Criminal laws for individuals based on Constitutional rights was not the issue. If a government entity passes a law which violates a Constitutional Amendment that law would be challenged directly as a violation of whatever Amendment that was involved by the courts interpretation of the Constitution. Individuals are charged under laws which are set up to protect individual rights from civilian abuse and not directly to the Amendment.
The civil rights ACTS including specifically the KKK one give us the right to sue anybody government or otherwise that violates out protected rights. This is how the KKK was taken down.