118th CONGRESS

1st Session

 

 

 

H. RES. 480

 

                 Dissolving the Klu Klux Klan and making white supremacy unlawful by classifying and designating the Klu Klux Klan as a terrorist organization.

 

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES

 

January 9, 2023

 

Sponsored & Introduced By: Rep. Ian A. Medina (D-FL)

 

RESOLUTION

Dissolving the Klu Klux Klan and making white supremacy unlawful by classifying and designating the Klu Klux Klan as a terrorist organization.

WHEREAS, members of the Klu Klux Klan, because they believe that free speech is equivalent to violence, have used threats of violence in the pursuit of suppressing opposing political ideologies; and

 

WHEREAS, the Klu Klux Klan does not represent the view of the majority of Americans in their white supremacist ideology that is in opposition to the democratic ideals of peaceful assembly and free speech for all; and

 

WHEREAS, members of the Klu Klux Klan have historically and without hindrance physically assaulted, kidnapped, tortured and murdered Americans and other individuals in the United States; and

 

WHEREAS, members of the Klu Klux Klan in the 1951 Christmas Eve bombing of the home of National Association for the Advancement of Colored People (NAACP) activists Harry and Harriette Moore in Mims, Florida, resulting in their deaths; and

 

WHEREAS, members of the Klu Klux Klan committed heinous murder in the 1957 murder of Willie Edwards Jr., who was forced by Klansmen to jump to his death from a bridge into the Alabama River; and

WHEREAS, members of the Klu Klux Klan committed the 1963 assassination of NAACP organizer Medgar Evers in Mississippi. In 1994, former Ku Klux Klansman Byron De La Beckwith was convicted of murder; and

WHEREAS, members of the Klu Klux Klan committed the 16th Street Baptist Church bombing in September 1963 in Birmingham, Alabama, which killed four African-American girls and injured 22 people. The perpetrators were Klan members Robert Chambliss, convicted in 1977, Thomas Edwin Blanton Jr. and Bobby Frank Cherry, convicted in 2001 and 2002. The fourth suspect, Herman Cash, died before he was indicted; and

WHEREAS, members of the Klu Klux Klan committed the 1964 murders of Chaney, Goodman, and Schwerner, three civil rights workers, in Mississippi. In June 2005, Klan member Edgar Ray Killen was convicted of manslaughter; and

WHEREAS, members of the Klu Klux Klan committed the 1964 murder of two black teenagers, Henry Hezekiah Dee and Charles Eddie Moore in Mississippi. In August 2007, based on the confession of Klansman Charles Marcus Edwards, James Ford Seale, a reputed Ku Klux Klansman, was convicted. Seale was sentenced to serve three life sentences. Seale was a former Mississippi policeman and sheriff's deputy; and

WHEREAS, members of the Klu Klux Klan committed the 1965 Alabama murder of Viola Liuzzo. She was a Southern-raised Detroit mother of five who was visiting the state in order to attend a civil rights march. At the time of her murder, Liuzzo was transporting Civil Rights marchers related to the Selma to Montgomery March; and

WHEREAS, members of the Klu Klux Klan committed the 1966 firebombing death of NAACP leader Vernon Dahmer, Sr., 58, in Mississippi. In 1998 former Ku Klux Klan wizard Samuel Bowers was convicted of his murder and sentenced to life. Two other Klan members were indicted with Bowers, but one died before trial and the other's indictment was dismissed; and

WHEREAS, members of the Klu Klux Klan committed the murder of Clarence Triggs In July 1966, in Bogalusa, Louisiana, a stronghold of Klan activity; and

WHEREAS, members of the Klu Klux Klan the 1967 multiple bombings in Jackson, Mississippi, of the residence of a Methodist activist, Robert Kochtitzky, the synagogue, and the residence of Rabbi Perry Nussbaum. These were carried out by Klan member Thomas Albert Tarrants III, who was convicted in 1968. Another Klan bombing was averted in Meridian the same year; and

WHEREAS, the Klu Klux Klan constitutes a dangerous, hate-filled, white supremacist organization seeking to systematically and unsystematically oppress, marginalize, discriminate and physically eradicate White American democrats, Hispanic/Latino Americans, African American/Black Americans, Middle Eastern Americans, Muslim Americans, Jewish Americans, immigrant Americans, Asian Americans, Catholic Americans, Native Americans; and

WHEREAS, recognition of the Klu Klux Klan’s legitimacy as a valid institution in the United States of America is antagonistic of well-settled and originalist principles in the Constitution of the United States of America, its statutes and treatises; and

WHEREAS, the United States of America is a sovereign nation of immigrants and diversity and there is no place for violence, hatred, oppression, marginalization, discrimination and physical violence in the civil society of the United States of America.

 

NOW, THEREFORE, BE IT RESOLVED, THAT THE UNITED STATES HOUSE OF REPRESENTATIVES---

 

  1. calls for the individuals, groups and organizations in the entire United States of America and its territories who act and are incorporated, whether officially or unofficially, as the Klu Klux Klan to be designated as a terrorist organization under American law; and

  2. unequivocally condemns the violent and non-violent actions of the Klu Klux Klan as unacceptable and unlawful acts for anyone in the United States of America; and

  3. expresses the necessity for dissolution of the Klu Klux Klan in the best societal and best national security interests of local government, county government, state government, federal government and global government, as well as private enterprise, commerce and business; and

  4. establishes peace in the expression of ideas, communications, speech, actions and behaviors of political groups in the United States of America and its sovereign governments at the local, county, state, federal and global level; and

  5. mandates that any individual, group and/or organization in the United States of America voice opinion without using violence or threatening the health, safety, or well-being of any other persons and/or groups in the United States of America; and

  6. eradicates the freedom of speech and freedom of assembly of individuals and groups comprising the Klu Klux Klan as hate speech and speech inciting violence that is not protected speech under the First Amendment of the Constitution of the United States of America, its statutes and treaties; and

  7. calls to other branches of the Federal Government of the United States of America to enforce this ban on white supremacy by prosecuting and adjudicating any case or controversy arising in violation of this legislation in a court of law. 

 

100.1 RESERVATION OF RIGHTS, PRIVILEGES, IMMUNITIES AND BENEFITS

 

The legislation reserves all rights, privileges, immunities and benefits available at law to the Congress of the United States of America. No rights, privileges, immunities and/or benefits not expressly conferred by this legislation shall vest onto any individual and/or group, neither actually and/or constructively. 

 

100.2 LEGISLATIVE IMMUNITY

 

Any cases and/or controversies in any branch of all levels of federal government arising from this legislation are barred by the Speech or Debate Clause of the Constitution of the United States of America. U.S. Const. art. I, § 6, c. 1 (2023). 

 

100.3 FEDERAL PREEMPTION

 

This legislation hereby preempts the states and any cases/controversies arising in state government is preempted by the Supremacy Clause of the Constitution of the United States of America. U.S. Const. art. VI, c. 2 (2023). 

 

100.4 REPEAL OF OLD, PREVIOUS LEGISLATION

 

Any state and/or federal legislation contrary to this legislation are hereby repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the old, previous legislation that is in full force and effect. 

 

100.5 ANTAGONISTIC JURISPRUDENCE

 

Any antagonistic jurisprudence contrary to this legislation is hereby rendered moot, repealed, disused, voided and rendered invalid. Thus, this legislation shall replace the antagonistic jurisprudence that is in full force and effect.

 

100.6. SUBSEQUENT LEGISLATION

 

Any subsequent legislation, except a duly made amendment to this legislation by concurrence of a majority of each chamber of Congress, is of no valid force and effect. 

 

100.7. SUBSEQUENT JURISPRUDENCE

 

Any subsequent jurisprudence and/or cause of action repealing this legislation is barred by political question doctrine. U.S. Const. art. III, § 2, c. 1 (2023).  

 

       WHEREFORE, by majority vote of each chamber of the United States Congress assembled, this legislation be enacted and signed into law by President Joseph R. Biden in Washington, D.C., in the United States of America and be enforced against the people under our sovereignty. 

 

Sponsored & Introduced By Rep. Ian A. Medina (D-FL): 01/09/2023

Passes The U.S. House:

Passes The U.S. Senate:

Signed Into Law By President Joseph R. Biden: