


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.



"What man has done, man can do," we may be prone to say.
But then there are the pyramids of Kemet and Kush.
Those exquisitely cut, meticulously placed, massive limestone, sandstone, granite blocks, sealed without mortar. These blocks had been quarried, then ferried from hundreds of miles away by Nile River barge. These megatons were then precisely cut stones were pointed toward stellar constellations in perfect geodesic, geometric, patterns that meter the realm of the divine on earth. Their incomparable mathematical, astronomical accuracy marvel us thousands of years, incomprehensibly, blubbering over 5,000 years later! Surely these were men and women who were one with nature, one with God, like us before! But, what manner of man, what manner of woman, were we in that vastly different time?
AFRICAN AMERICAS' AGGREGATES
Disaggregation is the opposite of aggregation.
Aggregation is gathering. Disaggregation is scattering.
In that most African Americas' efforts to aggregate to liberate in the Americas are deemed to be threateningly hostile, historically, by our expropriators, our Americas' enslavers, and have been crushed, except for 1791-1804, in Haiti, we are left with the much less desirable--though no less achievable--disaggregation options to pursue in our firm unrequited quest for African Americas' restitution and freedom.
“Disaggregation” is that singular, but indivisible, effort which is jointly invisible, indiscernible as such. It is our individually performed, personally realized self-ambitions, our self-goals, our duties to ourselves, first. Then, that seeming group “disaggregation”, while ostensibly achieving our own unique personal victories, is that which "magically" attains unto broader African Americas' victories. However, it must yet be accompanied by the prudent austerity of avoiding self-congratulatory braggadocias: as caveats for effectively restoring African Americas' solidarity, liberty.
In effect, our ‘disaggregation’ is disssembling. Thus, ‘aggregation’ is reassembling while still dissembling (hiding) individual efforts in service, in production, in unity, in the African Americas.
But wait! Are we not now, in 2019, disaggregating and reaggregating ? Yes. And have we not been doing so since 1619, in the United States of America, at least? Yes! We have been doing so, autonomously, even if their integrally linked disassembly-reassembly processes of life and death, less by more, were unrecognized, hence, also unnamed.
Without a name we did not know them, philosophically, ontologically, even if we may have intuitively grasped them.
"Scattered and peeled" we knew we were; we know that we are; but does disaggregation lead to aggregation? "In that time shall the present be brought unto the LORD of hosts of a people scattered and peeled, and from a people terrible from their beginning hitherto; a nation meted out and trodden under foot, whose land the rivers have spoiled, to the place of the name of the LORD of hosts, the mount Zion." Isaiah 18:7. We have observed recurrently this "disaggregation-reaggregation" phenomenon in nature, in the heavens among the stars, but yet unperceived, if conceived, was the same natural African Americas' pertinence to ourselves. The pendulum always returns to its balance point. Nature returns to its source.
New International Version
"Now the LORD God had formed out of the ground all the wild animals and all the birds in the sky. He brought them to the man to see what he would name them; and whatever the man called each living creature, that was its name." Gen. 2:19.
Now at least we have a name for our historic dissembling, for our secret aggregations of knowledge, power, wealth, resources, faith, hope, love.
“Aggregation by Disaggregation.” Our, also natural and divine, seeming inversion of expected outcomes is like the reassembling toys purchased at Christmas; like sewing holy garments by God-given patterns .
Amen 🙏


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COLONIAL COLOR-CODED CARD TRICK
Reshuffling the deck was the tricky legerdemain that was played in the Chesapeake Bay after the 1660s in response to the nearly successful revolution by indentured servants @ the British colonial rulers in Virginia.
English, Scotsmen, Welch, Irish, Europeans became “white” under the political colonial reshuffle.
African indentured servants became the “blacks.” Divided by color, the threat of revolution (“Nathaniel Bacon”) to colonial rule was defeated. Former indentured servants, former equally yoked and former allies in oppression, became thereafter enemies in the colonial political reshuffling of the deck.
Former “free law” emoluments like land , seed, tools, dray animals that were given only to the “whites”, put additional distinctions between the now “white” and now “black” folks.
Previously all indentured servants of any color had been given “free law” earnings at the end of their contractual term of indenture. This grant had helped the newly freed men to get a new start on their own.
But now the “blacks” became slaves for life under the new perverse colonial dispensation , as reified by law: judicial, legislative, religious, trade, cultural, education.
Whites became fellow citizens, who were freighted with voting privileges if they owned sufficient property.
Of course a panoply of other laws were put in place to frustrate the rejoining of former indentured servants . Interracial marriage was outlawed. The one-drop of African blood rule was adopted to clarify coverture, descent , distribution. Moreover blacks could not inherit, nor contract , nor bear arms, vote or enjoy any incidents of citizenship.
Indeed, blacks became something other than human in the popular cultural conceptional expression. The book, NOTES ON THE STATE OF VIRGINIA (1785) by Thomas Jefferson, in “Query XIV” directly states that black women are akin to Orangutans. His Sally Hemings was therefore an orangutan like he was!
The color divided America’s early colonists to perpetuate power in the elite. Enslaved blacks proved to be pliable, inventive, moral, profitable, prolific in reproduction, smart. So the color system that was designed to prevent revolution among the lowers sustained itself through the Civil War down to the present day.
Another merit paradigm must be conceived to replace the old black white political one, for America to shake free of the baleful color coded disability under which it has labored so long. The Declaration of Independence is as good a place as any to begin our national renewal.
(By the way , our “Declaration” was written by iconic pamphleteer, Thomas Paine, not Thomas Jefferson , as falsely claimed. Thomas Jefferson was one of five men on a Continental Congress editing committee—with Benjamin Franklin and John Adams—who edited the original 86 times before it was finally promulgated as it is.)
Bubble love. Airtight. Skintight. Aloft . Wind blown . Glistening gleaming, radiating iridescently, peacefully.
Bubble love. Chaste . Forlorn. Love. Hopeful hopeless love. Inflated by social pressure. Sealed by sincerity.
Bubble love. Romantic not tragic. Inspiring not despairing. Evocative not provocative. Secret erotic love is the bubble love of which I sing.
Bubble love. Divine not sacerdotal; aloft not aloof. Palliating mediating insinuating love. Not lust. Lush not plush. Quietly mutually intuitive . A force of nature. An ineffable force.
https://www.washingtonpost.com/outlook/2019/10/01/why-donald-trump-is-much-more-dangerous-than-andrew-johnson/?fbclid=IwAR1OTOQqRtEKkhNXJu4-PHc0_IqYIdpGTTDJjXRY_qQxGhdShh2FsVdcp8c
https://www.civilized.life/articles/6-facts-about-how-cannabis-was-used-in-ancient-egypt/



AS GOES AND COMES THE NILE, SO GOES AND COMES HUMANITY, CIVILIZATION, GOD'S VISITATION THROUGH NATURE ON EARTH.
BURDENS OF PROOF IN RACE CASES ARE UNFAIR
The different burdens of proof at trial are where the true burdens began for blacks litigating civil rights claims in federal court: “Burdine” was the case frequently cited.
These standards were established by the United States Supreme Court in a series of cases starting with Green v. McDonnell Douglas in the 1960’s.
Tomorrow, it will (or may) confront its legacy in the Byron Allen v. Comcast et al. case. In this case the question of the proper burden of proof for black litigants is dramatically, spectacularly, presented yet again. Whether race must be proven by the plaintiff to be the “sole cause” of the alleged discrimination is the most pressing procedural issue that is pending.
This disparate burden of proof has been imposed on the plaintiffs not only in “failure to contract cases,” like Byron Allen’s, under the Civil Rights Act of 1866 (amended by Congress in 1991); but the same unfair and unfavorable burdens of proof has been applied perniciously, consistently in cases under Title VII of the Civil Rights Act of 1964, in discrimination law suits by blacks.
Women—white women—who were benign beneficiaries of the black litigation experience by, political legerdemain, have not been, thus far, subjected to the same proof burdens as less-fortunate blacks.
Even in criminal murder cases , “intent” may be inferred from the circumstances, unlike civil rights cases involving black plaintiffs, who must “prove” defendant’s “intent!”
Those few of us lawyers who were foolish (and conscientious) enough to pursue civil rights law for a living know these are facts, all too well!
When we civil rights lawyers fled the federal courts for state courts, seeking a respite from relentless bigotry in legal procedural burdens, then, invariably the big defense firms’ well-heeled counsel would “remove” our fugitive state civil rights cases into federal courts, with us kicking and screaming !
There they could easily get Rule 56 “summary judgments” against the blacks without trials, based on filing affidavits of non-discrimination and relying on the impossible procedural burdens of proof that were applied to the blacks, exclusively ! These unfair proof burdens had already been imposed on us by Supreme Court or by most lower federal circuit courts of appeals, whose cases the Supreme Court refused to review, or denied certiorari to.
These burdens of proof were unique to blacks in civil rights cases. It was as though the black plaintiffs were defaming corporate defendants by even daring to sue them for their discriminatory deeds, per law.
Many of us civil rights lawyers (black and white) were punished, were victimized by the imposition of monetary sanctions that we had to pay to stay licensed, for daring to sue for discrimination, pursuant to law. Sometimes even our own clients would file bar complaints against us after losing a contingent fee case, (that we had urged them to settle) or were sanctioned by the bar for seeking to withdraw from a doomed civil rights case under the circumstances, as happened to me!
The point being missed in much of public discussion about 42 U.S. C. 1981, is this procedural one that kills the cases, while dissembling fairness! Watch carefully how the Court rules on the burdens of proof.
Will the plaintiffs have the burden of proof about race put on the same plane as other civil litigants? Will the Court rule that “race” (intent) was the sole, only,

factor leading to Byron Allen’s denial of access on Comcast and Charter’s cable servers? Or might the court rule that race discrimination may be proven if race (intent) was merely a motivating , not the sole factor, and thus affirm the Ninth Circuit ruling.
Even if Byron Allen wins, he must still convince a California jury on a trial of the merits that race was a factor in his non-selection by the cable giants, itself, a very tall task!
