By: Joel Stephen Mattson
Understanding the Color of Law – What It Really Means
When we think of law enforcement, we often envision officers and government agents wielding legitimate legal authority. However, there are instances where what seems like law is actually color of law — a concept crucial for understanding many constitutional violations.
What is Color of Law?
Color of law refers to actions taken under the appearance or pretense of legal authority that are, in fact, unlawful. Government officials, including law enforcement, may act under color of law when they exceed their legal powers or violate constitutional rights while seeming to act within their legal bounds. The term is most often associated with police misconduct and civil rights violations.
Constitutional Quotes on Invalid Laws
The U.S. Constitution is clear on the authority of the law and what constitutes valid laws. Invalid laws, those not in alignment with the Constitution, are not only unconstitutional but also lack legal force. The following constitutional quotes are key to understanding why certain laws are invalid under color of law:
- “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.”
— Article VI, Clause 2 (Supremacy Clause)- This clause establishes the Constitution as the supreme law of the land. Any law that conflicts with the Constitution is invalid.
Why Invalid Laws Don’t Hold Weight
- This clause establishes the Constitution as the supreme law of the land. Any law that conflicts with the Constitution is invalid.
- “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
— 14th Amendment, Section 1- This section guarantees that no state can enforce laws that infringe upon the basic rights of its citizens. Laws violating the Constitution, including those under color of law, cannot stand.
How the 14th Amendment Protects Your Rights
- This section guarantees that no state can enforce laws that infringe upon the basic rights of its citizens. Laws violating the Constitution, including those under color of law, cannot stand.
- “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
— Fourth Amendment- Any government action under color of law that violates a person’s rights to security, such as an unlawful search or seizure, is unconstitutional.
Fourth Amendment: Your Rights Against Unreasonable Searches
- Any government action under color of law that violates a person’s rights to security, such as an unlawful search or seizure, is unconstitutional.
- “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
— First Amendment- Any law or action by government officials that suppresses the exercise of First Amendment rights, even if disguised under color of law, is unconstitutional and invalid.
First Amendment Violations and How to Fight Back
- Any law or action by government officials that suppresses the exercise of First Amendment rights, even if disguised under color of law, is unconstitutional and invalid.
Legal Precedents and Case Law on Color of Law
Numerous U.S. Supreme Court cases have helped define color of law and how it applies to civil rights violations:
- Screws v. United States (1945)
In Screws v. United States, the Supreme Court ruled that law enforcement officers could be held criminally liable for actions taken under color of law that violate an individual’s constitutional rights. This landmark case emphasized that officials cannot shield themselves behind the supposed authority of their position when violating constitutional protections.
Screws v. United States – Civil Rights Violations Under Color of Law - United States v. Classic (1941)
United States v. Classic involved a case of voter fraud in which election officials violated voters’ rights. The Court found that officials who misuse their office and authority, even in a non-police capacity, can still be held accountable for acting under color of law. This case reinforces the concept that color of law applies to various forms of governmental abuse, not just police misconduct.
Voter Fraud and Color of Law - 42 U.S.C. § 1983 – Civil Rights Violations
Section 1983 provides a remedy for individuals whose constitutional rights have been violated by government officials acting under color of law. This statute allows victims of civil rights violations, such as false arrest, excessive force, and unconstitutional searches, to sue government agents who exceed their legal authority.
Filing a Section 1983 Lawsuit – Your Guide to Civil Rights Remedies
Examples of Color of Law Violations
- Excessive Force by Law Enforcement
Law enforcement officers who use excessive force during an arrest may be acting under color of law. While their uniforms and badges lend the appearance of legitimacy, their actions might violate an individual’s constitutional rights. Case law like Tennessee v. Garner (1985) set important precedents regarding the use of deadly force, reaffirming that law enforcement cannot act beyond what is necessary or reasonable under the Fourth Amendment.
Excessive Force and Fourth Amendment Violations - False Arrest and False Imprisonment
Officers who arrest individuals without probable cause or a valid warrant are acting under color of law. In Devenpeck v. Alford (2004), the Supreme Court ruled that even if an arrest is later deemed wrongful, the officer may still be immune from liability unless it is shown that their actions violated a clear constitutional right.
False Arrest – Understanding Your Rights and Remedies - Violation of First Amendment Rights
Government officials, including police officers, may sometimes violate individuals’ First Amendment rights by preventing them from peacefully assembling or expressing their views. In Pickering v. Board of Education (1968), the Court reaffirmed that government officials cannot suppress free speech or peaceful assembly without violating constitutional principles, even if their actions appear to be taken under legal authority.
First Amendment Violations and Color of Law
Color of Law in the Context of Police Misconduct
Despite legal prohibitions against color of law violations, police misconduct continues to be a significant issue. The power of law enforcement officers, when misused, can have devastating consequences for individuals’ rights. In cases like Monell v. Department of Social Services (1978), the Court clarified that local governments could be held liable for constitutional violations committed by their employees acting under color of law.
Police Misconduct and Government Liability
The Problem with Color of Law in Today’s Legal System
Color of law violations are unfortunately still prevalent today, particularly in cases involving police misconduct, unlawful detainment, and abuse of power. Officers who are trained to enforce state codes and statutes may unknowingly or deliberately enforce laws that violate constitutional protections. This is compounded by a lack of widespread understanding of the Constitution within law enforcement agencies and a systemic failure to hold officials accountable for color of law violations.
Fighting Back Against Color of Law Violations
Recognizing color of law violations is critical in holding government officials accountable. Victims of color of law abuses can pursue remedies under Section 1983 and other civil rights laws. These legal tools provide avenues for challenging unlawful actions and ensuring that justice is served.
Conclusion
Color of law is a powerful tool that government officials may misuse to infringe upon individual constitutional rights. By understanding the concept, reviewing relevant case law, and knowing how to challenge these violations in court, citizens can defend their rights against abuse and overreach. Federal courts, particularly through Section 1983 claims, offer the best opportunity to pursue justice for color of law violations and hold government officials accountable for their unlawful actions.
Related Articles:
- Why Invalid Laws Don’t Hold Weight
- How the 14th Amendment Protects Your Rights
- Fourth Amendment: Your Rights Against Unreasonable Searches
- First Amendment Violations and How to Fight Back
- Screws v. United States – Civil Rights Violations Under Color of Law
- Voter Fraud and Color of Law
- Filing a Section 1983 Lawsuit – Your Guide to Civil Rights Remedies
- Excessive Force and Fourth Amendment Violations
- False Arrest – Understanding Your Rights and Remedies
- First Amendment Violations and Color of Law
- Police Misconduct and Government Liability