OPINION: The Ku Klux Klan Act of 1871

The Ku Klux Klan Act of 1871, the third and most potent of the Force Acts, was passed at Grant’s specific request. This law made it a federal crime for individuals to conspire to deprive citizens of their constitutional rights.

Crucially, the Klan Act empowered Grant to suspend the writ of habeas corpus and deploy the U.S. military to suppress insurrections. He did not hesitate to use this authority, famously declaring martial law in nine South Carolina counties in October 1871, sending in federal troops, and arresting hundreds of Klansmen.

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