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COMMENTARY: Brown vs. Board, 70 years Later

CINCINNATI HERALD — The law is subject to interpretation. Interpretation of the law lays on the altar of perspective. For example, the recalcitrant White culture encoded Jim Crow laws to defy the rule of the new social order. Blacks, never obsequious, used the intent of the law to fight back.
The post COMMENTARY: Brown vs. Board, 70 years Later first appeared on BlackPressUSA.

Published

3 months ago

June 4, 2024

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By Rev. Norman Franklin | The Cincinnati Herald

Overview:

The Brown vs. Board of Education decision in 1954 altered the social landscape in America, challenging segregation and promoting equality.
Despite progress, current setbacks include extremist rhetoric, restrictive voter legislation, and efforts to prohibit accurate history in school curricula.

The Brown vs. Board of Education decision handed down by the Warren Court in 1954 changed the social landscape in America. Particularly in the southern region where Jim Crow laws mandated separation of the races.

The Fourteenth Amendment armed the former slaves with the constitutional rights of due process of law and equal protection of the law.

The Fifteenth Amendment gave the new citizens the right to vote. [Editor’s note: The 15th amendment, ratified on Feb. 3, 1870, gave the right to vote to all male citizens regardless of their ethnicity or prior slave status].

It was well into the twentieth century before the Fifteenth Amendment was fully exercised. It took decades of struggles, protest and demonstrations, and murder before the apartheid south was bought under the law of the 1965 Voting Rights Act.

Blacks would use the intent of these laws to challenge systemic social and political attitudes prohibiting the exercise of their constitutional rights.

The law was subject to interpretation. Interpretation of the law lays on the altar of perspective. For example, the recalcitrant White culture encoded Jim Crow laws to defy the rule of the new social order. Blacks, never obsequious, used the intent of the law to fight back.

Homer Plessy challenged Jim Crow laws that prohibited Blacks from the use of public facilities, from riding the same buses, and attending the same schools as Whites. Plessy refused to give up his seat to a White man on a train. He was jailed.

The Fourteenth Amendment case, Plessy vs. Ferguson, was argued before the US Supreme Court in 1896. Perspectives interpreted the law. In an 8-1 vote, the Justices upheld Jim Crow.

The majority agreed that the amendment was meant to enforce equality, which they viewed as political equality, but not social. “If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”

That perspective of “one race inferior” and separate but equal accommodations, governed well into the twentieth century.

The errant perspective of “intent of the law” employed to uphold separate but equal became the primary argument of the NAACP Legal Defense Team. Charles Hamilton Houston and Thurgood Marshall won a string of victories before the Supreme Court against Jim Crow laws.

They argued the intent of the law to defeat discrimination in institutions of higher education. The separate but equal and equal protection clauses were successfully argued in four cases before the Supreme Court from 1936 to 1950.

The string of victories sharpened the strategic genius of NAACP lead counsel, Thurgood Marshall.

Marshall had five cases before the Supreme Court of the United States in 1952. Each challenged the constitutionality of state-sponsored segregation in public schools.

The Supreme Court consolidated the five cases under Brown vs. Board of Education.

Separate school systems for Blacks and Whites were inherently unequal, Marshall argued, and therefore violated the “equal protection clause” of the Fourteenth Amendment.

He also introduced sociological data from social scientist Kenneth Clark. The data showed that segregated school systems tended to make Black children feel inferior to White children.

The unanimous decision, delivered by U.S. Supreme Court Justice Earl Warren on May 17, 1954, ruled that state-sanctioned segregation of public schools was a violation of the 14th amendment of the U.S. Constitution and was unconstitutional. Chief Justice Warren stated, “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.”

The decision changed the landscape of public education and gave the name of Thurgood Marshall a coveted place in history. We pause to celebrate his legacy of audacious genus; we pause to celebrate 70 years of the transformative Brown vs. Board of Education decision.

But we can only pause. Reflection is needed amid setbacks trending in the toxic sociopolitical environment eroding social progress today.

In many ways, the sociopolitical environment is as toxic now as in the era that required the Brown vs. Board of Education fix.

These setbacks are trending: extremist rhetoric in the political arena; restrictive voter legislation; the Supreme Court of the United States (SCOTUS) gutting the 1965 Voting Rights Act; SCOTUS gutting Affirmative Action; state legislatures’ move to make Diversity, Equity & Inclusion (DEI) statues in education, government, and private industries that receive federal funds, illegal; and legislative moves to prohibit the sharing of accurate history in K-12 school curriculum because it makes some uncomfortable.

Setbacks

But we are better prepared to stand our ground and push back against efforts to roll back progress. The legacy of Justice Thurgood Marshall resonates with this generation of leaders.

Editor’s Note: The views expressed in this commentary piece do not necessarily the express the opinions of The Cincinnati Herald.

The post COMMENTARY: Brown vs. Board, 70 years Later first appeared on BlackPressUSA.

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#LET IT BE KNOWN — LIVE FROM THE DEMOCRATIC NATIONAL CONVENTION

Published

3 weeks ago

August 20, 2024

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Democrats Call for Fierce Defense of Democracy and Working-Class Values

NNPA NEWSWIRE — Democrats from all political backgrounds came together to honor President Biden’s legacy, which includes unwavering efforts to reduce costs for middle-class Americans, repair a deteriorating infrastructure, and defend democracy from unprecedented threats.

Published

3 weeks ago

August 20, 2024

Oakland Post

By Stacy M. Brown
NNPA Newswire Senior National Correspondent
@StacyBrownMedia

In an electrifying moment at the Democratic National Convention (DNC) that likely set the tone for the party’s campaign, Vice President Kamala Harris made a surprise appearance on the opening night, seizing the stage to the triumphant anthem of Beyoncé’s “Freedom.” The crowd erupted with fire in her voice as Harris declared, “I want to kick us off by celebrating our incredible president, Joe Biden. Thank you for your historic leadership, for your lifetime of service to our nation, and for all you will continue to do. We are forever grateful to you.” The first night of the DNC was more than a celebration; it was a battle cry. Democrats from all political backgrounds came together to honor President Biden’s legacy, which includes unwavering efforts to reduce costs for middle-class Americans, repair a deteriorating infrastructure, and defend democracy from unprecedented threats. The message was clear: Biden’s work is not done, and Vice President Kamala Harris and Governor Tim Walz are ready to continue that fight.

Speakers who are most familiar with Biden, such as Senators Raphael Warnock and Chris Coons, as well as Dr. Jill Biden and Ashley Biden, shared stories that painted a picture of a president who is unwaveringly dedicated to the American people. “In public and in private, President Biden never backed down from his vision for an America where everyone has a fair shot,” Warnock emphasized. Dr. Biden and Ashley Biden gave heartfelt tributes to the man who led the nation and his family with steadfast devotion. The emotional high point of the evening came when Biden, introduced by his daughter Ashley, took the stage to a thunderous ovation as “Your Love Has Lifted Me Higher” filled the arena. The crowd’s response was deafening, with chants of “We love Joe” and “Thank You, Joe” reverberating throughout the hall, a powerful testament to Biden’s connection with the American people.

In a speech that was as much a rallying cry as it was a reflection on his presidency, Biden delivered a stark reminder of what’s at stake. “Let me ask you… Are you ready to vote for freedom? Are you ready to vote for democracy and America? Are you ready to elect Kamala Harris and Tim Walz?” Biden’s words resonated as he recalled the perilous moment of his inauguration, just weeks after supporters of the twice-impeached former president stormed the U.S. Capitol. “You cannot say I love my country only when you win,” Biden asserted. “The winter of peril and possibility has passed, and with a grateful heart, I stand before you to report that democracy has prevailed. But now, democracy must be preserved.” Biden highlighted the progress made under his administration, pointing to economic recovery, healthcare expansion, and the battle against corporate greed. He singled out Harris’s critical role in these achievements. “We’ve gone from economic crisis to the strongest economy in the world… More Americans have health insurance than at any time in American history. And we finally beat big pharma. Guess who cast the tie-breaking vote? Vice President and soon-to-be President Kamala Harris. Now it’s the law of the land—$35 a month for insulin.”

The evening was charged with passionate speeches that struck the heart of the nation’s issues. Former Secretary of State Hillary Clinton delivered a searing indictment of Donald Trump, contrasting Harris’s steadfast dedication to American values with Trump’s chaotic legacy. “Kamala won’t disrespect our military and our veterans,” Clinton declared to thunderous applause. “She will defend democracy and our Constitution and will protect America from enemies foreign and domestic. Donald Trump fell asleep at his own trial, and when he woke up, he made history as the first person to run for president with 34 felony convictions.” Representative Alexandria Ocasio-Cortez delivered a fiery endorsement of Harris, framing her as the champion of the middle-class needs. “In Kamala Harris, we have a chance to elect a president who is for the middle class because she is from the middle class,” Ocasio-Cortez proclaimed. “She understands the urgency of rent checks, groceries, and prescriptions. She is as committed to our reproductive and civil rights as she is to taking on corporate greed. She is working tirelessly to secure a ceasefire in Gaza and bring hostages home.”

Ocasio-Cortez didn’t hold back in her critique of Trump, accusing him of being a self-serving demagogue. “Donald Trump would sell this country for a dollar if it meant lining his own pockets and greasing the palms of his Wall Street friends,” she said. “I, for one, am tired of hearing about how a two-bit union buster thinks of himself as more of a patriot than the woman who fights every single day to lift working people out from under the boots of greed trampling on our way of life.” The night was filled with moments that galvanized the crowd. Golden State Warriors Head Coach Steve Kerr, invoking the words of Steph Curry, declared, “After the results are tallied that night, we can tell Donald Trump, ‘Night, night.’“UAW President Shawn Fain tore off his jacket to reveal a shirt emblazoned with the words “TRUMP IS A SCAB,” igniting the crowd into a fervent chant of “Trump’s a scab! Trump’s a scab!”

In one of the night’s most pointed moments, Rep. Jasmine Crockett drew a stark contrast between Harris and Trump: “She became a career prosecutor while he became a career criminal. Who would you hire? Donald Trump or Kamala Harris? Kamala Harris has a resume, and Donald Trump has a rap sheet with 34 felonies, 2 impeachments, and 1 porn star to prove it.” The NAACP President Derrick Johnson and Melanie Campbell, the President and CEO of the National Coalition on Black Civic Participation, led a standing ovation for civil rights icon Rev. Jesse Jackson during the celebration.

Chicago Mayor Brandon Johnson also delivered a powerful message that resonated deeply with the audience. “I know that my daughter will see not only a reflection of herself in the White House, but she will experience the deepest part of American values… Kamala Harris—she’s got us.” Harris’s words from earlier in the night echoed as the event ended: “We are at a pivotal moment. The choices we make now will determine the future of our nation. Together, we will fight for the soul of America and build a future where everyone has a fair shot. Our best days are still ahead, and we are ready to lead.”