United States v. Harris

This article is about the 1883 U.S. Supreme Court case about the Equal Protection clause. For the 1991 7th Circuit case, see United States v. Harris (1991). Not to be confused with 1954 case about lobbying regulation, United States v. Harriss.

United States v. Harris
Supreme Court of the United States
Decided January 22, 1883
Full case name	United States v. R. G. Harris, et al.
Citations	106 U.S. 629 (more) 1 S. Ct. 601; 27 L. Ed. 290; 1882 U.S. LEXIS 1595
Holding
Local governments, not the federal government, have the power to penalize crimes such as assault and murder.
Court membership
Chief Justice Morrison Waite Associate Justices Samuel F. Miller · Stephen J. Field Joseph P. Bradley · John M. Harlan William B. Woods · Stanley Matthews Horace Gray · Samuel Blatchford
Case opinions
Majority	Woods, joined by Waite, Miller, Field, Bradley, Mathews, Gray, Blatchford
Dissent	Harlan (on the question of jurisdiction; no opinion on the merits)
Laws applied
U.S. Const. Amend. XIV Section 2 of the Third Enforcement Act

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. 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

• List of United States Supreme Court cases, volume 106
• United States v. Morrison

Further reading

• Divine, Robert A.; et al. (2005). The American Story. New York: Pearson Education. p. 413. ISBN 978-0-321-18313-2.
• Lawrence, Frederick M. (1993). "Civil rights and criminal wrongs: The mens rea of Federal civil rights crimes". Tulane Law Review. 67: 2113–2229.

External links

• Text of United States v. Harris, 106 U.S. 629 (1883) is available from: CourtListener Justia Library of Congress OpenJurist