I was born the year the Supreme Court of the United States of America began to hear Brown v. Board of Education of Topeka; a case that ought to be known to all as a matter of US history. Here is a precise, but telling history of how that case came into being. This historical account lacks hyperbole, perhaps because one feature of legal-eeze carries the technical title (and appropriately so) of being a brief.
In case blog readers don’t do background research or follow footnotes, I raise these salient points: The Declaration of Independence states “all men (sic) are created equal.” At the same time as it was written and signed into law, the legal enslavement of Africans was in full practice. This incongruence required further legal action to change that in the form of 13th Amendment to the US Constitution which made slavery illegal.
It should be no surprise that “equality” did not result from this and thus the 14th and 15th Amendments attempted to address inequities in more specific terminology. All of these Amendments were ratified the 19th century.
The last decade of the 19th century, Plessy v. Ferguson reached the Supreme Court. Plessy was an unsuccessful challenge, attempting to point out how manifest inequality– the “separate but equal” doctrine in practice across the United States– violated the constitutional notion of equality before the law. Judge Brown sums up the majority opinion which went against Plessy:
The object of the 14th Amendment was undoubtedly to enforce equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to endorse social as distinguished from political, equality..if one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane
It would take more than half a century before Brown v. Board of Education brought out the many subtle ways, over the century since the legal end of slavery, that the racial divide had been enforced. It started very early in life, in the form of separate educational systems that only perpetuated the impossibility of constitutional consistency and equality before the law.
We still have a long way to go.
I looked at the transcript from the Grand Jury hearing seeking an indictment against Officer Wilson, who shot and killed unarmed youth, Mike Brown, to see the reality of continued inequalities. In particular, the role of the police in the Black community clearly has not served except to perpetuate the siege on this population– in particular Black males. If the nation’s population is around 13 percent African-American, why is half the prison population Black?
Yeah, it would be easy to say (or wish) this was because Blacks are just more criminal than other races.
Indeed, the illogic of this just “more criminal” inclination starts as early as preschool in America. Black children are several times more likely to be suspended because they are deemed morally culpable in ways apparently White children are exempt from in the same settings. The problem is more complex than just Black criminality.
In fact, this court case points out a peculiar divergence overwhelmingly. For example, out of 162,000 cases in 2010, only 11 came away WITHOUT an indictment. When the courts are seeking an indictment against police officers, however, the statistics change drastically precisely because we allow this data to go uncounted.
Keep in mind, that every 28 hours another Black person is shot and killed by police in America. Thus several concentric circles of despair cannot be adequately accounted for in a system that has: 1) not dealt with its own legacy of on-going racism, 2) not examined the role of the police in the Black community given its historical evolution from the slave patrols in the 19th century, and 3) excuses violence perpetuated by the police as justified, then seeks to attach pathologies to violence erupting in certain communities as happened after this failed indictment.
This week, before the acquittal came, I reviewed the following article with this brazen title: Studies Confirm Dehumanization of Black Children and the ‘Preschool to Prison Pipeline’.
And again, in case it’s too much background research to follow, I will summarize in two sentences: 1) According to the US Department of Education, studies confirm that Black and White Children in America receive radically different treatment with negative disciplinary actions against Black Children starting as early as age 3. 2) “Although it is clear that negative behaviors were magnified through ‘race-colored glasses,’ according to Yates (UC Davis Professor), her study of children engaged in pretend play found that “there is also potentially a systematic devaluing of positive attributes among black children.” This made her concerned about how “very early on, some kids are being educated towards innovation and leadership and others may be educated towards more menial or concrete social positions.”
As the Mike Brown case explodes, not only in violent protests across the United States, but also in social media, where racists epithets and rambling racist trolls greeted me this morning because I spell AmeriKKKa, I wish to call all of our attention back to spirals of inequities that have continued in increments from the time of my birth just before Brown v. Board of Education— which ostensibly set the ground work for equality both socially and before the law.
We still have a long way to go.
It is disheartening that further violence has been the chosen response by some, out of frustration, disregard or even greed to loot stores in the neighborhoods of Ferguson. I condemn such violence and destruction of property, but I make it clear this is not a substitute for intense engagement with one crucial ailment in the US: systemic and endemic racism.
We do have the means to eradicate it and other forms of injustice. That means is a collective responsibility to heal old wounds and a judicious decision to go forward into all the places where hurt and healing is needed by lifting up the dignity of every human being, from the moment of their birth, within democratic systems that embrace radical pluralism and reciprocity as part of an ethic of Love and Justice.
amina wadud is Professor Emerita of Islamic Studies, now traveling the world over seeking answers to the questions that move many of us through our lives. Author of Qur’an and Woman: Rereading the Sacred Text from a Woman’s Perspective and Inside the Gender Jihad, she will blog on her life journey and anything that moves her about Islam, gender, and justice, especially as these intersect with the rest of the universe.
feminismandreligion.com 
Reblogged this on Jessica A Bruno (waybeyondfedup).
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AmeriKKKa? This is the same ideology that gets spread and causes this race to walk around with a chip on their shoulder. They feel entitled and resort to bullying and violence to get their way. Follow those reality shows such as 48 Hours, Cops and Lockup and you will see how they are the ones to not only kill each other, but disrespect law enforcement.
As a school teacher, this is the race that is least involved with their children and when parent teacher conference comes around they miss their appointments or begin to give excuses and raise their voice as to why there child is being picked on, when their child’s actions are disruptive.
Perhaps instead of spreading this type of ideology and making your race bitter, work on waking them up to better educate themselves and fight with their brains over their bitter emotions.
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Thank you, very much!
It does little good for me to simply say what happens when I spell AmeriKKKa.
you have done that sufficiently and I only need to hold up the mirror.
If I write a blog about HEALING and you write about my “race” being BITTER.
Clearly America is divided.
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Every person is entitled, P, entitled to be treated justly, not assumed to be a criminal before they even walk across the street. You’ve never had this experience, because — I assume — you’re white. But ask any black man, and you’ll get an earful about how they deal with cops in a way that might allow them to live through the encounter. It is AmeriKKKa for African-Americans in ways you can’t imagine, because you don’t live in Black neighborhoods, go to Black schools, end up in prison for minor offenses, etc. If your only experience of African-American adults is reality shows like “Cops,” you don’t know African-American reality. As an educated person, I would hope that you would educate yourself about your Black students and their reality (maybe their moms can’t come to the parent-teacher conference, because they’re single moms and have to work?) so you can “better educate the [kids] to fight with their brains” for what should be theirs.
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“Follow those reality shows such as 48 Hours, Cops and Lockup and you will see how they are the ones to not only kill each other, but disrespect law enforcement.”
Oh, yes, staged reality shows. And you’re a teacher?
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Dear ‘P’ – Take a breath. Is it possible that you’re putting the ol’ cart before that braying donkey? As I read your post it appears that your examples are all from ‘current events’ and reflect your daily experience and observations.
The only bitterness I garnered from this article came when I read your post. I felt a profound sadness for you. History must be a painfully personal subject. Defleshing a poisoned bone is surely an agony. This article spoke a plain, and laudably dispassionate, recounting of (not anecdotal but) an actual, historically accurate evolution of laws and their effectiveness (or not).
All you chose to focus on was a moniker – AmeriKKKa.
Really? You, an educator, a trusted overseer of children’s minds, can condemn an entire race, flinging stereotypes from your Thanksgiving Day kitchen preparations? Can you not see that you just gave the best example of mindless prejudice discussed in this AmeriKKKa?
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“a collective responsibility to heal old wounds and a judicious decision to go forward into all the places where hurt and healing is needed by lifting up the dignity of every human being, from the moment of their birth,”
This is what I was taught as a child was the essence of both American democracy and Christian love. How is it that so many “good” Americans and “good” Christians have not learned the same lessons, or if they did, have strayed so far from them?
Of course, I also learned that “the policeman is your friend” but I have learned since that “he” probably would not be if I was the woman of any race who was raped or beaten or the young black man just trying to get on home. My heart breaks…
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Why is it that moral superiority is so often the root of prejudice?
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A petition urging Obama and the Dept of Justice to prosecute Darren Wilson.
https://www.causes.com/actions/1775044-sign-the-petition-to-tell-president-obama-and-us-attorney-general-holder-secure-justice-for-mike-brown?conversion_request_id=187796413&ctag=645176da17e38e6d1f67a2135a33f184f1&ctoken=OEFWXsztoNhYvIUtLgX2FNdf4Nu_PKFNccz0VND6znGqJx1587Jio5ZLrR4vpaJGkbpDFjQmo6mzCmVh187Hq82lfJeBO0op&message_id=2db8adf52570a446819a0edc29c097c0%40causes.com&recruiter_id=122101368&uid=186463461&utm_campaign=activity_invitation_mailer%2Factivity_invitation&utm_medium=email&utm_source=causes
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Signed..!!
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Thank you for this Carol.
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You’re right: we do still have a long way to go. The U.S. is anything BUT a “post-racial” nation. It’s not even post-racist. St. Louis and St. Louis County (separate jurisdictions) have way far to go.
I grew up about a mile from where Mike Brown was shot. I remember when the “coloreds” started moving into North County, which includes Clayton, the county seat where the grand jury sits. There was a lot of resistance to the “coloreds” who “didn’t know their place.” As if “their place” wasn’t on Mother Earth. I watched the prosecutor reading his remarks on TV and I knew pretty fast where he was going with it. Not to any helpful place. I hope Mike Brown’s family sues the police department and wins. And I wish people would stop looting and burning and find more effective ways to protest.
Thanks for writing this blog. Your insights are always useful.
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P.S. Daily Kos has numerous posts on the topic. Take a look at this one. http://www.dailykos.com/story/2014/11/25/1347426/-The-Moral-Economy-of-Ferguson
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THANK YOU…most sincerely!
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Amina, thank you for this. Two phrases caught my attention especially: “systemic and endemic racism” and “spirals of inequities.” Too many people remain oblivious to the systemic and structural aspects of the killing of Michael Brown and so many others.
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Yes, Kecia, I think you are right on target. The difficulty, as I see it, is to “see” how to work it all out in concrete terms.
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“We do have the means to eradicate it and other forms of injustice. That means is a collective responsibility to heal old wounds and a judicious decision to go forward into all the places where hurt and healing is needed by lifting up the dignity of every human being, from the moment of their birth, within democratic systems that embrace radical pluralism and reciprocity as part of an ethic of Love and Justice.” This is a wonderfully poetic evocation of what I consider the first principle of Unitarian Universalism: “We affirm the inherent worth and dignity of every individual.” How beautiful!! Especially in the wake of this demoralizing injustice, your words bring a balm to all of our souls. AND a goad to work towards this long-overdue reality. Thank you, amina!
The fact that the ABA is bringing a suit against the Ferguson police department made me feel a little better about the aftermath of this tragedy. And perhaps a beginning (which should have come long ago) of keeping records about killings by cops so we can demonstrate why they don’t get indicted.
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Phenomenal article. Thank you for bringing everything together so perfectly and aptly.
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Amina, your dispassionate discussion of the structural realities of racism is great. Here’s an article I think every white person should read in order to get a lived sense of how this plays out, “My Vassar ID Makes Everything OK,” at http://gawker.com/my-vassar-college-faculty-id-makes-everything-ok-1664133077/all. I think of myself as well-informed, but that doesn’t cut it when we’re dealing with such a disparity of experience. Laymon’s essay brought home to me in a visceral way how hard it is to be an African-American man in AmeriKKKa.
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