Contrary to what you may believe, the rights of Black people in America have not been progressing in a straight line. Our story does not begin in slavery and end with “We Shall Overcome” and the first black president. Rather, the true nature of our rights in America is cyclical. We go from absolute oppression to moderate freedom back to oppression. My father calls this the Cycle of Oppression where we move from oppression, to confession, to progression and then regression.
The frustration that I have as a civil rights lawyer and as a black person in America is the vast majority of our population’s ignorance to this reality. Failure to see our rights as a vicious cycle of oppression not only leads to comments like “All Lives Matter” when we state “Black Lives Matter,” but it further recapitulates the cycle. Therefore, I want to use this space to dispel this false narrative through education because as the adage goes, those who do not learn from the past are doomed to repeat it.
Admittedly this topic could serve as the basis for a dissertation or book (and I’m sure a particular friend of mine would love to see me write it). I further acknowledge that blogs are meant to disseminate burst of information and/or advice regarding a particular topic. However, given the current climate in our country, typical blog superficiality does not feel appropriate. I am compelled to go deeper. But I offer this comprise: to avoid a ridiculously long article, I have broken it up into six parts, with this being the first installment. Think of this article as the overview of what is to come. Parts two through six will expand upon subheadings listed below. To be sure, I will not cover every possible subject, even in this six-part series. As I stated, this could be a dissertation. However, my goal is to inform and hopefully spark further education. So without further ado, here are five critical stages in the history of Black rights in America.
- Pre-Slavery America: Blacks Were Not Initially Brought Here As Slaves
The first Blacks brought to America were not brought to be enslaved. The enslavement of Blacks was a later development. In fact, the first Blacks were brought to America in 1619. Twenty Blacks, three of whom were women, arrived in Virginia as indentured servants, not as slaves. Their status was no different than their White counterparts, who were also indentured servants. However, over the next 75 years the status of Blacks began to change as the laws began to restrict their freedoms and redefine their status. Blacks lost their ability to be indentured servants and were forced into slavery. More importantly, this status of “slave” became inheritable and perpetual. The law served not only as a way of ordering society, but also as a tool for redefining the status of Blacks in America.
- Slavery in America: The Rise of Chattel Slavery
The institution of slavery has existed since time immemorial. However, America was a bit peculiar in that it had chattel slavery, an institution firmly backed by the laws. The law utilized tortured logic as it attempted to justify the subjugation of Blacks. The law’s greatest contribution during this era was its ability to completely dehumanized the Black race in a way that we have yet to recover from. Many of the legal principles espoused during that period remain true today as a matter of fact, if not by law as well. For instance, the Dred Scott decision held that the black man had no rights which the white man was bound to respect. This still holds true when we see the acquittal of the killers of victims like Trayvon Martin, Michael Brown and Freddie Gray. Moreover, not only did the laws during slavery ingrain in this country that black rights are subordinate to white rights, it embedded in our psyche the need to control the black body. This sentiment remains.
- Reconstruction: America Passes Its First Civil Rights Laws
Did you know that the first Civil Rights Act in America was not passed in 1964 but in 1866? Did you also know that the second Civil Rights Act was passed in 1875? Reconstruction, a complicated period in American history, saw great strides for the protection and advancement of Blacks in the law. Congress passed two civil rights laws and added three important new Amendments to the constitution, the 13th (ending slavery) 14th (equal protection under the law) and 15th (right to vote). Blacks also began to take political office at the state and national level. We saw the election of the first Black U.S. Senator, Hiram Revels in 1870, and many state legislatures. These same state legislatures were responsible for enacting many of the compulsory education laws that allow us to receive a public education today. Unfortunately, this era of Black progression was short lived. Occurring almost simultaneous with it was the rise in terrorism toward blacks through groups like the Klu Klux Klan, and the subversive re-enslavement of Blacks through Black Codes and vagrancy laws. During this period, we saw a connection between blackness and criminality. Eventually, it all ended with major legal blows handed down by the Supreme Court; ushering in the era of Jim Crow.
- Jim Crow: The Death of Black Rights
Without a doubt, Jim Crow was a period of great regression. We lost all the major gains during Reconstruction, and became disenfranchised, disempowered and disregarded as an American citizen. We would not see another Black U.S. senator until nearly a 100 years later in 1967 with Edward Brooke. Our perceived inferior status was again codified further with the creation of more Black Codes, segregation laws, and vagrancy laws. The law became a vehicle not to curb crime, but to transform Blacks into criminals for offenses like being unemployed. This served to further entrench the idea of black criminality that persists. We also saw an increase in the terrorizing of Blacks through lynchings and the destruction of vibrant Black communities like Black Wall Street in Tulsa. This era of American legal history arguable continues. However, officially it came to an end with the Supreme Court case Brown v. Board of Education and the Civil Rights Acts of 1964 and 1965.
- The Modern Era: We Are in a Regression
This is the era we find ourselves in. The Civil Rights Movement is over, and the King who dreamed has been killed. Although we have laws on the books, the state of our rights remain precarious. Many of us have found that when we go to court to cash the check given to us by the Civil Rights Act, we are told there are insufficient funds. The war on drugs has criminalizes blacks more severely than any time since slavery. Police brutality continues to be a source of terror for the Black community, and the justice system’s inability to hold accountable the killers of blacks is reminiscent of times before. We are in a time of regression. Perhaps the greatest evidence of this is the rise of Donald Trump. Where we are headed I do not know. But I will say that my hope for the future over shadows my fear of it.
In the coming weeks I look forward to expounding upon these topics and starting a dialogue.
–Until Next Time–
Palooke
