United States v. Harris
{{hatnote group|
{{about|the 1883 U.S. Supreme Court case about the Equal Protection clause|the 1991 7th Circuit case|United States v. Harris (1991){{!}}United States v. Harris (1991)}}
{{distinguish|text=1954 case about lobbying regulation, United States v. Harriss}}
}}
{{Use mdy dates|date=September 2023}}
{{Infobox SCOTUS case
| Litigants = United States v. Harris
| ArgueDate =
| ArgueYear =
| DecideDate = January 22
| DecideYear = 1883
| FullName = United States v. R. G. Harris, et al.
| USVol = 106
| USPage = 629
| ParallelCitations = 1 S. Ct. 601; 27 L. Ed. 290; 1882 U.S. LEXIS 1595
| Prior =
| Subsequent =
| Holding = Local governments, not the federal government, have the power to penalize crimes such as assault and murder.
| Majority = Woods
| JoinMajority = Waite, Miller, Field, Bradley, Mathews, Gray, Blatchford
| Concurrence =
| JoinConcurrence =
| Concurrence2 =
| JoinConcurrence2 =
| Concurrence/Dissent =
| JoinConcurrence/Dissent =
| Dissent = Harlan (on jurisdiction alone)
| JoinDissent =
| Dissent2 =
| JoinDissent2 =
| LawsApplied = U.S. Const. Amend. XIV
Section 2 of the Third Enforcement Act
}}
{{wikisource|United States v. Harris (106 U.S. 629)|United States v. Harris}}
United States v. Harris, 106 U.S. 629 (1883), or the Ku Klux Case, was a case in which the US Supreme Court held that it was unconstitutional for the federal government to penalize crimes such as assault and murder in most circumstances.{{ussc|name=United States v. Harris|106|629|1883}}. The Court declared that only state governments have the power to penalize those crimes.
In the specific case, four men were removed from a Crockett County, Tennessee, jail by a group led by Sheriff R. G. Harris and 19 others. The four men were beaten, and one was killed. A deputy sheriff tried to prevent the act but failed.
Section 2 of the Force Act of 1871 was declared unconstitutional on the theory that an Act to enforce the Equal Protection Clause applied only to state actions, not individuals' actions.
See also
References
{{Reflist}}
Further reading
- {{cite book |title=The American Story |last=Divine |first=Robert A. |year=2005 |publisher=Pearson Education |location=New York |isbn=978-0-321-18313-2 |page=[https://archive.org/details/americanstory02divi/page/413 413] |display-authors=etal |url=https://archive.org/details/americanstory02divi/page/413 }}
- {{cite journal |last=Lawrence |first=Frederick M. |year=1993 |title=Civil rights and criminal wrongs: The mens rea of Federal civil rights crimes |journal=Tulane Law Review |volume=67 |pages=2113–2229 }}
External links
- {{caselaw source
| case = United States v. Harris, {{ussc|106|629|1883|el=no}}
| courtlistener =https://www.courtlistener.com/opinion/90728/united-states-v-harris/
| justia =https://supreme.justia.com/cases/federal/us/106/629/
| loc =http://cdn.loc.gov/service/ll/usrep/usrep106/usrep106629/usrep106629.pdf
| openjurist =https://openjurist.org/106/us/629
}}
Category:United States Supreme Court cases
Category:United States Supreme Court cases of the Waite Court
Category:Criminal cases in the Waite Court
Category:United States equal protection case law
Category:1883 in United States case law
Category:Legal history of Tennessee
Category:Crockett County, Tennessee
{{SCOTUS-Waite-stub}}