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.
Friday, May 8, 2015
VERBS FOR LEGAL NEGATION AND TRUNCATION OF BLACKS' RIGHTS
VERBS FOR LEGAL NEGATION AND TRUNCATION OF BLACKS' RIGHTS
"Separate dissociate dissect dissolve deconstruct parse divide & destroy"
The verbs listed above describe the deductive process by which remedial Civil War-era laws and Amendments passed by Congress and ratified by the States were negated or effectively truncated by the U.S. Supreme Court.
It began its assault softly, subtly with the facially non-racial, "Slaughter House Cases" from New Orleans, Louisiana, that involved butchers of that Crescent City's livestock in 1873.
In those cases which were brought by a former Supreme Court Justice named John Archibald Campbell, who detested blacks, as well as radical Reconstruction's investing of any blacks with citizenship rights, he sued pointedly under the Fourteenth Amendment to stop his independent butcher clientele from having to rent butcher stalls in the new, municipally-owned rendering plant. Previously, they had slaughtered their animals north of the city, not south of it, so that the offal and effluvia had contaminated the water supply that was drawn from the Mississippi River.
Campbell wanted his clients to be free to run their own shops south of the city, to solve the offal problems causing repeated cholera outbreaks there, without renting from the city.
Now, Campbell could have sued under any number of common law theories or even may have sought equitable relief. But, he purposely chose the brand new Fourteenth Amendment because he knew the judicial temperament of his former colleagues toward blacks, for whose special benefit the Fourteenth Amendment was passed after the Civil War. And he wanted to muck it up, and preclude its value to blacks.
This venal Confederate, Campbell, was one of white supremacists' leading obstructionists to the "rights" of blacks. Not only did he rule against Dred Scott's bid for freedom in 1857, while on the court, which, in part, launched the Civil War; but, after resigning therefrom with the outbreak of war, he served in the Cabinet of Jefferson Davis in the Civil War.
Even more importantly than all of that, was the deceitful lawsuit that he filed under the 14th Amendment in the Slaughterhouse Cases, which involved no blacks, at all! That combined case, operating by inference and analogy, derailed the 14th Amendment's salutary purposes for blacks and shoved them into a swill of constitutional slough, instead!
The Supreme Court whose sitting justices had actually lobbied for John A. Campbell's appointment to the Court, slyly decreed that the 14th Amendment protected federal rights only, which were very few in number, all others were states' rights, which the 14th Amendment did not reach! This line of thought and rubric was followed by the Court and lower state and federal courts, well into the 20th Century. Thereby, "Jim Crow" law,
and the nullification of the post-Civil War Amendments overspread America, like a noxious plume, thanks to John A. Campbell and his racist judicial cronies sitting on high!
http://en.m.wikipedia.org/wiki/John_Archibald_Campbell
Such sneaky, dissembled, litigation is still being filed in John Campbell - like fashion to scuttle the voting, political, economic, educational, legal rights of blacks by various well-funded interest groups and/or think-tanks of all kinds!
Meanwhile the blacks and their civil rights, or other organizations, are either too oblivious of history to be cognizant of these occurrences; or worse yet, they are too conflicted or compromised by their non-black funding sources, including secret payments to key persons, to want to fight back, beyond mere lip service!