United States v. Guest
Encyclopedia
United States v. Guest 383 U.S. 745 (1966) is a United States Supreme Court opinion, authored by Justice Potter Stewart, in which the court extended the protection of the 14th Amendment to citizens who suffer rights deprivations at the hands of private conspiracies, where there is minimal state participation in the conspiracy. The Court also held that there is Constitutional
right to travel from state to state.
Justice Stewart, writing for the majority, held that "there now can be no doubt that the specific language of §5 empowers the Congress to enact laws punishing all conspiracies - with or without state action - that interfere with 14th Amendment rights," wrote Justice Tom C. Clark
in a concurring opinion. Justice Hugo Black
and Justice Abe Fortas
joined Clark's concurrence. Both opinions assume generally that 14th amendment rights are rights against the states, according to Stanford University
Prof. Kathleen Sullivan
's textbook Constitutional Law, 16th Edition.
, an African-American reserve officer who was returning from active duty to Washington, D.C.
, where he was a school teacher. He was travelling north with several friends in a car when he was shot on a bridge, just nine days after the Civil Rights Act of 1964
passed.
The murder happened in Madison County, Georgia
, and the alleged killers were charged but acquitted there by an all-white jury. The federal indictment in question arose after the acquittal. In District Court, the six defendants successfully "moved to dismiss the indictment on the ground that it did not charge an offense under the laws of the United States," according to the case. The Supreme Court reversed.
The argument revolved around whether or not Congress intended to apply equal protection rights of the 14th Amendment to citizens deprived of said rights on public facilities—i.e. roads and bridges or interstate commerce facilities—by private actors with the collusion of public actors, in this case police who responded to the murderers false reports that Penn and his cohorts had committed crimes.
. The Court held that it could.
, Chief Justice Earl Warren
and Justice William O. Douglas
concurred in part and dissented in part.
Brennan wrote: "(I) believe that §241 reaches such a private conspiracy, not because the 14th Amendment of its own force prohibits such a conspiracy, but because §241, as an exercise of congressional power under §5 of that Amendment, prohibits all conspiracies to interfere with the exercise of a 'right (secured) by the Constitution.'"
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
right to travel from state to state.
Justice Stewart, writing for the majority, held that "there now can be no doubt that the specific language of §5 empowers the Congress to enact laws punishing all conspiracies - with or without state action - that interfere with 14th Amendment rights," wrote Justice Tom C. Clark
Tom C. Clark
Thomas Campbell Clark was United States Attorney General from 1945 to 1949 and an Associate Justice of the Supreme Court of the United States .- Early life and career :...
in a concurring opinion. Justice Hugo Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
and Justice Abe Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
joined Clark's concurrence. Both opinions assume generally that 14th amendment rights are rights against the states, according to Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
Prof. Kathleen Sullivan
Kathleen Sullivan
Kathleen Marie Sullivan is a professor at the Stanford Law School and name partner at Quinn Emanuel Urquhart & Sullivan, a litigation-only law firm with offices in California, New York, Silicon Valley, Chicago, San Francisco, Germany, London, and Tokyo where she chairs their national appellate...
's textbook Constitutional Law, 16th Edition.
Background
The case arose out of the killing of Lemuel PennLemuel Penn
Lt. Col. Lemuel Augustus Penn was a decorated veteran of World War II and a United States Army Reserve officer who was murdered by members of the Ku Klux Klan in 1964, nine days after passage of the Civil Rights Act.Of African American descent, Lemuel Penn joined the Army Reserve from Howard...
, an African-American reserve officer who was returning from active duty to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, where he was a school teacher. He was travelling north with several friends in a car when he was shot on a bridge, just nine days after the Civil Rights Act of 1964
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
passed.
The murder happened in Madison County, Georgia
Madison County, Georgia
Madison County is a county located in the U.S. state of Georgia. It was created on December 5, 1811. As of 2000, the population was 25,730. The 2007 Census Estimate shows a population of 28,012. The county seat is Danielsville....
, and the alleged killers were charged but acquitted there by an all-white jury. The federal indictment in question arose after the acquittal. In District Court, the six defendants successfully "moved to dismiss the indictment on the ground that it did not charge an offense under the laws of the United States," according to the case. The Supreme Court reversed.
The argument revolved around whether or not Congress intended to apply equal protection rights of the 14th Amendment to citizens deprived of said rights on public facilities—i.e. roads and bridges or interstate commerce facilities—by private actors with the collusion of public actors, in this case police who responded to the murderers false reports that Penn and his cohorts had committed crimes.
Opinion of the Court
The question was whether or not 18 U.S.C. §241 of the Criminal Code could be applied to protect the rights of equal protection and due process secured by the Fourteenth Amendment to the United States ConstitutionFourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The Court held that it could.
Concurrence/dissents
Justice William BrennanWilliam J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
, Chief Justice Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
and Justice William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
concurred in part and dissented in part.
Brennan wrote: "(I) believe that §241 reaches such a private conspiracy, not because the 14th Amendment of its own force prohibits such a conspiracy, but because §241, as an exercise of congressional power under §5 of that Amendment, prohibits all conspiracies to interfere with the exercise of a 'right (secured) by the Constitution.'"