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Story
June 19, 1949
Atlanta Daily World
Atlanta, Fulton County, Georgia
What is this article about?
Attorney General Clark affirms the Celler bill's constitutionality despite Supreme Court precedents limiting the Fourteenth Amendment to state actions, suggesting broader bases like treaty powers and foreign relations for punishing individual lynching.
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CONSTITUTIONALITY SEEN
Mr. Clark
also said he
was
thoroughly satisfied" that the Celler
bill as drawn is constitutional."
Discussing its constitutionality, the
Attorney General conceded that
there is a line of United States Su-
preme Court decisions holding that
the Fourteenth Amendment "relate
to and is a limitation or prohibition
upon state action and not upon act
of private individuals."
After citing several of such cases,
Mr. Clark said:
These decisions
have
created
doubt as to the validity of a pro-
vision making persons as individuals
punishable for the crime of lynch-
ing.
"However," without entering here
upon a discussion of whether or not
these decisions are controlling or
possess present-day validity in this
connection, it may be pointed out
that such a provision punishing per-
sons as individuals need not rest
solely upon the Fourteenth Amend-
ment
"Upon proper congressional find-
ings of the nature set forth in H. R.
4683 (the Celler bill), the constitutio-
nal basis for this bill would include
the power to protect all rights flow-
ing from the Constitution and laws
of the United States, the law
of
nations, the treaty powers under the
United Nations Charter, the power
to conduct foreign relations and the
power to secure to the states a re-
publican
form of government,
as
well as the Fourteenth Amendment."
Mr. Clark
also said he
was
thoroughly satisfied" that the Celler
bill as drawn is constitutional."
Discussing its constitutionality, the
Attorney General conceded that
there is a line of United States Su-
preme Court decisions holding that
the Fourteenth Amendment "relate
to and is a limitation or prohibition
upon state action and not upon act
of private individuals."
After citing several of such cases,
Mr. Clark said:
These decisions
have
created
doubt as to the validity of a pro-
vision making persons as individuals
punishable for the crime of lynch-
ing.
"However," without entering here
upon a discussion of whether or not
these decisions are controlling or
possess present-day validity in this
connection, it may be pointed out
that such a provision punishing per-
sons as individuals need not rest
solely upon the Fourteenth Amend-
ment
"Upon proper congressional find-
ings of the nature set forth in H. R.
4683 (the Celler bill), the constitutio-
nal basis for this bill would include
the power to protect all rights flow-
ing from the Constitution and laws
of the United States, the law
of
nations, the treaty powers under the
United Nations Charter, the power
to conduct foreign relations and the
power to secure to the states a re-
publican
form of government,
as
well as the Fourteenth Amendment."
What sub-type of article is it?
Historical Event
What themes does it cover?
Justice
Crime Punishment
What keywords are associated?
Celler Bill
Constitutionality
Lynching
Fourteenth Amendment
Attorney General Clark
What entities or persons were involved?
Mr. Clark
Story Details
Key Persons
Mr. Clark
Story Details
Attorney General Clark expresses satisfaction with the constitutionality of the Celler bill, discussing Supreme Court decisions on the Fourteenth Amendment and alternative constitutional bases including treaty powers and foreign relations.