Extemporaneous musings, occasionally poetic, about life in its richly varied dimensions, especially as relates to history, theology, law, literature, science, by one who is an attorney, ordained minister, historian, writer, and African American.
Wednesday, November 19, 2014
UNCONSTITUTIONAL BURDENS OF PROOF
Unconstitutional burdens of proof
Far too long, the "burden of proof" has been placed upon each black person to show themselves worthy of the basic rights, privileges and immunities of American citizenship.
Worse yet, each has also borne the responsibility for the conduct and achievements of others in their race.
Neither such burden is bestowed upon the "white" citizens. They are bestowed all rights, privileges and immunities of American citizenship unconditionally and indiscriminately, without any racial imputation for the conduct or achievements of other white persons, unlike the blacks.
In short, each black person has historically borne a burden of proof for the whole race, and for each member thereof, while whites have had no like or similar burdens, being responsible for themselves alone.
The disparate and ludicrous nature of these ridiculously impossible "burdens of proof" that the black race' has had to assume, jointly and severally, on behalf of themselves, and on behalf of each individual member of the race is illustrated below, by this quoted excerpt:
"Inspired by wise and responsible leaders, the freedmen of the South were to effect a revolution from within. Once they proved themselves capable of high moral and intellectual achievements, honesty, self-restraint, integrity, thrift, economy, and enterprise, all the 'theories of inferiority 'would pass away into 'endless forgetfulness.' [Alexander] Crummell 's nationalism was a temporary detour or an indirect route to the goal of equal rights and integration into white society. What is needed, he explained, is that 'we should rise to such elevation that the people of this land be forced to forget all the facts and theories of race, when they behold our thorough equality with them, in all levels of activity and attainment, of culture and moral grandeur.'"
P.16, CIVILIZATION AND BLACK PROGRESS; SELECTED WRITINGS OF ALEXANDER CRUMMELL ON THE SOUTH, "Introduction," edited by J.R. Oldfield (University of Virginia Press:1995)
Alexander Crummell was a black Episcopal priest from New York, who studied in New England and at Cambridge; who lived for periods of years in England and in Liberia, where he pastored; and finally in Washington,D.C., where he also pastored, and founded the short-lived American Negro Academy, all within the fervent nineteenth century.
Whence this "burden of proof?" Was it imposed by whites or was it simply assumed by the blacks? What is its source? It is neither rational, sustainable or even attainable!
Whatever its provenance may be, it is certainly not in the U.S. Constitution!