Volume 6 Issue 48…Dedicated to the Dialogue on Race…December 5, 2003

Plessy v. Ferguson (1896)

"In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott case." (Supreme Court Justice John Marshall Harlan, the lone dissenter of the minority opinion in Plessy v. Ferguson)

In 1890, Louisiana enacted into law a statute requiring railway companies to provide "equal but separate" accommodations for white and colored passengers. The statute forbade persons of one color (race) to occupy seats in coaches designated for another. Anyone found in violation of this provision could be penalized with a fine of $25 or 20 days in prison.

Seven-eighths Caucasian and one-eighths African, Homer Plessy, a 30-year old shoemaker, was considered black under Louisiana law. As such, he was required to ride in the "colored's" compartment. Plessy, who believed he was entitled to every right, privilege and immunity granted white citizens of the United States (US), took a seat in an East Louisiana Railroad coach that accommodated white passengers. The conductor ordered Plessy to move to the "colored" compartment. Plessy refused, and a police officer forcibly removed him to jail to await charges of violating the above statute.

Plessy filed suit, arguing Louisiana's Separate Car Act violated the Thirteenth and Fourteenth Amendments to the Constitution. Judge John Howard Ferguson ruled Louisiana could regulate railroad companies that only operated within its state. He found Plessy guilty of refusing to leave the white's only car. The Louisiana Supreme Court upheld Ferguson's ruling. Plessy appealed to the United States Supreme Court.

In 1896, the Supreme Court upheld the lower court's decision. Justice Henry Brown, who wrote the majority opinion, declared the Louisiana statute a valid exercise of state police power. The statute's separation of passengers based on color was viewed as non-discriminatory. Justice Brown dismissed the notion that the state law conflicted with the Thirteenth Amendment, arguing "a statute which implies merely a legal distinction between the white and colored races -- a distinction which is founded in the color of the two races and which must always exist so long as white men are distinguished from the other race by color -- has no tendency to destroy the legal equality of the two races."

In regards to the Fourteen Amendment, Justice Brown opined, "...The object of the [Fourteenth Amendment] was undoubtedly to enforce the absolute 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 enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either."

The Court's decision in Plessy v. Ferguson gave tacit approval and support to those who fostered racial segregation and injustice, not only in transportation and other public accommodation, but in education, housing, employment, etc. The ruling remained the overt law of the land until the Court's landmark decision in Brown v. Board of Education of Topeka (1954) struck down the doctrine of "separate but equal." (Sources: www.campus.northpark.edu and www.usinfo.state.gov)

The Dark Knight-Batman/White Ninja/Zorro is a very persistent product of a consumer culture. Last year, he made a list of action figures and other gadgets he wanted as gifts to add to his collection of super heroes. He dusted off his list and made revisions, retaining those items he did not get and adding new ones that recently hit the market. When asked for comments, the Dark One/Ninja/Zorro rubbed his palms in greedy anticipation and remarked, "Only three more weeks before payday!"

By John Burl Smith

The conclusion of Dot M. Smith's chasm analysis that the US Constitution mandates and maintains black inequality, prompted the question, can you prove whites today benefit from it? The laws of resistance and proportion can help establish the efficacy and validity of her conclusion. Consider the analogy of two balls rolling freely down an incline. If their proportions and the resistance are equal, the balls roll about the same distance at the same speed. Changing one surface increases resistance and slows one down, while the other remains unaffected. Proportionally, this means, as one progresses, the other falls behind.

Smith used America's metaphors for democracy, i.e., choice, and freedom, i.e., social mobility as "misery index" indicators. Defining progress as a function of social mobility and socioeconomic status as reflecting choice, the index compares blacks relative to whites. Article 1 Section 2, "3/5 Compromise," of the US Constitution made the American dream's path 2/5 more rugged for slave descendants than whites.

Dred Scott v. Sanford (1858) began court sanctioned federal and state sponsored discrimination, which lasted until Brown v. Board of Education of Topeka (1954). Embodying the 3/5 Compromise, Plessy v. Ferguson's "separate but equal doctrine," effectively impeded social mobility by limiting choice for blacks. Legalizing segregation, lynching chained blacks to sharecropping and disparate treatment blocked equal access to education, employment, credit, land ownership, housing, voting and other political rights.

The 3/5 color line divided a smooth incline for whites from one of perilous pitfalls for blacks. Analogous to air and gravity affecting motion, Smith discovered an interval that measures the 2/5-drag blacks experience. Increasing what whites receive and discounting what blacks must accept, this 2/5 gap or difference represents the disparate impact of discrimination on black progress and choice.

Establishing reliability, Smith compared and contrasted unemployment rates as the motive force. Compelling documentation consistently show blacks endure unemployment rates that average 2 or more times white unemployment. On variables such as wealth, median income, lifetime earnings, retirement income and life expectancy, blacks lag behind whites. Positive correlations verify the 2/5 deprivation and limited choices' impact on education, credit, professional training and home ownership.

Proportionally, the 2/5 difference exists in tax assessment as well as other areas. A lagging indicator, blacks get smaller returns on their tax dollars than whites. The 2/5 residual holds true for responsiveness issues, especially healthcare and social service provided. Blacks fare worse than whites in hospital emergency rooms, outpatient and follow-up care. Even with equal access to government assistance, blacks consistently receive a lower level and quality of service.

Summarily, white resistance forced blacks to move at only 3/5 speed for 246 years. Empirically, the laws of motion support Smith's hypothesis. The 2/5 gap on Smith's misery index matches the 3/5 Compromise resistance black must overcome. The significance of Smith's findings is that the relative advantage whites have historically enjoyed on social mobility and choice measures are significant. Moreover, Smith objectively proved that the 2/5 deprivation is institutionalized racism mandated by the US Constitution to benefit whites. Anyone wants to question Newton?

Disgruntled feels: Wagged! Clinton haters constantly accused the former president of "wagging the dog" or "spin" to create good news about his administration. The foreign press screamed "The Turkey has Landed!" US right-wing media praised George W. Bush's early morning layover at Baghdad airport to ostensibly have Thanksgiving dinner with the troops and visit Iraq. In unadulterated wag the dog fashion, with smiling soldiers as a backdrop, Bush dished up turkey for breakfast!

Disgruntled says: When CBS Evening News wanted to take a month-long look at the unemployment crisis in America, the network did not want to highlight the plight of black Americans. According to its internal memos, unemployed blacks were not wanted. Presumably, blacks did not fit the particular image CBS wanted to convey of USA economic misery.

Disgruntled wants to know: Caught on tape, Cincinnati cops beat an unarmed Nathaniel Jones with metal clubs. According to the city's mayor, the cops behaved properly. Did anyone in the USA, where unarmed blacks are the only ones killed by cops, expect the mayor to say anything else?

40 Acres in a Prison
By Crystal Cartier

(CHORUS)

40 Acres in A Prison
Black Folk Reservations
Started out as slavery
Ended up as reparations
No 40 acres and no mule
But lots of regulations and lots of rules
A concrete box ruled by hearts of stone
No peace... no Freedom...No home to call my own
40 acres in a prison
I've got to make the most of what I have
Dixie is in the White House
(Bizness as usual)
Black folks for Sale

(SPOKEN)
Native Americans shouldn't be homeless
That's why White Man gave them reservations
40 acres in a prison
Depression engineered for generations
Let alcohol console you
While welfare cons control you
Cheesy handouts or
manipulating hands up for a price
Play the Game or lose your life
"Be a general in Satan's Army
Go after what you want at any cost
Don't worry 'bout folks you may be hurting
They're simply losers... Already lost."
Limitations like locks and shackles
Strings attached like ropes and chains
Offensive players viciously tackle
You've got to learn how to play The Game
If born with money you must stick to your own
If poor you must sell out or stand all alone
surrounded by handlers clever and harming
designed to control without alarming
whether from behind bars of steel or bars of music
professional sports... civil and corporate slaves
or drug addicts stressing beyond reason
self-destructing into early graves

(Repeat CHORUS)

About Me: A prolific writer, Crystal Cartier is the author of several books, numerous songs and countless poems. Her latest novel, "Curse of the Vendetta" is available wherever books are sold or via her web site www.crystalcartier.com. In addition to her artistic endeavors, Cartier is a community activist. Apropos, her motto is: "If I can help someone as I journey through life...then my living will not be in vain."

Slave Reparations Scams

Each February, the IRS updates its consumer alert on common scams called the 'Dirty Dozen.' Thousands of black Americans, primarily elderly churchgoers, have fallen victim to slave reparations' schemes. The most common ones involve the payment of a fee for the preparation of bogus forms for tax credits or a refund. Variations of the hoax using email and printed flyers that claim to assist blacks in getting their share of slave reparations are simple identity theft scams.

According to the IRS, filing the claim is a waste of money. Moreover, taxpayers could face a $500 penalty for filing a bogus claim. Nearly 80,000 tax returns were filed in 2001 claiming a reparations refund. While no such fund or tax credit exists, the IRS issued refund checks totaling millions. The largest refund that year went to Crystal Demetria Foster, 25, whose refund check for $507,490.90 was issued on October 29, 2001. On discovering its error, the IRS filed a lawsuit against Foster to reclaim the amount plus interest and penalties.

Court documents allege Foster's father, Robert Foster, 51, a tax preparer and the scheme's architect, included a claim for a $500,000 overpayment on capital gains on the younger Foster's return. The IRS approved it after she responded to an agency letter requesting the name of her investment firm; she replied, the "U.S. Department of Treasury, Black Capital Investments."

Five others were identified as participants in the reparations refund scam in which multiple income tax returns were filed claiming refunds ranging from $8000 - $500,000. Willie Haugabook of Montezuma, GA.; Eddie and Erma Mims of Sylvania, GA.; Andrew L. Wiley, of Durant, MS; and Morris James, Sr., of Montezuma, GA were named in Justice Department injunctions. The Fosters, who have been charged with making fraudulent claims and conspiracy to defraud the government could face decades in prison, if convicted.

Reparations Movement

Since the 1800's, black Americans have been working to secure reparations. Today, all across the US descendants of slaves actively seek reparations to repair the damage blacks suffered under slavery, segregation and institutionalized racism. The methods used to secure its end are as diverse as the groups, such as All For Reparations (AFRE) and the National Coalition of Blacks for Reparations in America (N'COBRA), and individuals that make up this vibrant movement.

While some believe blacks will never enjoy equality or human rights in the US and strive for repatriation, others are filing lawsuits against blue-chip companies that profited from slavery. Most notable is the lawsuit filed by Deadria Farmer-Paellmann against Aetna, Inc., CSX Railroad and Fleet-Boston Financial Corp. The suit seeks an apology and establishment of a trust fund to benefit slave descendants.

Some blacks believe the government must be held accountable and pay reparations for maintaining and fostering a climate conducive for past and contemporary discrimination. Others are petitioning the government to secure funding for a commission to study slavery and make recommendations to repair documented damage. Since 1989, Rep John Conyers has annually submitted H.R. 40 for this purpose. Still others, such as Dr. Silas Muhammad, have taken an international approach and seek redress for the human rights violations at the U N.

Many of these groups and individuals have joined forces, yet the effort remains fragmented. There is no central clearinghouse that keeps all participants informed of various efforts. Some activists have suggested that reparations' activists unite and create a comprehensive package that reflects the rich and varied ideas of those working to secure reparations.

On Reparations

By Dot

The DISH has been offering ideas on reparations for a number of years. And, while some activists and most whites have eschewed the notion of a cash payment to individuals, I have developed a formula, based on Social Security taxes paid that makes sense, given the chasm of inequality, which like institutionalized racism, is an ongoing phenomenon and brake on the earning potential of black Americans. This formulation, which can be accessed via our Reparations page at www.thedish.org (click on "On Computing Z"), will naturally vary for each individual and should not be viewed in lieu of the promised "40 acres and a mule."

A cash payment to individuals, over and above the value of "40 acres and a mule" in today's dollars, can be incorporated into reparations schemes that include social programs, such as free college education and healthcare and/or trust funds that provide capital for budding entrepreneurs or financial assistance for professional training beyond or in lieu of an undergraduate degree. Putting a value on the impact of discrimination on individual lives can also work to increase the ranks of those actively seeking reparations. For more, email me at thedish@surfglobal.net.

Black Holocaust Museum

Days after passage of an $87 billion package to prosecute the Afghanistan/Iraq wars and reconstruct demolished infrastructure, including building schools and revising textbooks, Congress approved a bill to create a national black museum. The bill authorizes $17 million to start the project. Georgia Rep. John Lewis has introduced legislation to create the museum every session since 1988. This is the first time it passed both Houses of Congress. It now goes to George W. Bush.

Far from a fait accompli, if Bush signs the bill, private funds for half of the estimated $400 million price tag must be raised. While blacks await a national museum, hundreds of publicly financed holocaust museums dart the US landscape. Even in the state of Georgia, taxpayers fund a museum devoted to this tragic episode in German history. Yet, Georgia has no museum devoted to its holocaust, i.e., slavery.

Ironically, this nation can address the Jewish holocaust, even pay reparations and assist Jews in establishing and maintaining their own nation, but it refuses to engage in honest discussions about slavery and the black experience. Moreover, black history, which is missing from our children's schoolbooks, is only briefly mentioned during February, the shortest month of the year. It is the height of hypocrisy to revise Iraqi schoolbooks, at great expense, while our own children's textbooks do not include black history and culture. But, the museum is a good idea, if Bush signs the bill.

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