Speech #670327762

That conclusion is reached by different processes of reasoning and by reliance on different provisions of the Constitution. but whatever process of reasoning is adopted or whatever provisions of the Constitution are relied on. we hold that the proposed legislation is " appropriate legislation " to cure or prevent the evil of lynching wherever in the United States and subject to the jurisdiction thereof that evil exists or is committed. The learning of Senators. of course. will direct their minds to that section of the Constitution or that portion of the fourteenth amendiluent which speaks of " appropriate legislation." that provision which gives to Congress the power by "appropriate legislation " to carry out the purposes of that great amendment. The committee proceeds: White or black. "all persons born or naturalized in the United States and subject to -the jurisdiction thereof are citizens of the United States." and no State mayAnd I would arrest the attention of the Senate to these immediate wordsand no State may by affirmative legislative. judicial. or executive action. or by failure. neglect or refusal to act. deprive any person of life. liberty. or property without due process of law. or deny to any person within its jurisdiction the equal protection of the laws. The committee undertook to express this thought in that paragraph of the report: The inhibition in the fourteenth amendment running against the several States was. first. as against any affirmative legislative. judicial. or executive action which should deprive any person of life or liberty or property without due process of law. The committee undertook also to state the proposition that the amendmient was broad enough and was intended to operate upon a given State and prevent that State. by its failure or its neglect or its refusal to act. from depriving any person of life. liberty. or property without due process of law. or from denying t(. any person within its jurisdiction the equal protection of the laws.