STEP 6: BRIEF I — THE MANDATORY ENFORCEMENT ENGINE (Sections 1–9)

STEP 6: BRIEF I — THE MANDATORY ENFORCEMENT ENGINE (Sections 1-9)

I. THE “GENIUS” OF THE STATUTORY DESIGN The Civil Rights Act of 1866 was designed by the 39th Congress to be a self-executing engine of justice. It does not wait for a victim to sue; it commands the Federal Government to move on its own authority.

II. SECTION 2: THE CRIMINAL TEETH Section 2 is the punitive heart of the Act. It states that any person who, under “color of law,” subjects any inhabitant to the deprivation of rights secured by the Act shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment.

Legal Argument: This means that when federal or state officials engage in “repressive acts of omission”—failing to protect the liberated—they are not merely being inefficient; they are committing a federal offense as defined by the “Constitutional Genius” of 1866.

III. SECTIONS 4 & 5: MANDATORY ACTION VS. DISCRETION Congress removed “prosecutorial discretion” through Sections 4 and 5:

• Section 4: Explicitly commands District Attorneys, Marshals, and Deputy Marshals to “institute proceedings” against every person who shall violate the provisions of the Act.

• Section 5: Imposes a $1,000 fine directly upon any Marshal or Deputy Marshal who “shall refuse to receive such warrant… or shall fail to perform the duties above described.”

Legal Argument: The law does not say the DOJ “may” act; it says they “shall” act or face a thousand-dollar penalty. This proves the enforcement of these rights is a non-discretionary duty.

IV. SECTION 9: THE COMMANDER-IN-CHIEF’S SWORD The 39th Congress gave the President the ultimate tool to ensure these rights were “maintained.” Section 9 authorizes the President:

“…to use such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation and enforce the due execution of this act.”

Legal Argument: This military authority, combined with the Freedmen’s Bureau (placed under the War Department and the President’s direct jurisdiction), created a physical infrastructure of liberty. The President has a unique, military-grade obligation to “recognize and maintain” the freedom of the Beneficiaries.

V. CONCLUSION The “Enforcement Engine” of 1866 proves that the Federal Government is currently in a state of statutory default. By refusing to utilize the tools in Sections 2, 5, and 9, the Executive Branch is violating the very Law of the Land it is sworn to uphold.