Report to President’s Committee on Civil Rights, Federal Criminal Jurisdiction Over Violations of Civil Rights

This is a report to the President’s Committee on Civil Rights.

Extracted text

OCR Page 1 of 27
January 15, 1947 RECORTS To: President's Committee on Civil Rights the TEDERAL CRIMINAL JURISDICTION OVER VIOLATIONS OF CIVIL RIGHTS "Civil rights" is not a technical legal term, but a phrase of popular currency applied somewhat indiscriminately to a miscellaneous group of rights, interests and situations. Typical "civil rights" cases involve such varied matters as freedom of speech, press, assembly and ballot; and unreasonable searches and seizures; religious freedom; censorship of the arts; racial, labor, pacifist, and alien rights. Per- haps their one common characteristic is a tendency to give rise to charges, well or ill-founded, of conduct offensive to moral or political ideals stated or suggested in the Constitution. It is usually not difficult to cite something in the Constitution that sounds as though it bears on a given "civil liberties" problem, be it "due process of law," "equal pro- tection of the laws," "freedom of speech, " or "cruel and unusual punish- ments. 11 It is this invocation of the Constitution which ives the prhase "civil rights" its peculiar force. Hopeful complainants are too often unaware that the underlying conception of the Federal Government as one of delegated powers operat- ing against a background of reserved States' rights leaves the Tederal Constitution largely unconcerned with the social and governmental situa- tions which give rise to civil liberties problems. The label "civil rights" sometimes raises but never answers the question whether a par- ticular situation comes within the protection of the Constitution and the Federal laws. Its use herein will therefore be purely descriptive, referring to the miscellaneous group of situations roughly covered in the list stated above There is no law of civil liberties as such. N5.188