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Ku Klux Klan Act of 1871


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Ku Klux Klan Act of 1871
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Ku Klux Klan Act of 1871 2
The KKK has been known throughout history as an organization that instills fear through
their white supremacy ideology. Congress replayed to helpless cries of suppressed Americans by
implementing a formidable tool referred to as Ku Klux Klan Act of 1871 in an effort to instill the
US Constitutional values into in an attempt to thwart such discriminating criminal acts.
Throughout history deviant human behaviors and cultural ideologies have manifested crimes of
hate as well as abuse and neglect from their counterparts within law enforcements. Crimes of
hate warrant the attention of the United States Congress as will the abuse of conduct by those
acting under color of state.
Positive Change
In a time of corruptive law enforcement practices in conjunction with homegrown
terrorist groups, congress passed the Ku Klux Klan Act of 1871 to address the disparities and
deviant criminal behaviors in which the “KKK” was instilling within their communities though
the protection of law enforcement officers. Such criminal acts, stemming from their historical
ideology, included pillaging, murdering, and terrorizing freed slaves were beginning to take
notice and the United States responding in order to protect their citizens. Additionally, the Ku
Klux Klan Act of 1871 created a formidable presences and generated productive amendments as
the history of equality took center stage.
KKK members were effectively become intertwined into the very fabric of law
enforcement during the era of terror and hate. Under such authority the power of the KKK had a
tight grip on societal fear as KKK officers overlooked their organizations divan criminal acts. Ku
Klux Klan Act of 1871, also known as the Civil Rights Act of 1871 of the Force Act of 1871 was
intended on protecting the black community in an era of slavery and hatred. Acting under Color

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Ku Klux Klan Act of 1871 3
of State was also redefined through the Civil Rights Act or Ku Klux Klan Act of 1871 in which
officer misconduct for operation outside the scope of their authority. It also held that the state
could not be liable for the conduct of these officers; officers of the state could be financially
responsible and accountable for their conduct if it is determined by a judge.
Section 1983
42 U.S.C. § Section 1983 designed to create civil remedies for those in the south during a
time period of segregation, addressing the protection practices that were to be developed by law
enforcement, and implementing resources that will ensure officer accountability. By far one of
the largest contributions is the creation of the act itself which has become the foundation of what
has become “common law.” It has also given relief to those that have been victims from both
organizations such as the KKK as well as officers that abuse the privilege and power of acting
under the authority of the state/s.
One primary example of this historical tool was developed and interpreted by the US
Supreme courts in the case of Monroe v. Pape. Historically referred to as a turning point in law
enforcement practices, officers can now be held financially without state punitive damages. This
case redefined the separated role between color of state and the role in which states are held
responsible for official conduct without authority. This allowed effected human to file suits
within the state paying for the officers inflicted and conflicted practices. According to the dissent
that was offered, “misuse of power by virtue of state law and made possible only because the
wrongdoer is clothed with the authority of state law is action taken “under color of” state law
within the meaning of § 1979” (Monroe v. Pape, 1961).
In addition to offering the public civil remedies for officer misconduct, this act also
redefined some of the previous interpretation inherent to the Due Process Clause. Through the

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