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The Federal government possesses a "residual power" to punish gross violations of civil rights by the states, and must exercise this power if it is to maintain its leadership of the free world, Zechariah Chafee, University Professor emeritus, told a Baltimore audience yesterday.
Speaking at Morgan State College's second annual Bill of Rights Day exercises, he outlined a compromise program of Federal legislation to provide for "serious breakdowns" in state systems of safeguards of civil rights.
Chafee said he did not advocate laws that would destroy "out long-cherished ideal of responsible states operating within a national framework," and that "chief reliance must be placed upon communities where violations of human rights are in danger of taking place."
He added, however, that "events are moving too fast in the international community to allow for the glacier-like speed with which protection of some important human rights has been developing in some states."
A Workable Program
A program of "national protection that will really work," Chafee said, includes "at least" three types of laws:
1) A completely new Civil Rights Act to punish state officials who "outrageously" mistreat persons under arrest.
2) A new statute giving federal authorities the power to "protect foreigners against mob violence, and making participation in such violence a federal crime."
3) An amendment to the Lindbergh Kidnapping law, punishing, but not with death, those responsible for mass deportations across state lines.
Not Inactive Forever
The power to enact such laws, Chafee said, comes mainly from the Fourteenth Amendment, but also from some provisions of the original Constitution.
Congress will not be inactive forever, he said. "It may take a good many years," but "Congress does respond to public opinion."
"I have enough faith in democracy," Chafee added, "to believe that public opinion will eventually be influenced by the continuous search for what is best in human relations."
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