an act against someone’s rights. The Federal encroachment into what should be a state level crime is part of what has driven us to the state we now find ourselves. We must not let the feds take over everything.


7 posted on 08/30/2012 8:34:49 AM PDT by Ratman83
[ Post Reply | Private Reply | To 4 | View Replies]

To: Ratman83

It isnt that the crime itself is a violation of rights but when the crime is sanctioned by the State that the federal level has the responsibility to protect the individual from the states encroachment on their rights.


8 posted on 08/30/2012 8:38:35 AM PDT by mnehring
[ Post Reply | Private Reply | To 7 | View Replies]

To: JerseyanExile

The equal - protection clause was originally specially meant to mandate federal intervention if States declined to protect classes of people from violence.


9 posted on 08/30/2012 8:58:02 AM PDT by SauronOfMordor (this space for rent)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mnehring

So pass a law that addresses the crime by the state and not a law for a crime that is not the responsibility of the feds. Do not add more power to the feds.


10 posted on 08/30/2012 9:13:43 AM PDT by Ratman83
[ Post Reply | Private Reply | To 8 | View Replies]

To: JerseyanExile

When a person feels the hemp tightening around their neck rights and jurisdictions become a moot point.


11 posted on 08/30/2012 10:14:45 AM PDT by count-your-change (You don't have to be brilliant, not being stupid is enough.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JerseyanExile
Iran's on the brink of developing a nuke...there's a real possibility that Osama Obama will be able to steal this election...and you're worried about anti-lynching laws?

Yikes!

12 posted on 08/30/2012 10:20:58 AM PDT by Gay State Conservative (Voter ID Equals "No Representation Without Respiration")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Ratman83
So pass a law that addresses the crime by the state and not a law for a crime that is not the responsibility of the feds. Do not add more power to the feds.

That might be hard to do, if the people being lynched are the individuals who get noticed, as the people trying to get it to the ballot box.

13 posted on 08/30/2012 5:11:54 PM PDT by ansel12
[ Post Reply | Private Reply | To 10 | View Replies]

To: ansel12; mnehring

mnehring was advocating that the feds should pass laws for lynching because the state was supporting the lynching. I stated that we should not give the feds that much power and we should limit the law to only the state action. The feds have too many laws already and they are encroaching into the state and local level all time. We need to limit the feds reduce government and laws at the fed level or our republic will continue to fail.


14 posted on 08/31/2012 4:55:00 AM PDT by Ratman83
[ Post Reply | Private Reply | To 13 | View Replies]

To: Ratman83

I still don’t get you, if California starts lynching conservative opposition, it is a state issue?


15 posted on 08/31/2012 10:17:57 AM PDT by ansel12 ( Aug. 27, 2012-Mitt Romney said his views on abortion are more lenient than the Republican Platform)
[ Post Reply | Private Reply | To 14 | View Replies]

To: JerseyanExile

Alright, looks like support was strongly in favor of such laws, which was about what I expected. You see, I made an analogy to anti-lynching laws to a pro-abortion co-worker, when defending the legality of federal anti-abortion legislation. Same principle really, that of the individual being deprived of life without due process. He and I got into it a bit on the “state’s rights” argument that was raised historically, and eventually we had a wager on it. Looks like I won.


16 posted on 08/31/2012 4:06:42 PM PDT by JerseyanExile
[ Post Reply | Private Reply | To 1 | View Replies]

To: ansel12

Murder is a state issue unless it is a federal official engaged in the performance of the duties of their office. Allowing the feds to be able to be the trial court for any murder means that we do not have to have any state courts because the feds have jurisdiction over all crime. Eric Holder then can only prosecute only those whom he deems worthy of his time and effort. Otherwise known as whites need not apply, just take the punishment from a just society. Why would you want to give more power to the feds? How would giving this power to the feds make us more free?


17 posted on 09/04/2012 5:10:28 AM PDT by Ratman83
[ Post Reply | Private Reply | To 15 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson