Summary

Portrait of Abe Fortas Abe Fortas United States v. Price (383 U.S. 787…

We are here concerned with allegations which squarely and indisputably involve state action in direct violation of the mandate of the Fourteenth Amendment-that no State shall deprive any person of life or liberty without due process of law. This is a direct, traditional concern of the Federal Government. It is an area in which the federal interest has existed for at least a century, and in which federal participation has intensified as part of a renewed emphasis upon civil rights.
Source: Wikisource

Portrait of Abe Fortas Abe Fortas United States v. Price (383 U.S. 787…

Justice Holmes, that the history of the events from which § 241 emerged illuminates the purpose and means of the statute with an unmistakable light. We think that history leaves no doubt that, if we are to give § 241 the scope that its origins dictate, we must accord it a sweep as broad as its language. We are not at liberty to seek ingenious analytical instruments for excluding from its general language the Due Process Clause of the Fourteenth Amendment-particularly since the violent denial of legal process was one of the reasons motivating enactment of the section.
Source: Wikisource

Portrait of Abe Fortas Abe Fortas United States v. Price (383 U.S. 787…

Justice Frankfurter. He did so, however, for an entirely different reason-that the prosecution was barred by res judicata-and he expressed no view on the issue whether '§ 241, as applied, is too vague and uncertain in scope to be consistent with the Fifth Amendment.' Williams I thus left the proper construction of § 241, as regards its applicability to protect Fourteenth Amendment rights, an open question.
Source: Wikisource

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