Thread: S.C. perpetuates a “depravation of rights under color of law” in Texas lawsuit

For the Supreme Court to not hear the Texas BILL OF COMPLAINT and rule on its merits is to willfully engage in a deprivation of rights under color of law, because the Supreme Court has original jurisdiction in the matter.

I would hope our Supreme Court comes to its senses and abides by "the rule of law", which in this case guarantees federal protection against election corruption which begins with the Supreme Court hearing the case.

But see United States v. Classic (1941)

“Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a state to cast their ballots and have them counted at Congressional elections. This Court has consistently held that this is a right secured by the Constitution. Ex parte Yarbrough, supra; Wiley v. Sinkler, supra; Swafford v. Templeton, supra; United States v. Mosley, supra; see Ex parte Siebold, supra; In re Coy, 127 U.S. 731 , 8 S.Ct. 1263; Logan v. United States, 144 U.S. 263 , 12 S.Ct. 617. And since the constitutional command is without restriction or limitation, the right unlike those guaranteed by the Fourteenth and Fifteenth Amendments, is secured against the action of individuals as well as of states. Ex parte Yarbrough, supra; Logan v. United States, supra.”

Also see Mr. Justice DOUGLAS, dissenting in the same case:

“Free and honest elections are the very foundation of our republican form of government. Hence any attempt to defile the sanctity of the ballot cannot be viewed with equanimity. As stated by Mr. Justice Miller in Ex parte Yarbrough (The Ku-Klux Cases), 110 U.S. 651, 666 , 4 S.Ct. 152, 159, 'the temptations to control these elections by violence and by corruption' have been a constant source of danger in the history of all republics. The acts here charged, if proven, are of a kind which carries that threat and are highly offensive. Since they corrupt the process of Congressional elections, they transcend mere local concern and extend a contaminating influence into the national domain.”

JWK

As nightfall does not come at once, neither does oppression. In both instances there is a twilight where everything remains seemingly unchanged. And it is in such twilight that we all must be aware of change in the air - however slight - lest we become unwitting victims of darkness.___Supreme Court Justice William Douglas

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Also see Federal Prosecution of Election Offenses e.g.:Page 37


2. Deprivation of Rights under Color of Law: 18 U.S.C. § 242


Section 242, also enacted as a post-Civil War statute, makes it unlawful for anyone acting under color of law, statute, ordinance, regulation, or custom to willfully deprive a person of any right, privilege, or immunity secured or protected by the Constitution or laws of the United States. Violations are one-year misdemeanors unless bodily injury occurs, in which case the penalty is ten years, unless death results, in which case the penalty is imprisonment for any term of years or for life, or a sentence of death. Prosecutions under Section 242 need not show the existence of a conspiracy. However, the defendants must have acted illegally “under color of law,” i.e., the case must involve a public scheme, as discussed above. This element does not require that the defendant be a de jure officer or a government official; it is sufficient if he or she jointly acted with state agents in committing the offense, United States v. Price, 383 U.S. 787 (1966), or if his or her actions were made possible by the fact that they were clothed with the authority of state law, Williams v. United States, 341 U.S. 97 (1951); United States v. Classic, 313 U.S. 299 (1941). Because a Section 242 violation can be a substantive offense for election fraud conspiracies prosecutable under Section 241, the cases cited in the discussion of Section 241 that involve public schemes (i.e., those involving misconduct under color of law) apply to Section 242.




JWK

“Until you realize how easy it is for your mind to be manipulated, you remain the puppet of someone else’s game.” ― Evita Ochel