by Alton H. Maddox, Jr.
If President Barack Obama had appointed a cabinet of Black militants, he would at least be clear that he is unable to satisfy most whites and, particularly, white conservatives. Mr. Obama believes that you must cooperate with white racists for the sake of racial harmony. I was given the same advice in Howard Beach and in Tawana Brawley.
June 28, 2012 should be a date that Blacks analyze studiously. There were no victories for Blacks and Mr. Obama’s daughters. The U.S. Supreme Court paved the way for Blacks to return to Jim Crow under its strict interpretation of the Commerce Clause. Mitt Romney implemented the spirit of “Obamacare” during his stewardship of the Commonwealth of Massachusetts.
If Blacks had known anything about the Commerce Clause, they would have encouraged President Obama to stay away from it. It would give Chief Justice John Roberts an opportunity to replay the role of Justice Joseph P. Bradley of the U.S. Supreme Court after he engineered the Tilden-Hayes Compromise in 1877. History is repeating itself.
National Federation of Independent Business et. al. v. Sebelius, Secretary of Health and Human Services ruled the Patient Protection and Affordable Care Act unconstitutional under the Commerce Clause. This ruling by the U.S. Supreme Court raises serious questions about the constitutionality of the Civil Rights Act of 1964. Blacks may be headed back to the rear of restaurants. A civil right is not a constitutional fixture.
The U.S. Department of Justice was established during Reconstruction not to enforce the newly-created rights of persons of African ancestry but to make sure that the dictum of Chief Justice Roger Taney would always be correct: “No Negro has any rights that whites are bound to respect”.
Alexander Hamilton Garland aided and assisted the Confederate States of America. This was treason. President Andrew Johnson pardoned him and he became Attorney General of the United States. For Blacks, this was like putting the fox in charge of the hen house. He laid the groundwork for the demise of Reconstruction. Garland is revered in the annals of the federal government.
In the history of the United States, there has never been a U.S. attorney general who openly pledged to enforce the civil rights of descendants of enslaved Africans. Attorney General Eric holder is feared to be an exception.
The “ballot” and the “bullet” are the two components of citizenship. Negro preachers have urged all Blacks to toss away their bullets and they have worked with Republicans to disenfranchise Blacks. See, for example, Bush v. Gore.
Rep. Darrell Issa of California is Chairman of the Oversight & Government Reform Committee and, in that position, he is leading the assault on Attorney General Eric Holder for his alleged involvement in “Fast and Furious”, the gun-tracking operation which is patterned after a similar program under Bush 43. This is of no moment to Rep. Issa, however.
The 49th Congressional District, which Rep. Issa heads, has a heavy concentration of Latinos and the congressional district is mostly non-white. This has not stopped Rep. Issa from irritating the Obama Administration. Latinos lack the political consciousness to match their potential influence with their numbers. Rep. Issa is safe for another decade.
The U.S. Supreme Court decision in “Obamacare” and State v. Zimmerman should be of great concern to all participants. It should be remembered that “all that glitters is not gold”. Chief Justice John Roberts has no intention of aiding the presidential sweepstakes in Mr. Obama’s favor.
The Civil Rights Act of 1964 is based on the Commerce Clause only after the U.S. Supreme Court in the Civil Rights Cases in 1883 said that since Blacks were not citizens, the Civil Rights Act of 1875 was unconstitutional under the Fourteenth Amendment. Justice Joseph Bradley said that Blacks should no longer be “the special favorite of the laws” under the Fourteenth Amendment.
The ruling on Thursday has invited conservatives to revisit the Civil Rights Act of 1964. Congress has no power to order, under the Commerce Clause, a person to secure health insurance. A similar argument can be made about the public accommodations law. American jurisprudence is about the interpretation of power. It is not about good and bad white folks or personal feelings.
A Florida judge will gave George Zimmerman a second bite at the apple only after the special prosecutor has refused to follow Florida law and to charge him separately with submitting perjured information in a bail application.
In this regard, Florida is prosecuting George Zimmerman’s wife even though it was his bail application. Both will leave Florida smelling like roses, with a pocket of gold obtained by fraud. Zimmerman is a vigilante and the sentiments of Florida are with him.
This is a “must” town hall meeting. We must allow foresight to lead us and not to follow hindsight. At the end of the town hall meeting, the participants will agree that those who chose to abstain missed out on a lot. This is not a partisan meeting. Our lives are at stake and, unlike Zimmerman, we will not enjoy a second chance.
In early June 2012, I planned a town hall meeting at the Elks Plaza in Brooklyn to take place on June 30, 2012. The Elks Plaza was torched on June 26 KKK-style. By law, the U.S. Supreme Court had to clear its docket by June 29 and it became apparent that the “Supremes” would save the best for last; that is, a new interpretation of the Commerce Clause.
This ruling was going to be big for Blacks. In 1883, the U.S. Supreme Court said that because Blacks were not citizens as Chief Justice Roger Taney had already told our revered ancestors in Dred Scott in 1857, any subsequent constitutional amendment had to take a backseat to Dred Scott. I knew that the “Supremes” would use “ObamaCare” to define our new “rights”. Congress had no right to write public accommodations legislation.
I chose to attend the University of Georgia Law School because it was founded by the Cobb brothers, the leading authorities on the slave codes. It was at the University of Georgia that I was taught that the Fourteenth Amendment had to play second fiddle to Dred Scott. I received a great legal education in Athens. Dr. Khallid Muhammad was murdered in Cobb County by design.
The professors at Georgia also introduced me to Dred Scott. This decision was still unknown to most Blacks when I arrived in New York City in the 1970’s. Malcolm X used slavery but not Dred Scott as a frame of reference. After I read and studied it at Georgia, I was ready to practice law. The law, however, required me to get a law degree. I had only gone to law school to represent descendants of enslaved Africans.
Our revered ancestors were alarmed by Chief Justice Roger Taney’s “scholarship” in Dred Scott. This ruling rather than the Emancipation Proclamation prompted them to “save the Union”. Some Blacks decided to jump ship. They fled to venues like Haiti or the “Motherland”.
Since 1857, our struggle has centered around Dred Scott. After the Civil War, the “Supremes” announced that the Confederate States of America had won the Civil War. The Republican Party had only won the battle. The Democratic Party had won the war. This decision was reflected in the Compromise of 1877. Blacks were not at the bargaining table. It has been down hill for Blacks ever since.
In 1964, Blacks decided that, if we cannot beat the Democratic Party, we should join it en masse. We would put all of our political eggs in one basket. Beforehand, President Lyndon Johnson, an arch-segregationist, had gone fishing with two baits: The Civil Rights Act of 1964 and the Voting Rights Act of 1965. Johnson hit pay dirt.
Now, Blacks should use the tool of comparative analysis to see the light. Dred Scott was written by Chief Justice Roger Taney. National Federation of Independent Business v. Sebelius was written by Chief Justice John Robert. Both opinions are lengthy with varying views from members of the “Supremes”.
The gory details will follow in other decisions. The “poison pill” is so strong that it must be administered to Blacks in doses. “Plantation politics” will not save us. “Silver rights” leaders will not save us. The “Supremes” intend for Justice Clarence Thomas, a product of Loving v. Virginia, to deliver the fatal blow. The Tea Party wins.
Too honest for the White Press and too black for much of today’s Black Press; bullet columnist Alton Maddox upsets the same people and status quo as he did as an uncompromising Defense Attorney. He is also a founding member of the Freedom Party. Please sign his Petition to save “Like It Is.” Contact him at c/o UAM P.O. BOX 35 BRONX, NY 10471