id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjrl-6113	Montoya , John 	Defying Congressional Intent : Justices Miller and Bradley Alter the Course of Reconstruction 	2020	57	.pdf	application/pdf	18936	728	57	As such, the Framers’ concept of circumventing states that deprived and denied Fourteenth Amendment rights was filtered through a state action requirement. Bradley also dismissed the third count on the ground that the unlawful conduct was not attributable to the state, the same fault he attributed to the first two counts.173 In his dismissals of counts one, two, and three of the indictment because the indictment failed to name the state as an actor, Justice Bradley disregarded the language of Senator Pool and Representative Jeremiah Wilson.174 Both legislators were clear that in circumstances where states failed to act, for whatever reason, the federal government had authority to provide the missing protection.175 In Bradley’s narrow conception, however, the state had fulfilled its duty under the Fourteenth Amendment if it simply refrained from passing any law to abridge the privileges and immunities of citizens.176 Even if the state government took no affirmative action to secure citizens’ rights, or if other branches of state government were unwilling or unable to ensure equal enforcement of state laws, the federal government, in Bradley’s view, could not directly enforce these privileges and immunities.177 172 Id. at 715.	cache/cjrl-6113.pdf	txt/cjrl-6113.txt