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ARGUMENT: THE SELF-EXECUTING MANDATE OF 1866

The Civil Rights Act of 1866 is a mandatory command. Sections 4 and 5 remove all “prosecutorial discretion” by imposing $1,000 fines on federal officers for “acts of omission.” Section 9 grants the President the authority to use the land and naval forces to ensure the Act is executed. Federal silence in the face of rights violations—such as the attempt to narrow birthright citizenship—is a violation of the “Constitutional Genius” of 1866.

ARGUMENT: THE SELF-EXECUTING MANDATE OF 1866

The Civil Rights Act of 1866 is a mandatory command. Sections 4 and 5 remove all “prosecutorial discretion” by imposing $1,000 fines on federal officers for “acts of omission.” Section 9 grants the President the authority to use the land and naval forces to ensure the Act is executed. Federal silence in the face of rights violations—such as the attempt to narrow birthright citizenship—is a violation of the “Constitutional Genius” of 1866.