I Have a Dream

August 22, 2017

The North was segregated after Brown outlawed segregation in 1954. It didn’t happen by private individual choices but by government decisions that blocked banks from lending to African-Americans in both the suburbs and inner cities. Those now well documented decisions created many of the inner cities’ problems and the struggle to make equality real. But who cares?

Who cares because all the proposals to fix a huge injustice, not in the distant years of slavery but now, mean paying to help “them.” It’s fine if someone else pays. But not us, not the wealthy, the middle class or the poor.

So are there answers society could adopt?

We nibble: the Fresh Air Fund, scholarships for the African-American elite, the people who overcame all the potholes and roadblocks in their way.

In 1938, years before Brown, the Supreme Court understood that the inescapable sin of segregation was the barrier to networking. Missouri was prepared to send African-Americans to any law school in neighboring states so that they would get what Missouri called an “equal” education, but not to Missouri schools. Presaging Brown, the Court said it wasn’t equal to deny African-Americans the chance to get to know future colleagues, adversaries, judges and legislators. As Brown would say 16 years later, segregation is inherently unequal.

There lies the real problem of race – any real solution involves us all. Would we put the resources into “their” schools that we put into “ours”? Would we share some classrooms? Would we allow willing parents to send their kids to our schools or would a modest program be too much for us or the racist majority on the court in Washington?

I think there will be success for African-Americans too. Fresh out of slavery, their ancestors created a system of higher education,  fine colleges and universities which survive and thrive. Then they started the climb toward the middle class familiar to many of us. Many African-Americans joined the ranks of civil servants in the federal government. Government service had been a route out of poverty for many of our ancestors. But beginning in 1913, after years of progress, President Wilson excluded African-Americans from all but menial federal jobs, pushing educated and successful African-Americans out of the federal bureaucracy.

That story was repeated after World War II, after Brown v. Board, when federal officials denied that African-Americans had any rights the capitalist system need honor and instead used the federal agencies they controlled to block African-Americans from getting loans to build businesses or join the march to the suburbs. It wasn’t anything African-Americans did, but that deliberate undermining of their efforts and successes laid the seeds of contemporary inner city problems.

There are many more chapters to the story of the ways that the financial and political rugs were pulled from under potentially successful African-Americans and their businesses. The road of our African-American brothers and sisters has been longer, harder, more unjust than the ancestors of most of the rest of us because America made it so.

I was there in front of the Lincoln Memorial when Dr. Martin Luther King shared his glorious dream. That dream of equality belongs to all of us. All of us depend on the crucial American realization that all mankind is created equal. So, like most Americans, I thrilled to King’s words. And I admire the principled courage and dedication of Charlottesville’s counter-protestors. Their presence was an indication of the progress America has made, and their struggle reflects the distance still to travel.  King’s dream, our dream, is still a dream.

— This commentary was broadcast on WAMC Northeast Report, August 22, 2017.

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Brotherhood

April 25, 2017

In the height of the Civil Rights Movement we used “brotherhood” to express our quest for more than tolerance, but for closeness as one human family. I’ve never found a gender-neutral term for that feeling, so I continue to use it but in a gender-neutral way – we are all family, cousins, a part of one community. As John Donne famously wrote in 1624, “never send to know for whom the bell tolls; It tolls for thee.”

Given the waves of hate crimes since the election, I’ve been thinking about brotherhood. This country is built on brotherhood, on sloughing off the ethnic, religious and physical prejudices our ancestors all brought from their old countries. By now those prejudices seem irrelevant. Many of us intermarried and were welcomed in new families. A friend told me that Bahai do it intentionally to bring people into the faith, though he was truly smitten and has a loving marriage. Most of us just happen to fall in love and old prejudices seem quaint and silly.

But brotherhood matters. Many of us watched the shredding of Yugoslavia. An exchange student from Belgrade was living with us, beside herself with grief and anger at the destruction of her country. Some had predicted Yugoslavia would explode once Marshal Tito died. But many intermarried, traveled among Yugoslavia’s regions, and young people, like our visitor, thought of themselves as Yugoslavs. But it came apart, viciously, in a blood bath of what was called “ethnic cleansing.”

Americans like to think America is and will always be ingenious, hardworking, neighborly and welcoming; that’s us – we’re the best. But many of us understand that virtues have to be nurtured, not assumed.

Early in the last century, President Teddy Roosevelt predicted “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.” The draft brought people together who had lived geographically, religiously, ethnically or racially segregated lives. As men returned from war, they introduced each other to sisters and friends, integrating families and communities. But the political strains of war in Vietnam ended the draft. Ben Downing recently urged national service on this station but we have nothing that compares with the reach and impact of the draft.

Racial segregation was made much worse by federal officials who required banks to redline cities and suburbs against loans to African-Americans no matter how strong their financial status. That left segregated school districts. Many of us still try to make our schools “great agents of democratization.” But racially homogenous student bodies make integration difficult or meaningless, and courts have made it worse.

Sports and entertainment still reflect integration. I once told Jackie Robinson’s widow how much it meant to grow up rooting for her husband. Black faces have been on national television as long as I can remember. My mother screamed with joy when William Warfield came out on stage and announced he would sing Old Man River. And I’ll never forget the sound of Marion Anderson’s voice when I heard her live. I’ve only caught glimpses of Oprah Winfrey but bless her influence. Familiarity, like minority newscasters and public officials, helps to diffuse prejudice and fear.

The Southern Poverty Law Center and the Anti-Defamation League rely on litigation to put racist groups out of business and catalogue hate groups, warning us about their activities and sharing strategies to extend the warm pull of brotherhood.

Other groups try to bring people together, to meet and appreciate each other, like the Interfaith Alliance, individual churches, temples and Muslim Community Centers, who invite people to meetings and festivals. We’ve often broken bread in the Muslim community.

But nothing matches what the draft and schools once did for so many of us. We need better ways to advance peace, justice and brotherhood.

— Most of this commentary was broadcast on WAMC Northeast Report, April 25, 2017.


The March in Albany

January 25, 2017

This weekend was busy. The New York Civil Liberties Union, the National Lawyers Guild and others trained people in nonviolence and to serve as observers for the Women’s March on Washington, including a couple of training sessions at Albany Law.

Saturday I joined the Inaugurate Resistance March here in Albany. People joined the crowd from every direction, walking toward the planned start of the march. With so many people it was long before I saw anyone I knew. State Senator Neil Breslin commented to me that a march of this size had never happened in Albany. The only numbers I’ve heard seemed much too conservative – this was really big.

I saw speakers and marchers from women’s groups, Citizen Action, Upper Hudson Planned Parenthood, the Coalition Against Islamophobia, labor unions, religious leaders, community service groups, gay rights groups, and many others.

Eventually I ran into friends who’d served in the Peace Corps, or been mainstays of activism in this area. I got close enough to the rear of the platform to see the back of speakers’ heads.

A common theme was solidarity across all the causes we each primarily work on. United we stand and can protect each other. Divided we fall; we’re all vulnerable separately. All for one and one for all.

When John Dunne wrote the immortal lines, “Ask not for whom the bell tolls, it tolls for thee,” he wasn’t whistling dixie. Our welfare is bound to each others’:

  • Slavery to northern workers was both morally indefensible and a threat to their own livelihoods.
  • Sweatshops bring down everyone’s paychecks and safety.
  • Minimum wages affect everybody’s wages. It’s about whether some people can take advantage of other people, and us.
  • Abuse of women threatens our families and our children – do I have to count the ways?
  • Abuse of any of us – racial minorities, immigrants, gays, lesbians and the trans-gendered, any of us – threatens all of us.

Treating people like trash threatens us all – by example, not to mention their business, their support for us, and the damage to all of us of making some people desperate – desperate for jobs at any price, desperate for food, clothing and shelter for themselves and their families, at any price. Desperation threatens everything and everyone.

The folks at the Inaugurate Resistance March got it. We celebrated our inter-dependence and we cared about each other. I like to quote the ancient Rabbi Hillel who asked the people, “If I am only for myself, who am I?” In that crowd I enjoyed the reaffirmation of our mutual concern. Need I point out for the doubters that a major reason for our country’s success was our ability to work with each other – it matters that we see each others’ humanity, brotherhood and sisterhood.

But that cannot be enough to deal with the blowhard in Chief. The Tea Party’s example was its organizing. Their targets were primaries to take over the Republican party and publicity to take over the public agenda. Obviously it worked. And it will work for liberals too.

It must. Obama’s election was a major step toward a just, decent world. The blowhard-in-Chief is poised to take the brotherhood of mankind apart. It’s our job to make that fail, never to be resurrected, and drive its proponents out of American politics. It’s our job to keep in touch, stay united, publicly push for a decent America until the racist blowhards are sobbing in their caves. We’re the majority and we’ll make OUR muscle felt.

— This commentary was broadcast on WAMC Northeast Report, January 24, 2017.


Postmortem

November 15, 2016

I feel like I’m in mourning. The presidency has been taken by a con man and we all deserve better – those he’s duped as well as the rest of us.

  • Trump was “elected” by an “electoral college” system designed in the 18th century to protect slaveowners by augmenting their votes with 3/5 of their slaves.
  • He was “elected” by a Court unwilling to protect the voting rights of all American citizens.
  • As in 2000, when Al Gore won the popular vote but George Bush became President, the 2016 popular vote went to Mrs. Clinton. President Bush proceeded to make colossal mistakes in foreign affairs for which this country will spend a century paying.
  • Trump was elected with the votes of people who had suffered financially over the past two decades – but they voted for the very people who refused to lift a finger to provide jobs, people who don’t believe government should do anything, including good and important things, and for whom blocking anything Obama wanted to do was more important than helping fellow Americans. With Republicans benefitting from that cynical and deceitful strategy they are back in control of Congress. Good luck to the coal miners, autoworkers, steelworkers and others – they’ll need it.
  • We will now have a dirty old man in the White House as a “role model” for the worst behavior toward women.
  • And his rhetoric threatens to take apart the signal achievement of America – our mutual respect across faith, national origins, class, race, and counting – an achievement central to the status and future of the very people who voted for hate.

I am worried, crestfallen and embarrassed. What is there to do?

First, I have become a supporter of Supreme Court term limits. Rehnquist spent 34 years at the Court, Stevens 35, Scalia 30 and Thomas has been there 25. Erwin Chemerinsky, widely respected dean at the University of California at Irvine School of Law wrote:

The idea is that each justice would be appointed for an 18-year, non-renewable term. A vacancy thus would occur every two years. Vacancies that occur through resignation or death would be filled by appointing someone to serve the unfinished part of the term.

That way the Court would not be dominated by political decisions made decades ago.

Second, I would not confirm any new justice until there is agreement to reverse the decision that allowed states to monkey with their election rules to disenfranchise voters, and until there is agreement to adopt one of the mathematical rules that precisely measure gerrymandering, the level of favoritism to either party – known as symmetry or wasted voters. Some will object that those decisions are for the justices. Nonsense – the appointments clause is the political check and those decisions put the justices’ prejudices ahead of self-government and assured Republican victories, roles no judge should be playing. Those decisions were partisan, self-serving and should be ruled unconstitutional.

Third, we need to get across to people that refusing to vote because there is someone else we like better is a very bad choice because it has very bad consequences. In a democracy, to live and work together we have to be willing to compromise. It’s part of the deal.

Finally, we need to organize. 2018 is two years away and Congress will be at stake again. True patriots don’t give up.

— This commentary was broadcast on WAMC Northeast Report, Nov. 15, 2016.


Professor Paul Murray’s class on the civil rights movement

May 9, 2016

Paul Murray went South as part of the Civil Rights Movement. For many years he has taught a course on the Civil Rights Movement at Sienna College and taken high school and college students on trips to see places made famous by the struggle for freedom and equality.

Professor Murray, Paul to many of us, is retiring soon. This year’s class on the Civil Rights Movement has been his last. For the last session, he held a discussion of whether the Civil Rights Movement had succeeded or failed. Just three students thought it had been a success. Paul asked why. Students brought up discriminatory policing, the impact of putting so many Blacks in prison for behavior that would not get whites prosecuted let alone incarcerated, and the extent to which Blacks still go to schools segregated by zoning and other boundaries, understaffed with fellow students who mirror their own economic backgrounds and skin color.

Gradually Paul got the students to drill deeper –hadn’t some things changed for the better, where and for whom? Elementary schools changed less than colleges and universities. Housing patterns are more segregated after the emergence of white suburbs and wealth is still very skewed. For one student, her very existence depended on the Civil Rights Movement when the Supreme Court held states could no longer ban intermarriage of whites and Blacks.

My wife commented that the world is different from what it was when she grew up in the South or even when we moved into Albany in 1979. African-Americans do many things they couldn’t then. Out shopping and dining years ago we’d just see African-Americans working as busboys and janitors. Now we see them as waiters, hosts, and salespeople. We work alongside African-American professionals, lawyers, businessmen and faculty. And when we came to Albany the city was still geographically and politically divided by faith and national origin in a way that has long since passed.

Another woman commented that being white is actually a step forward for many whites in the room, who grew up knowing that our own groups were discriminated against. Somehow all those ethnic and religious differences no longer separated good, helpful, valuable people from anyone else, and we’re all much richer for it.

The Civil Rights Movement made a difference to all of us, Black and white. A law professor years ago wrote a book about the African-American contribution to the First Amendment.[1] Much of the improvement in Americans’ sense of brotherhood was also forged in the Civil Rights Movement.

But don’t count on it. We had an integrated federal bureaucracy for half a century after the Civil War until President Woodrow Wilson drove Blacks out of the civil service. We had integrated restaurants and theaters in the South before the Klan terrorized southern Blacks, taking advantage of Supreme Court decisions that what happens in the South is no business of Congress and federal prosecutors.[2] The Supreme Court in our own time has called a halt to integration, repeating its 19th century backsliding. The schools and criminal justice system are still failing Blacks.

I don’t know how long it will take. Visitors to Paul’s class had spent their lives working for justice and we all have to keep working for it. I want to believe that our work and social relationships will gradually drive racial justice in the same way they drove the integration of ethnic groups and the gay rights movement. It’s been harder and slower regarding race but we will get there, thanks to people like Professor Murray.

— This commentary was broadcast on WAMC Northeast Report, May 3, 2016.

[1] Harry Kalven, The Negro and the First amendment (Chicago: Univ. Chicago Press, 1966).

[2] C. Vann Woodward, The strange career of Jim Crow (New York: Oxford University Press, Commemorative ed., c2002) (1955).


Why Neither Party Can Back Down on Garland

April 12, 2016

Why is blocking the Garland nomination to the Supreme Court so important to them that most Republicans won’t even meet with him let alone agree to hold a vote? Many probably think it is about gay rights and abortion. But there is much more at stake for both parties.

After the Civil War, a very different Republican Party was anxious to secure voting rights for African-Americans. They explicitly addressed the voting rights of the former slaves in both the Fourteenth and Fifteenth Amendments and addressed it by implication in several other clauses as well. Those Republicans, committed to freedom and equality, understood that if the states of the former Confederacy could exclude African-Americans from voting, the former secessionists could retake southern government. Even more important, southern control of the House of Representatives would be strengthened, because the former slaves would count as full and equal human beings in the census and therefore in the apportionment of seats in the House. If that greater southern representation could be controlled by the white secessionists without Black votes to contend with, the former secessionists would control Congress.

Republicans have now switched positions. They still want to control Congress by controlling who can vote, but now by excluding everyone except white voters and undercounting everyone except Republicans. The Court has given them the power to do that. First, the Court chose George Bush for President, stopping the count of the actual votes in Florida. It refused to subject gerrymandering to any legal standard, even though there is now a very precise formula defining the extent of gerrymandering. It has taken the lid off every measure that descendants of the former Confederacy can impose to prevent African-Americans from voting, opening the polls only when it is difficult for them to get there, moving polling places to make them harder to reach, and requiring documents for registration that are costly in both time and money to obtain. That’s the dictator’s game where the officials choose the voters instead of the voters choosing the officials. It shreds democracy. It seems it is all the Republicans have left. And if choosing their voters turns out to be insufficient, the Court has unleashed the flood of corporate treasuries on politics and undercut labor’s ability to survive as a counterweight.

Choosing their voters, and controlling political money to favor Republicans are their biggest motives for wanting to control the Court – it protects their seats and their control of states and Congress. But there are other motives. The Court has shredded the protections of ordinary citizens in product liability, fraud and breach of contract cases. It has shredded the responsibility of Republicans’ corporate friends in antitrust liability and responsibility for securities fraud. The Court has become the major enabler of corruption, a giant kickback to friends of Republicans.

If one adds Republican preference for the conservative justices’ attack on abortion and gay rights, and their defense of school segregation, the Court has defined virtually the entire Republican agenda, its social agenda, its attempt to subordinate democracy to their dominance, and its cozy relationship with corporate America. It gives the rest of us very strong reasons to stop them and to get the Court back in support of democratic government, especially taking back the Court’s blessing for legally converting a vocal minority into national rulers. It’s time to stop them in the name of democracy.

— This commentary was broadcast on WAMC Northeast Report, April 12, 2016.

 

This campaign makes me nostalgic for the draft

September 15, 2015

This campaign makes me nostalgic for the draft.

The Republican candidates have been telling us who they want to keep out, and whom they don’t like or wouldn’t lift a finger for – Mexicans, Iran, Muslims, the poor, women, peaceniks. And they make it pretty obvious whom they do like – whites, “real men,” cops, soldiers, guns, the U.S., especially the U.S. before any of us were born, and Christians. It’s all stereotypes, of course. No group of people is all good or all bad – not even conservatives, a big stretch for me. There are always gradations – people need to be judged on their behavior. But that’s too much work. Simplification is so much easier.

Let’s talk about something else they don’t like – democracy. All their blather about the free market and government is little more than an attack on democracy. In fact polls reveal that, on average, conservatives are typically less supportive of the freedoms in the Bill of Rights – except the freedom to carry guns so that, if what they define as the need arrives, you can blow whomever away. Heaven forbid we should have to live together. I glory in walking out of Penn Station in New York – it seems like the whole world is right there and managing to get along; how wonderful in this increasingly contentious world.

Oh on the subject of New York City, that’s a stereotype right there – for much of America New York City is Sodom and Gomorrah. Never mind that the City is actually composed of Americans from all over the country – their own relatives, friends and classmates – as well as a major first stop for immigrants, the same immigrant streams that composed the rest of the country. No, New York is heathen. I remember stopping downstairs for a haircut in a building where I had a temporary apartment in Ohio. The barber was a woman and as we chatted she told me that she was surprised that New Yorkers actually tried to help each other in the days after 9/11. Really – did she think we were coyotes?

It makes me nostalgic too – for the draft! There was actually a time when Americans from all over had to meet, interact, make friends, and did. They introduced each other to their eventual brides, formed business partnerships, learned to appreciate the best in each other’s backgrounds. The draft was truly the incubus of democracy. Theodore Roosevelt proclaimed “the military tent, where all sleep side-by-side, will rank next to the public school among the great agents of democratization.”[i] Got that right.

Actually the military has been working on that problem since the country was formed. Contrary to what many people think, Americans at the founding spoke many languages and have continued to speak many languages. The military struggled with whipping those disparate forces into a unified fighting team. They tried separate local units and units recruited by leaders like Roosevelt’s “Rough Riders” but they tossed all that aside and put people into those military tents without regard to their origins.

The racial divide forced the military to think again about the problem. It turned out that mixed race units in World War II came back positive about the possibilities of integration. But Vietnam was hard, a stalemate in the swamps in the middle of turmoil back home. But the military responded by making it a part of every officer’s responsibility not only to achieve racial peace and cooperation, but to make sure that soldiers of all races developed appropriately, got training and took on responsibilities leading to promotions.

As a youth I feared the draft; I knew my own physical weaknesses. For me the Peace Corps was a good choice, one that helped me develop as a human being. And there were problems with the way the draft was handled. But I miss it nonetheless. Truly national service is a very good idea for a democratic country.

— This commentary was broadcast on WAMC Northeast Report, September 15, 2015.

[i] Quoted in John Whiteclay Chambers, II, Conscripting for Colossus: The Progressive Era and the Origin of the Modern Military Draft in the United States in World War I, in The Military in America From the Colonial Era to the Present 302 (New York: Free Press, Peter Karsten, ed., rev. ed. 1986).


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