The Bum Blockade: When California Ignored Federal Law in the Great Depression

The story of the Bum Blockade is a fascinating episode in the history of American law enforcement and civil rights. In 1936, during the Great Depression, the city of Los Angeles took it upon itself to prevent American citizens from entering California, in an effort to protect the state from 'indigent people'. This action was taken despite a lack of legal authority, marking a significant incident in the conflict between state and federal law.

A California Thing?

The idea of bypassing federal law in favor of what local authorities deemed necessary became a recurring issue during the Great Depression. In California, it was common to prioritize local desires over constitutional rights. The Bum Blockade of 1936 is a prime example of this 'California thing', where the actions of the state police ignored laws that were in place to protect civil liberties.

The 'Indigent Act' and Bum Blockade

The LAPD's actions were based on a controversial and soon to be unconstitutional law known as the 'Indigent Act' of 1933. This act made it illegal to bring 'indigent' individuals into California. In 1936, the Police Chief of the Los Angeles Police Department, J. Davis, ordered 136 officers to border crossings within California to enforce this act. Some counties welcomed the LAPD officers, while others saw them as an unwelcome intrusion.

The 'Indigent Act' received broad support from citizens, newspapers, state Chambers of Commerce, and even the governor. However, there was no state authority that requested this action. In fact, the state's Attorney General argued against it, referencing the US Constitution's Article IV and Amendment XIV. Despite this, Governor Merriam overrode the Attorney General's stance, authorizing the police to enforce the act.

The Legal Battle

By 1941, the Supreme Court struck down similar laws that restricted interstate migration. The California Indigent Act was no exception, and the Supreme Court decided that no state could enforce such restrictions. This ruling came after the economy had begun to recover with the prewar defense boom, and the state needed all the workers it could get.

Challenging Authority

Interestingly, the LAPD did not prevent American citizens from entering California. Therefore, the question of their authority to do so is irrelevant. They had no legal authority to enforce the 'Indigent Act', and they did not take the step to prevent American citizens from entering the state, suggesting a certain hypocrisy in their actions.

The Bum Blockade was not just a legal issue but a social and political one, reflecting the tension between states' rights and the supremacy of federal law. It serves as a reminder of a dark period in American history where law enforcement and local authorities ignored constitutional rights in the name of economic protectionism.

Conclusion

The Bum Blockade is a sobering lesson in how public sentiment, economic needs, and political decisions can overshadow legal principles. It is a testament to the ongoing struggle for civil rights and the balance between state and federal authority. Understanding this history can help us better navigate the challenges of modern policy-making and the importance of upholding constitutional rights.

Keyword: bum blockade, great depression, interstate migration