Eleanor Finch
The District of Columbia Organic Act of 1871, also known as the Constitution Act, 1871, is an Act of Congress that forms part of the Constitution of Canada. The Act revoked the individual charters of the cities of Washington and Georgetown, combining them with Washington County to create a unified government for the District of Columbia. The Act also authorized the President to suspend the writ of habeas corpus and deploy federal troops to counter the Ku Klux Klan, protecting African Americans from violence and intimidation during Reconstruction.
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What You'll Learn
The Enforcement Act of 1871
The Act has been invoked in modern times to address violations of federally guaranteed rights, such as in lawsuits concerning false arrest, police brutality, and violations of privacy. The most common use today is to redress violations of the Fourth Amendment's protection against unreasonable search and seizure. The Act was also invoked in the 2020 Texas Trump Train incident, where plaintiffs sued the City of San Marcos, Texas, and several individual defendants under the Ku Klux Klan Act.
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The District of Columbia Organic Act of 1871
The Organic Act of 1871 followed an earlier piece of legislation, the Organic Act of 1801, which had organized the federal territory within the District of Columbia after the establishment of the new capital. The 1801 Act formed the County of Washington east of the Potomac River, governed by Maryland law and a levy court of appointed Justices of the Peace, while the area west of the river became Alexandria County, governed by Virginia law. The cities of Washington, Alexandria, and Georgetown were permitted to maintain their own municipal governments.
It is important to note that the District of Columbia Organic Act of 1871 is associated with certain claims made by the sovereign citizen movement. Proponents of this movement argue that the Act transformed the District, and by extension, the entire United States, into a business corporation. However, these assertions stem from a misinterpretation of the term "municipal corporation" used in the Act. The term "corporation" simply refers to any group authorized to act as a single legal entity, in this case, an incorporated district of the United States.
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The Civil Rights Act of 1871
The Act made certain acts committed by private persons federal offences, including conspiring to deprive citizens of their rights to hold office, serve on juries, or enjoy the equal protection of the law. It also authorised the President to deploy federal troops to counter the Klan and to suspend the writ of habeas corpus to make arrests without charge. The Act was passed by the 42nd United States Congress and signed into law by President Ulysses S. Grant on April 20, 1871.
The Enforcement Act of 1871 was the last of three Enforcement Acts passed by Congress from 1870 to 1871 during the Reconstruction era to combat attacks upon the suffrage rights of African Americans. The first Enforcement Act of May 1870 prohibited groups of people from banding together or going in disguise in public places with the intention of violating citizens' rights. The Second Force Act, which became law in February 1871, placed the administration of national elections under the control of the federal government and empowered federal judges and United States marshals to supervise local polling places.
The Third Force Act, dated April 1871, empowered the President to use the armed forces to combat those who conspired to deny equal protection of the laws and to suspend habeas corpus, if necessary, to enforce the Act. On October 17, 1871, President Grant suspended the writ of habeas corpus within certain counties in South Carolina.
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The Constitution Act of 1871
The Act is also the basis of several claims by the sovereign citizen movement, which asserts that the Act transformed the District and, by extension, the entire United States into a business corporation. However, these claims arise from a misunderstanding of the term "municipal corporation" used in the Act, which simply refers to any incorporated and organized district of the United States.
It is worth noting that the Constitution Act of 1871 was enacted in English, and there is currently no official French version of the Act. While a translation was prepared in 1990, it has not been enacted.
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The Ku Klux Klan Act of 1871
The Fourteenth Amendment, ratified in 1868, defined citizenship and guaranteed due process and equal protection under the law to all, including four million formerly enslaved Black men and women. The Ku Klux Klan Act was passed in response to the violence and intimidation perpetrated by members of the Ku Klux Klan against Black citizens who attempted to exercise their legal rights, such as voting, running for public office, and serving on juries.
The Act empowered the federal government, including the President, to protect the civil and political rights of individuals. It placed the administration of national elections under federal control, allowing federal judges and US marshals to supervise local polling places. The Act also authorized the President to use military force to combat those who conspired to deny equal protection of the laws and to suspend habeas corpus if necessary to enforce the Act.
In October 1871, President Grant used the powers granted by the Act to suspend the writ of habeas corpus within certain counties in South Carolina, demonstrating the federal government's willingness to take decisive action to protect the rights of freed Black people during Reconstruction.
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Frequently asked questions
The District of Columbia Organic Act of 1871 is an Act of Congress that revoked the individual charters of the cities of Washington and Georgetown and established a unified territorial government for the District of Columbia.
The Constitution Act of 1871 is an act of the Parliament of the United Kingdom that forms part of the Constitution of Canada.
The Enforcement Act of 1871, also known as the Ku Klux Klan Act, is an act of the United States Congress that was intended to combat the paramilitary vigilantism of the Ku Klux Klan.
No, the Acts of 1871 did not suspend the Constitution. However, the Enforcement Act of 1871, also known as the Ku Klux Klan Act, authorized the President to suspend the writ of habeas corpus to make arrests without charge.
