Writing in 1903,
the great sociologist W.E.B. Du Bois charged that «the problem of the twentieth
century is the problem of the color line»[1].
And he had good reason to believe that it was and would be. As the «peculiar
institution» of slavery had made abundantly clear, the class of men that the
Declaration of Independence had envisioned to be «created equal» and «endowed
by their Creator with certain unalienable Rights» did not include blacks. These
truths, apparently, were not as self-evident as some of the Founding
Fathers thought or hoped them to be, and it took a bloody, four-year civil war
and the intransigence of the civil rights movement for them to come more fully
into focus.
The
initial attack on racial exclusion was directed at the legal system itself.
Just a few years prior to the outbreak of the Civil War, Chief Justice Roger
Taney, writing for the Supreme Court’s majority, had infamously held in Dred
Scott v. Sandford (1857) that the Declaration’s «general words» expressing
the equality of men do not «embrace the whole human family». In the Court’s
opinion, slaves and their descendents were not included nor intended to be
included «under the words ‘citizens’ in the Constitution» and could therefore
claim «none of the rights and privileges which that instrument provides for and
secures to citizens of the United States». The Court’s confidence in its
interpretation derived in part from the observation that opinion in the
«civilized and enlightened portions of the world» had held for a century or
more that blacks «had no rights which the white man was bound to respect». The
amendments to the Constitution written and ratified in the aftermath of the
Civil War – the Thirteenth (1865), the Fourteenth (1868) and the Fifteenth (1870)
– aimed to eliminate such egregious offences to formal legal equality, and
Congress passed the Civil Rights Act (1866)
and the Reconstruction Act (1867) in an effort to give some substantive
direction to the general principles adumbrated in the amendments.
But
unapologetic racists, primarily in the South, obstinately dissented from such
attempts «to form a more perfect union» – to recall the inspiration that
animated the Founding Fathers – and promptly obstructed Reconstruction policies
by passing so-called Jim Crow laws that required the separation of whites from
persons of color in schools, parks, restaurants, theatres, hotels, cemeteries,
courtrooms and public transportation. When the Supreme Court was called upon to
account for such statutes, its rulings offered little solace to the oppressed,
for it often interpreted the matter of civil and political membership in highly
exclusionary ways. After a series of disastrous decisions regarding problems of
race, in Plessy v. Ferguson (1896), which is perhaps the most glaring
example of the moral and legal schizophrenia that characterized this period,
the Court concluded that the Equal Protection Clause of the Fourteenth
Amendment – which stipulates that no person within the jurisdiction of the
United States shall be denied «equal protection of the laws» – permitted racial
segregation, provided that the conditions obtaining for blacks were largely
equal to whites. This, of course, was rarely if ever the case, and the doctrine
of «separate but equal» ended up sanctioning a system of racial apartheid that
forced most blacks into conditions of grinding poverty, subservience and public
humiliation.
With
such a vast discrepancy between the nominally universal and egalitarian norms
proclaimed in the Declaration of Independence and the singular failure
to secure the right to «life, liberty and the pursuit of happiness» in any
meaningful way for great numbers of people, there is little wonder thus that
African-Americans have felt a profound ambivalence with regard to American
institutions. As the former slave and anti-slavery activist Frederick Douglass
famously exclaimed in a speech in New York City in 1847, «I have no love for America, as such; I have no patriotism. I have no country. What country have I? The
Institutions of this Country do not know me – do not recognize me as a man[2]. Du Bois later captured with
remarkable efficacy the tension between the promise of American ideals and the
harsh reality of race relations when he said of the black experience that, «one
ever feels his twoness – an
American, a Negro; two souls, two thoughts, two unreconciled strivings; two warring ideals in one dark body, whose dogged
strength alone keeps it from being torn asunder». The African-American «simply
wishes», he continued, «to make it possible for a man to be both a Negro and an
American, without being cursed and spit upon by his fellows, without having the
doors of Opportunity closed roughly in his face»[3].
The
doors of opportunity were shut roughly, however, and in more than one sphere:
blacks were relegated to manual labor, blocked from enrolling in universities,
prohibited from intermarriage, and disenfranchised politically through a
variety of legal and extralegal means, ranging from poll taxes and literacy
requirements to intimidation and physical violence. Such forms of legal
discrimination were often buttressed by cultural expectations and interaction
rituals intended to show blacks their place in American society. And thus, even
as blacks gave proof of their commitment to their country fighting in two world
wars – in the belief that, as the poet Langston Hughes wrote in 1931, «our dark
blood would wipe away the stain / Of prejudice, and hate, and the false color
line – / And give us the rights that are yours and mine»[4]– the panoply of citizenship
rights proclaimed on paper remained largely a dead letter until the civil
rights movement turned race into a pitched political problem in the 1950s and
1960s. Presidents Kennedy and Johnson, and the Supreme Court guided by Chief
Justice Earl Warren (1953–1969), responded to the race problem with
considerable effect, invalidating Jim Crow laws – as in the famous decision Brown
v. Board of Education (1954), which rejected the doctrine of «separate but
equal» in public schools – and passing new legislation, such as the Civil
Rights Act (1964) and the Voting Rights Act (1965). The former gave
rise to government agencies such as the Equal Employment Opportunity Commission
(EEOC) and programs such as affirmative action, which even the conservative
President Nixon felt compelled to continue. The color line denounced by Du Bois
a half-century earlier had begun to fade, at least in its formal, institutional
contours, if not always in its cultural figurations.
Much
progress has been made in the inclusionary process since the good old bad days
of Jim Crow prejudice and errant knights of the Ku Klux Klan riding under the
moonlight for the cause of white supremacy, and who left hanging from the
southern trees so much of that “strange fruit” – bloodied and twisted – that
Billie Holiday sang about with such icy emotion. Yet, that the problem of race
is still palpable was made evident as the world witnessed the incredible exodus
of persons, mostly black, who were trapped or forced to flee from the flooding
in the wake of hurricane Katrina in August 2005. These ghastly events have
prompted many to ask whether the great problem of the new century upon us will
be, as Du Bois had said of the twentieth, the problem of the color line. But
even before the ravages of the hurricanes in the Gulf States forcefully brought
the perduring problems of color and class to the public’s attention, in the
eyes of many, the new millennium got off to an inauspicious start with regard
to matters of race – and through no fault of Mother Nature.
The
Supreme Court’s decision in Bush v. Gore, which ended the recount of
ballots in Florida and in effect decided the presidential elections of 2000 in favor of George W. Bush, was rife with racial implications. While the Left was generally
angered by the Court’s biased intervention, blacks were particularly outraged,
for the election itself had been marred by fraud, intimidation at the polls,
and the disqualification of thousands of ballots cast by African-Americans in
Florida – and this, little more than three decades after the Voting Rights Act
(1965) had sought to secure the effective participation of blacks hitherto
excluded from the political process. In fact, the report issued by the United
States Commission on Civil Rights, the agency charged with investigating cases
of discrimination according to race, ethnicity, sex, age or religion, found
many instances of voter disenfranchisement in the elections of 2000, and that
these infractions penalized black voters disproportionately compared to other
ethnic groups. More striking still, however, was the silence of Democratic
senators as members of the Congressional Black Caucus rose one-by-one to
contest the certification of Florida’s electoral votes, only to find that none
of their putative political allies was willing to co-sponsor the objections of
their colleagues who represented a segment of the electorate that cast the vast
majority of its ballots for Gore (Bush garnered a meager 8% of the
African-American vote).
While
signs of an impending conservative backlash were already visible in the
Republicans’ Southern strategy in the 1964 presidential election –
adopted precisely at a moment of significant civil rights gains – it was not
until the 1980s that this movement achieved full momentum. During these years,
the Right was strikingly successful in recasting its long-standing indifference
to questions of racial justice in the purportedly neutral terms of free market
ideology. A general prejudice for the mysterious mechanisms of the «invisible
hand» was thus allied to – and provided a moral and political rationalization
for – the particular hostility that the Right has often displayed toward
government actions aimed at redressing racial inequality.
The
Clinton years may have slowed this reactionary movement, but they did not stop
it, for by this time the Supreme Court was headed by the Chief Justice William
Rehnquist, a jurist who, as a young clerk for Supreme Court Justice Robert
Jackson in the early 1950s, authored a memorandum arguing that the «separate
but equal» doctrine of Plessy ought to be upheld. Rehnquist’s opposition
to civil rights legislation, advanced under the banner of “federalism,” further
legitimated conservative views and emboldened the movement to push for an even
more reactionary jurisprudence. Thus while the commitment to federalism often
served – at least since the Dixiecrats’ defection in the name of “states’
rights” during the 1948 presidential election – as an ideological subterfuge
for local prejudice and the defense of white supremacy, its appeal on the Right
eventually superseded this original intent, as fundamentalist Christians found
it useful in their cultural war against any civil rights legislation standing
in the way of their theocratic aspirations. With George W. Bush firmly
installed in the White House in the aftermath of the elections of 2000, the
conservative counter-revolution could resume from where the elder Bush had left
it at the beginning of the Clinton parenthesis.
But
while the Republican Party’s Southern strategy seeks to exploit white
resentment at the progress of blacks and ethnic minorities, the policies
assumed by Republican presidents since the 1960s could never be so openly
bigoted and had to eschew the symbolic forms of racism that are so pervasive
during electoral campaigns. Thus the various efforts to dismantle civil rights
programs have been couched invariably in the universalistic language of free
enterprise and a “colorblind” society. “Reaganomics” may be the term originally
employed to describe this veiled retreat from racial justice in the service of
(generally white) upper-class interest. But as Reagan’s policies buckled under
their own contradictions – even the first President Bush had dubbed them
«voodoo economics» – and augmented the (generally black) ranks of the
disadvantaged underclass, another moniker had to be sought to make such a
laissez-faire approach more broadly palatable.
For
the younger Bush, this sort of politics would be described as «compassionate
conservativism» and would combine drastic cuts in federal social programs and
welfare provisions with an expanded reliance on “faith-based” organizations to
provide for the poor. The full impact of these policies on the poor was not
widely evident until Katrina’s waves thrashed the conservatives’ article of
faith that Christian charity could substitute for the universal commitments of
the welfare state. Despite the initial outrage these events unleashed, Bush
continues the relentless march backwards initiated in 2000 by cutting taxes for
the rich, scaling back social spending and welfare provisions, seeking to
privatize public programs, waging legal assaults on affirmative action and
following a blindly punitive approach to crime and punishment which is premised
on a deceptively simple application of the Biblical morality that would pursue
justice by exacting «an eye for an eye, a tooth for a tooth». But as the prison
population swells with African-Americans and other ethnic minorities, and the
ratio of those felled by the death penalty is ever more skewed against persons
of color, it is becoming increasingly clear that the lex talionis does
not strike in a colorblind way in America and that the conservatives’ answer to
the old “social question” is dubious at best.
None
of this portends well for race relations in America, much less for the goal of
African-Americans to become more fully members of civil society. Worse still,
in the aftermath of the attacks of September 11, 2001, the conservatives’ call
to rally tightly around the flag in support of America’s wars in Afghanistan
and Iraq has made criticism of the Bush administration’s misguided policies
increasingly difficult, for Republican politicians and their conservative
attack dogs in the media are ever-ready to pounce and denounce – with Pavlovian
punctuality – any dissent from the Right’s reactionary agenda.
In
the conservatives’ ideology, all politics has become subsumed under the demands
of the presumed “state of exception”, for which the president requires carte
blanche in all affairs, both foreign and domestic. In this atmosphere thick
with political conformism and the nearly obsessive attention devoted to
terrorism, the pursuit of racial equality seems more than ever a distant dream
for the many who still seek it. Indeed, a number of indicators tell the
frightening tale of history turning backward, repelled more by a climate of
indifference than by the explicit legal provisions common during the Jim Crow
period: schools, universities and city neighborhoods are once again segregating
according to race; the increasing gap between rich and poor over the last
decade has been particularly pronounced among blacks and ethnic minorities;
discrepancies in criminal sentencing in the “war on drugs” continue to treat
blacks more harshly than whites; and the consensus that had been developing in
the 1990s regarding the need to eliminate racial profiling seems to be slowly
crumbling as vast numbers of people – blacks included – are now apparently more
willing to countenance this practice when employed against anyone with Arabic
traits.
Yet
as the “war on terrorism” ensues, anyone concerned about the fate of American
society would do well to keep in mind that the strength of a nation cannot be
measured by the impregnability of its fleets, the sturdiness of its armies, or
the compactness and conformity of the citizenry to a particular program or
party. Today’s plutocrats who so assiduously demand sacrifice from the poor and
urge us to fight enemies abroad and at home do not seem to grasp that the “we”
in whose name they are calling up arms must extend beyond the ranks of the
white and wealthy to embrace the whole human family, otherwise the very concept
of political obligation risks losing its meaning.
The
paladins of patriotism ought perhaps to reflect upon the superb words of
Langston Hughes who, in a poem of remarkable civic spirit, punctured the
hypocrisy of such demands for sacrifice – made invariably by «those who live
like leeches on the people’s lives» through «the rape and rot of graft, and
stealth, and lies» – and accentuated the discrepancy between the imperfect
reality of America and the utopian potential of its universalistic norms.
«There’s never been equality for me, / Nor freedom in this ‘homeland of the
free’», he stated roundly. And yet, even as Hughes declared that «America never was America to me»[5],
he refused to renounce its promise of liberty, justice and equality or
surrender to the powers that would seek to subjugate the powerless. In light of
the scenario sketched, the story of racial inclusion in the United States remains regrettably unfinished and Hughes’ plea still rings with great
urgency today:
«O, let America be America again –
The land that never has been yet –
And yet must be – the land where every man is free.
The land that’s mine – the poor man’s, Indian’s, Negro’s, ME–»
E-mail:
[1] W.E.B.
DU BOIS, The Souls of Black Folk, Penguin Books, New York 1989, p. 13.
[2] F. DOUGLASS, The Right to Criticize American Institutions: speech before the American Anti-Slavery Society, May 11, 1847, in Frederick Douglass: Selected Speeches and Writings, eds. Y. Taylor – P. FONER, Lawrence Hill Books, Chicago 1999, p. 77.
[3] W.E.B. DU BOIS, The Souls of Black Folk, p. 5.
[4] L. HUGHES, The Colored Soldier, in The Collected Poems of Langston Hughes, eds. A. Rampersad – D. Roessel, Vintage, New York 1994, p. 147.
[5] L.
HUGHES, Let America Be America Again, in The Collected Poems of
Langston Hughes, pp. 189–91.