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U.S. Constitution
See other U.S. Constitution Articles

Title: Deprivation of rights under color of law
Source: [None]
URL Source: [None]
Published: Sep 1, 2011
Author: U.S. Code
Post Date: 2011-09-01 21:55:22 by A K A Stone
Keywords: None
Views: 2265
Comments: 4

TITLE 18 PART I CHAPTER 13 – § 242

Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


Poster Comment:

Found this as a comment somewhere I was reading

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#1. To: A K A Stone (#0)

14th Amendment, Section 1:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The 14th Amdt requires equal protection of the law to any person. That phrasing encompasses citizen and non-citizen alike. Corporations are considered persons too!

14th Amendment, Section 5:

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

I do believe you found the enforcement legislation.

http://law.justia.com/codes/us/2010/title18/parti/chapter13/section242/

2010 US Code
Title 18 Crimes and Criminal Procedure
PART I —CRIMES (§§ 1—2725)
CHAPTER 13 —CIVIL RIGHTS (§§ 241—249)
§ 242. Deprivation of rights under color of law

http://tvwiki.tv/wiki/Santa_Clara_County_v._Southern_Pacific_Railroad

Some historians have speculated that the reason Chief Justice Waite may have declined to hear arguments regarding the personhood status of corporations is because he may have been convinced that this was the original intent of Congress when drafting the amendment through testimony by Roscoe Conkling during the San Mateo County v. Southern Pacific Railroad case of 1882. Roscoe Conkling was one of the authors of the Fourteenth Amendment and he claimed that members of congress were careful to use the word "person" rather than "citizen" when writing the Fourteenth Amendment so that corporations could be included in the definition. As evidence, he read from a secret journal that was written during the drafting process. However, in 1932, a Stanford law librarian, Howard Graham discovered that the entries read during Conkling's testimony differed from the entries in the secret journal. He concluded that Roscoe Conkling, who was working for the railroad industry at the time of his testimony before the Supreme Court, purposely mislead the court with his testimony in order to grant corporations the same constitutional rights as natural persons. Eight detailed publications by Graham about the topic were compiled and republished as Everyman's Constitution in 1968.

nolu chan  posted on  2011-09-02   0:32:31 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#2. To: nolu chan (#1)

I was hoping you would chime in on this. You always have something to offer that is enlightening.

Do you have anything else interesting about this Roscoe Conkling? Did you just learn about him or have you heard of him before?

A K A Stone  posted on  2011-09-02 00:39:48 ET  Reply   Untrace   Trace   Private Reply  


#3. To: nolu chan (#1) (Edited)

use the word "person" rather than "citizen" when writing the Fourteenth Amendment so that corporations could be included in the definition

Corporations being considered persons and privileged ones at that, is one of my pet peeves. I believe that the special person status afforded corporations, violates the Constitution's prohibition against "Titles of Nobility". The board of directors is deemed to have special privileges and immunities not recognized for regular citizens.

Hondo68  posted on  2011-09-02 01:11:33 ET  Reply   Untrace   Trace   Private Reply  


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