This is now a favorite phrase of SovCits (Sovereign Citizens, Nationals, Moorish or whatever they decide to call themselves nowadays). “Operating under color of law” is how they describe those who enforce and prosecute violations of statutory laws against those who commit them. This involves police officers, prosecutors, judges, city and state officials, and even correctional officers. Color of law is defined well by the Cornell Law School website as:
“Color of law refers to the appearance of legal authority or an apparently legal right that may not exist. The term is often used to describe the abuse of power under the guise of state authority, and is therefore illegal. The term was used in the Civil Rights Act of 1871, where the color of law was synonymous with state action and referred to an official whose conduct was so closely associated with a state that the conduct was deemed to be the action of that state. The Act grants citizens the right to sue government officials and their agents for using their power to violate civil rights.” (https://www.law.cornell.edu/wex/color_of_law)
So, for instance, if a police officer would abuse his authority by violating civil rights, especially those of minority status, while wearing a police uniform and operating a police vehicle, that officer would be considered to be operating under the color of law. Many times that a law enforcement officer is being charged in federal court for an abuse of power, at least one of the charges could be “Operating Under Color of Law”.
Once a SovCit is confronted by a state or city official for his actions, he will claim that official has no authority over him in that he is a free man on the land and that the one in authority is acting or operating under color of law. He will point to the following US code (Title 18 Section 242) for support of his claim:
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
(June 25, 1948, ch. 645, 62 Stat. 696; Pub. L. 90–284, title I, § 103(b), Apr. 11, 1968, 82 Stat. 75; Pub. L. 100–690, title VII, § 7019, Nov. 18, 1988, 102 Stat. 4396; Pub. L. 103–322, title VI, § 60006(b), title XXXII, §§ 320103(b), 320201(b), title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 1970, 2109, 2113, 2147; Pub. L. 104–294, title VI, §§ 604(b)(14)(B), 607(a), Oct. 11, 1996, 110 Stat. 3507, 3511.)” (Rendered by https://www.law.cornell.edu/uscode/text/18/242)
It is noteworthy that this code is protecting the civil rights of those who either are non-citizens (alien) or those of a minority or race, which are the same rights of each and every American citizen. SovCits (who changed their name due to the sudden realization in the past few years that you cannot be sovereign and still be a citizen obligated to uphold the laws of the land) will consider themselves non-citizens and are to be afforded all their rights (real or assumed) of the Constitution and are being spoken about in this code. In so doing, they have misconstued the Civil Rights Act of 1871.
Consider this: The Civil Rights Act of 1871, where we first see the phrase of “color of law”, was also known by another name–The Klu Klux Klan Act. It gave the President of the United States the ability to enact sanctions on the states that would continue to violate the civil rights of those, in particular, who were freed as slaves. By SovCits disregarding or just being ignorant of history (which is common in most of their ideologies) they are at least in error, or worse, they make a mockery of those who endured slavery, and then once freed, endured the discrimination, mistreatment, and lynchings in particular states. Then when they put themselves in the US Code as being “alien”, they purport that by just the act of being pulled over has the same significance as the injustice people of color have endured for so many years.
Now, I am not saying that others than minorities do not enjoy the same liberties. Yet, if you look at the year of 1948, race division and discrimination was in full swing. This code was created to combat this. The fact that not only do groups such as SovCits use this code for their personal benefit, but many in the legal profession use this code to accuse officials where the victims were those other than the citizens who were mentioned in this particular code. There are laws that address the overall abuse of power and violations of citizens’ civil rights as a whole. Using this code for a catch-all (in my opinion) dilutes the meaning and spirit of the code.
SovCits will attempt to intimidate police officers and judges, especially pointing out the fact that the code says they could be “put to death” for conducting the traffic stops and violating his or her right of “Life, Liberty, and the Pursuit of Happiness (even though their careless or reckless driving habits constantly jeopardize these same rights of others). They will tell the officer that they are free, are only obligated under common law, and that the statutory “policies” enforced against them violates their civil rights. Some will even go into the courts with this nonsense. You can read the last post I uploaded entitled “Strawman, The Fictional Corporation” to watch an encounter between Judge Hurley and a SovCit to get an idea of what I’m referring to.
Watching the misconception regarding 18 USC 242 with many who profess their knowledge of this code on YouTube, it seems they do not know the history, as I have claimed before. They take this code to mean all American citizens who already enjoy the rights that are protected by the US Constitution. Forgetting this code was enacted in 1948, amidst massive racial unrest and discrimination, they gloss over who this code was meant to protect which is expressed thus: ” on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens”. The federal legislators put special emphasis on the state or its officials acting under color of law in denying the same protection to being “an alien, or by reason of his color , or race…”
Which brings me to a point I cannot emphasize enough. The whole premise of the SovCits’ ideology is that they ignore context, history, and anything they can’t twist, alter or squeeze into their proclamations. They also hope you do not know history, or do not do your due diligence to read what they put up on their blogs, articles or videos in its entirety.
Below is a video of a motorist who was pulled over and attempted to intimidate two officers by his “knowledge” of his rights and the law. You will hear the phrase “color of law” in regarding to his license about 2/3 of the way through. It is interesting to note that this video was actually filmed by the motorist:
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