Legal History References
Law Manipulations Background
Post-Civil-War Systemic Abuses Begin
The Development of
Blacks' Pre-1960's Near
What the Neo-Confederates
Knew About Crime Rates Per 100,000
(Profile of Who Does 90% of Crimes)
Corrupting Lawmaking and Courts
Systemic Racism, 1970's Example
Lessons Confederates Learned
From The 1868 Election
The 1876 Presidential Election
Florida The Most Discriminatory
Ouster Plot 1933
Texas Election 1941
Alabama Attitude - 1964
How Election Fraud Is Done
Details on Banning Disenfranchment
DWB Prevention Laws
|When police tailgate a motorist for a short period, then another, and another, what are they doing? Here is one part of the answer:
“The police officer is reading plate numbers into the radio/computer and waiting for a 'history' on the probable operator, the owner. If the report lists a litany of previous violations, DWI convictions, or outstanding warrant, the officer will concoct a reason to pull the vehicle over.”—Editor, 12 National Motorists Association Foundation News (#1) 13 (Jan/Feb 2001).
Another part of the answer is, especially at night, rushing up close behind you tail-gating. This can provoke you (from fear of unknown vehicle suddenly close behind you, in the dark, with potential for car-jacking or other assault) into 'flight' mode. You may then commit an action (e.g., quick-stopping at a 'stop' sign) leading to an excuse (police claim you didn't stop!) to stop you, ticket you.
“Pretextual traffic stops undermine the legitimacy of the entire criminal justice system,” says John Holevoet, “Racial Profiling and Pretextual Traffic Stops,” 15 National Motorists Association Foundation News (#2) 7 (March/April 2004). Holevoet points out that “the Supreme Court ruled in Whren v. U.S. [517 US 806; 116 S Ct 1769; 135 L Ed 2d 89 (1996)] that traffic stops are constitutional regardless of the officer's motivations . . . even when the traffic stop is consciously being used as a means to an unjustifiable end [result].”
The centuries of law and police abuses show that this system cannot be “reformed.” It must be struck down and banned as unconstitutional, with the appointment of honest judges who will so rule.
And see "Police Officers and the Governments War on You Taking Pictures and Filming Cops."
Testimony Against Building More Prisons
Testimony Opposing Billboards' Racial Targeting
Testimony Against the Gateway Drug
Genuine Crime Prevention—Known Since the 1830's
Victim Bashing, Blaming the Victims
Frederick Douglass, "The Convict Lease System" (1893) Grimké, Archibald Henry, B.A., LL.B., M.A., "Why Disfranchisement Is Bad" (Philadelphia: E.A. Wright, 1904; and in Occasional Papers of the American Negro Academy, reprinted, 1969) (showing harmful effect of disfranchisement on African Americans, the South, and the nation) Grimké, Archibald Henry, B.A., LL.B., M.A., The Negro and the Elective Franchise: A Series of Papers and a Sermon (Washington, D.C.: The American Negro Academy, 1905) Grimké, Archibald Henry, B.A., LL.B., M.A., "The Ballotless Victim of One Party Governments" (1913; and in Occasional Papers of the American Negro Academy, reprinted, 1969) (attacking disfranchisement) Alton F. McIver, Negro Suffrage: A Study of the Constitutionality of Restrictions in the South (M.A. Thesis, Univ of North Carolina, Chapel Hill: 1950) Joseph L. Bernd, Ph.D., Recent Restrictions upon Negro Suffrage: the Case of Georgia (1959, repr. from The Journal of Politics, vol. 21) Edward H. Hobbs, ed., Yesterday's Constitution Today (Mississippi: Bureau of Public Administration, 1960) (including data by Univ. of Mississippi Political Science Prof. Russell H. Barrett, saying "that Mississippi voting laws were designed to discriminate against Negroes and recommended numerous changes ranging from abolition of the poll tax to simplification of the registration forms," cited in Integration at Ole Miss (Chicago: Quadrangle Books, 1965), Chap. 3, p 78. Chapter 1 of Prof. Barrett's Integration cites so-called "Citizens' Councils," white supremacists, and says, "In their early years the Councils worked hard to reduce the number of Negro voters, and within one year in four key counties in Mississippi the total fell by 75 percent. In the most successful [disenfranchisement] effort, in Sunflower County, Negro voters dropped to zero, and the Circuit Court [Voting Registrar] replied when asked, 'No Negro voters. This is the home of the Citizens' Councils.' [citing Memphis Commercial Appeal, 21 August 1955]. In Humphreys County one Negro active in voter registration was killed and another badly wounded, with no convictions for either crime [citing Memphis Commercial Appeal, 22 May 1955]," pp 27-28. Jesse Steiner and Roy M. Brown, The North Carolina Chain Gang: A Study of County Convict Road Work (Negro Universities Press, Westport, Conn, 1927; 1970) (Review) Jeremy Brecher, Strike! (San Francisco: Straight Arrow Books, 1972), pp 67-72 (has quotes from newspaper coverage of disturbances in 1890's Anderson County, Tennessee. The state militia was assigned to escort prisoners to a job site to break a strike. Interestingly, the employee's union showed that they had the militia outnumbered and outarmed. The prisoners were then brought back to prison!) Derrick A. Bell, Jr., "Racism in American Courts: Cause for Black Disruption or Despair?" 61 California Law Rev (#1) 165-203 (Jan 1973) Charles V. Hamilton, The Bench and the Ballot: Southern Federal Judges and Black Voters (New York: Oxford Univ Press, 1973) Steven F. Lawson, Black Ballots: Voting Rights in the South, 1944-1969 (New York: Columbia Univ Press, 1976) Edward Ayers, Vengeance and Justice: Crime and Punishment in the Nineteenth-Century South (New York and Oxford: Oxford University Press, 1984) Abigail M. Thernstrom, Whose Votes Count?: Affirmative Action and Minority Voting Rights (Cambridge, Mass.: Harvard Univ Press, 1987) "The Disenfranchisement of Ex-Felons: Citizenship, Criminality, and 'the Purity of the Ballot Box,'" 102 Harvard Law Review (#6) pp 1300-1317 (1989) Pete Daniel, The Shadow of Slavery: Peonage in the South, 1901-1969 (U of Illinois Press, 1990) A. Leon Higginbotham, Jr., and Greer C. Bosworth, "'Rather Than the Free': Free Blacks In Colonial and Antebellum Virginia," 26 Harvard Civil Rights-Civil Liberties Law Review (#1) 17-66 (Winter 1991) Akhil Reed Amar, "The Bill of Rights and The Fourteenth Amendment," 101 Yale Law Journal (#6) 1193-1284 (April 1992) A. Leon Higginbotham, Jr., et al., "The Law Only As An Enemy," 70 North Carolina Law Review (#4) 969-1070 (April 1992) Edward Ayers, The Promise of the New South (New York and Oxford: Oxford University Press, 1992) Paul Finkelman, "The Crime of Color," 67 Tulane Law Review (#6) 2063-2112 (June 1993) (for example, at 2068-9, discussing presumption of guilt that allowed white citizens to demand from black persons papers demonstrating their freedom) Andrew L. Shapiro, "Challenging Criminal Disenfranchisement Under the Voting Rights Act: A New Strategy," 103 Yale Law Journal (#2) 537-566 (Nov 1993) (This is a most significant article, giving a glimpse of Confederates' manipulation of law-making after the Civil War so as to arrange disproportionate arresting and jailing of blacks (re-enslavement under a new label—prison), and thus take away their right to vote. It is this type of manipulation that abolitionist Michigan tried to head off in 1909 by the law discussed herein and at our many related websites.) David Oshinsky, Worse Than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice (New York: The Free Press, 1996) Alex Lichtenstein, Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South (London: Verso, 1996) Matthew Mancini, One Dies, Get Another: Convict Leasing in the American South, 1866-1928 (Univ. of South Carolina Press, 1996). Paul Finkelman, Slavery and The Law (Madison, Wis: Madison House Publishers, 1996) (Overview | Table of Contents | Introduction) Paul Street, "Race, Prison, and Poverty: The Race To Incarcerate In The Age Of Correctional Keynesianism" (c. 1996) Stephen Hartnett, "Prison Labor, Slavery & Capitalism In Historical Perspective" (c. 1997) Randall Kennedy, Race, Crime, and the Law (New York: Pantheon Books, 1997) Karin A. Shapiro, A New South Rebellion: The Battle Against Convict Labor in the Tennessee Coalfields, 1871-1896 (Chapel Hill: University of North Carolina Press, 1998) Rosalyn Terborg-Penn, African American Women in the Struggle for the Vote, 1850-1920 (Bloomington: Indiana Univ Press, 1998) Virginia Hench, "The Death of Voting Rights: The Legal Disenfranchisement of Minority Voters," 48 Case Western Reserve Law Rev (#4) 727-798 (Summer 1998) Patrica Allard and Marc Mauer, Regaining the Vote: An Assessment of Activity Relating to Felon Disenfranchisement Law (The Sentencing Project, January 2000) National Council on Crime and Delinquency, Youth Law Center, “And Justice for Some” (Washington, DC, 25 April 2000) (Of youths imprisoned with adults, 75% are minority youth. Black youths are overall 600% more likely to be jailed than comparable white youths with identical records.) "The Awful Truth" (2000) ("According to the Sentencing Project, African-American males are incarcerated at . . . more than four times the rate of Black males in South Africa.") Kim Gilmore, Slavery and Prison - Understanding the Connections" (May 2000) Alexander Keyssars, The Right to Vote: The Contested History of Democracy in the United States (New York: Basic Books, 2000) Mary Ellen Curtin, Black Prisoners and Their World, Alabama, 1865-1900: Carter G. Woodson Series in Black Studies (Charlottesville: University Press of Virginia, 2000) Prof. Angela Y. Davis, "Masked Racism: Reflections on the Prison Industrial Complex" (c. 2000) Penny Hess and Omali Yeshitela, Overturning the Culture of Violence (St. Petersburg: BSU Pub, 2000) New Jersey Racial Profiling Archive (27 November 2000) Prof. Anthony M. Platt, "Social Insecurity: The Transformation of American Criminal Justice, 1965-2000 " (December 2000) Tim Wise, "Shot by Cops? Not If You're White" (22 May 2001) See also his "White Privilege Video" “From Alabama's Past, Capitalism Teamed with Racism to Create Cruel Partnership,” Wall Street Journal (16 July 2001) Sasha Abramsky, "Prison Nation: Driven by fear, the US has surrendered to 'Carceral Keynsianism'" (2001) Bernstein, David E., Only One Place of Redress: African Americans, Labor Regulations and the Courts from Reconstruction to the New Deal (Durham, N.C.: Duke Univ Press, 2001) Paul Street, "Empire Abroad, Prisons At Home: Dark Connections" (c. 2002) Hayden, Joseph, “Echoes of Juneteenth haunt us today,” San Francisco Chronicle (19 June 2003); reprinted at demos-usa.org NCADP, "Racial Bias on Death Row" (2003) (“The system has proved itself to be wildly inaccurate, unjust, unable to separate the innocent men from the guilty and, at times, a very racist system,” says former Illinois Governor George Ryan) Prof. Angela Y. Davis, Ph.D., “Are Prisons Obsolete?” (Toronto: Publishers Group, 2003) Street, Paul, “Starve the Racist Prison Beast” (8 November 2003) Hallett, Prof. Michael, “Commerce with Criminals: The New Colonialism in Criminal Justice,” 21 Rev Policy Research (#1) 49-62 (January 2004) Bruce Dixon, "Ten Worst Places to be Black," Black Commentator (Issue # 146) 14 July 2005 Bruce Dixon, "Mass Incarceration is an Abomination," Black Commentator (Issue # 147) 21 July 2005 Margaret Colgate Love, Relief from the Collateral Consequences of a Criminal Conviction: A State-by- State Resource Guide (William S. Hein & Co., July 2005) (has "Executive Summary") Glen Ford, “Mass Incarceration and the Black Elite,” Black Commentator (Radio, 5 August 2005) Maya Rockeymoore, Ph.D., “Vote or Die: The Lessons of Katrina,” Black Commentator (22 September 2005) Jeff Manza and Christopher Uggen, Locked Out (Oxford Univ Press, 2006) Elizabeth Hull, The Disenfranchisement of Ex-felons (Temple Univ Press, 2006) Sasha Abramsky, Conned: How Millions Went to Prison, Lost the Vote, and Helped Send George W. Bush to the White House (The New Press, 2006). American Blackout (25 Jan 2006) (movie that “chronicles the recurring patterns of disenfranchisement witnessed from 2000 to 2004”). This video documentary directed by Ian Inaba, and including information from, e.g., Rep. Cynthia McKinney, begins "with the detailed argument that black voters in Florida were systematically disenfranchised in the 2000 presidential election." The "film then pulls double duty: It's a fine-tooth examination of both the continued, unconstitutional marginalization of black voters in America and the attempts by various political and media machines to crush McKinney in retaliation for her outspokenness on that subject and on the illegality of the war in Iraq." Deborah Davies, “Torture Inc.: Americas Brutal Prisons” (2 March 2006) Stephen Lendman, “The U.S. Gulag Prison System ” (16 March 2006) Tim Wise, "Coloring Crime: Race, Violence and Media Manipulation" (1 June 2006) ("the news media . . . perpetuates racial stereotypes") Tim Wise, "The Oprah Effect: Black Success, White Denial and the Reality of Racism" (28 July 2006) (cites continuing racism, and incompetent denials of same, whereby bigots deem "anecdote" as "not only proof [but] even better proof than social science research and quantitative data [e.g., "statistical evidence," contrary to] the most basic strictures of research design and accepted scholarly interpretation [analysis]” Sasha Abramsky, “Block the Vote: The 10 Worst Places to Cast a Ballot” (Mother Jones, 13 September 2006). Ariel J. Feldman, J. Alex Halderman, and Edward W. Felten, “How to Steal an Election: Princeton: Security Analysis of the Diebold AccuVote-TS Voting Machine” (Princeton University, 15 September 2006) “Debt to Society" (September 2007) (“There are more people behind bars in the United States today than ever before. Since 1980, the inmate population has more than quadrupled to two million—an unprecedented explosion that is incurring unprecedented costs to all Americans.”) Prof. Brent J. Aucoin, A Rift in the Clouds: Race and the Southern Federal Judiciary (Fayetteville: Univ of Arkansas Press, 2007) (H-Law Review by Prof. Lewie Reece: Excerpt: "By 1900, southern states were completing the racial and class-based disfranchisement of both African Americans and poor whites. That was bad enough, but American society in the early 1900s was also deeply committed to the guiding principles of white supremacy. This was in no stretch of the imagination limited to the South. Americans as a society firmly approved of disfranchisement as well as lynching and the segregated racial order. Not only was the Reconstruction effort to craft constitutional racial equality considered a critical error, but in many ways efforts at emancipation itself were deemed erroneous too. The justification of white supremacy was propounded for an enthusiastic audience in a vast array of social scientific literature, law review articles, magazines, and newspapers.") Rebecca McLennan, The Crisis of Imprisonment: Protest, Politics and the Making of the American Penal State, 1776-1941 (Cambridge, 2008). Paul Craig Roberts, Ph.D., "Criminals With Badges" (2 January 2008) ("The American police have never prevented crimes. In olden days, the police solved crimes by finding the guilty party. No more. In our time, the police create crimes. And that is why the US prison population is twice the size of China’s, an authoritarian country with a population four to five times larger than America’s. . . . There you have it. The American Police – "support your local Gestapo" – spend their time engineering false crimes and not investigating real crimes. Americans are more at risk from the police than they are from criminals. . . . Never make the mistake of calling the police, and never get stopped by a traffic cop. You run the risk that he will drop a bag of drugs into your car and arrest you on a drug offense. If you encounter a police officer, be sure you have thousands of dollars with which to buy him off from making false charges. Most police charges are false charges. Americans need to wake up to this fact or the American prison population will outstrip the rest of the world combined." William Poundstone, Gaming the Vote: Why Elections Aren't Fair (and What Can Be Done About It) (Hill & Wang, February 2008) (Interview: "ours may be the worst of all the voting systems in common use"; Review, overemphasizes "spoilers" but does note certain voting system flaws) Douglas A. Blackmon, Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II (Doubleday, 25 March 2008) (Review 1, 2) Charles Lane, The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction (Henry Holt & Company, 2008) (Review 1, 2, 3) (The Supreme Court upheld massacre of blacks in United States v Cruikshank (1876).) Adam Liptak, "Inmate Count in US Dwarfs Other Nations’" (The New York Times, 23 April 2008) ("The United States has less than 5 percent of the world’s population. But it has almost a quarter of the world’s prisoners. . . . The United States . . . has 751 people in prison or jail for every 100,000 in population. . . . The only other major industrialized nation that even comes close is Russia, with 627 prisoners for every 100,000 people. The others have much lower rates. England’s rate is 151; Germany’s is 88; and Japan’s is 63. The median among all nations is about 125, roughly a sixth of the American rate.") Pamela Clark, "An In-Depth Look at the U.S. Prison Industry" (2011) ("The U.S. prison system is the largest in the world, not only in terms of overall number of inmates, but as a percentage of the total population as well. With over 2.3 million people behind bars, U.S. prisoners represent almost 25% of the world's total prison population (the U.S. population is 5% of the world)." "Police Kill Black Person Every 40 Hours" (26 July 2012)
|Some people mention “reconciliation.” Step one is of course, ending the attack in process.
Reconciliation does NOT mean, for example, bankers' reconciliation with robbers while the robbery is in process!
Genuine reconciliation means, first and foremost, stopping the in-process attack(s). Agreed?!! That's step one?
Be assured, if someone professes to advocate "reconciliation," "friendship," WITHOUT mentioning ending the attack(s) in process, he is himself an attacker—aiding and abetting, accessory to same.
This more-detailed explanation is contrary to the lay myths you have heard all your life, so bear with us, keep reading, though every sentence may offend some long-cherished myth.
|"Partem aliquam recte intelligere nemo potest, antequam totum, iterum atque iterum, periegerit."|
No one can rightly understand any part until he has read the whole again and again.
Meaning: Re-read this site, and the references, "again and again" until you understand them in full.
Voting While Black (or Brown)
For background, see references including
|Note the example of the ancient world, "the Germanic tribes of the north" and "the two . . . Germanic tribes, the Angles and the Saxons, [who] settled in England." "By and large, imprisonment was not used as a punishment," say Phyllis Elperin Clark, M.A., and Robert Lehrman, M.F.A., Doing Time: A Look at Crime and Prisons (New York: Hastings House, 1980), p 24. Restitution was made "to their victims," p 25.
So, "we should ask how the idea of prison took root in our culture. . . . for most of Western history, the prison sentence was practically unknown," p 18.
What changed? "When the Normans conquered England in 1066, two different forms of [so-called] justice met. The [power-mad] Norman kings were not 25used to the Anglo-Saxon idea of leaving justice in private hands, but they were quick to see the advantage of fines as a form of punishment. They made one change . . . instead of paying the fines [restitution] to their victims, offenders were now ordered to pay the money to the king," pp 24-25.
One “important factor [in the British monarchy having decided to begin defining crimes] was . . . to build up a strong central government. Acts [previously legal] became crimes.
“As the king [government] became more powerful, legislation against private crime increased and after the Norman conquest [of England by William the Conqueror, 1066] a distinct body of criminal law evolved for the first time. . . ."
“As part of his policy of strengthening the central government, Henry II (1154-89) established the system [leading to modern] judges.
“[In the] reign of Henry VII [1485-1509] . . . a strong central government [did] emerge . . . reflected by a great increase in the types of crimes against which legislation was passed. . . .
“Under the Stuarts [1603-1689; King James I, Charles I, Charles II, James II], the need to raise money for the crown led to [yet more] new crimes being defined.”—“Crime,” Encyclopædia Britannica, Vol 6, pp 754-758 (this quote, pp 756-757) (1963).
One “device of Edward [IV] [1461-1483] for filling his exchequer was a very stringent [law] enforcement [policy]; small infractions of the laws being made the excuse for exorbitant fines. This was a trick which Henry VII. [1485-1509] was to turn to still greater effect.”—“English History,” Encyclopædia Britannica, 11th ed., Vol 9, pp 466-587 (this quote, p 520) (1910).
See also background on "how and why, sometime under the Norman and Angevin kings the payment of weregild and such to victims or their kin was wholly replaced by fines payable to the Crown and corporal punishments not directly profitable," and Thomas Glynn Watkins, The Legal History of Wales (2007) on, e.g., "the gradual abolishment of galanas (the Welsh body-price scheme of payments)."
See also the history of corrupt English judges, by Baron John Campbell, Atrocious Judges: Lives of Judges Infamous as Tools of Tyrants and Instruments of Oppression, edited by Richard Hildreth (New York and Auburn: Orton & Mulligan, 1856), and, for example, the abuses concerning the Trial of Anne Boleyn, pp 85-86 (when King Henry VIII was disposing of his unwanted second wife! When a queen can't get a fair trial, due to the perjury and rigged jury, who can?!)
See also background on
"It's a problem that's faced by police departments in every major city in our country, that criminals infilitrate and sign up to join the police force," says Secretary of Defense Donald Rumsfeld, CXLVI Newsweek, p 23 (10 October 2005).
|This is not to overlook the ego trip, adrenalin rush, and psychopathic elements prevalent among polticians.
Observe especially neo-Confederate politicians. “It is difficult today to comprehend the psychosis of the southern mind. . . .,” says Prof. Clement Eaton, The Freedom-of-Thought Struggle in the Old South (Duke Univ Press, 1940, and New York: Harper & Row, 1964), p 384. P 140 cites them as described as “a set of drunkards, gamblers, and whoremongers,” by abolitionist Daniel Worth. Wherefore due to such factors as that corrosive influence, the U.S.A. is the highest, the worst, in terms of sheer numbers of prosecutions and incarcerations.
Note the Election Fraud committed by the South and upheld by the President in Kansas in 1850's. The government fought for the election stealing. Southerners saw they could continue this type abuse.
For an example of the criminal prosecution system targeting blacks vs whites for same activity, see “Sex Across the Color Line: Marcus Dixon, Emmett Till and the New/Old South,” by Tim Wise, Black Commentator, Issue 71 (1 Jan 2004).
See also Bruce Dixon, "Mass Incarceration is an Abomination," Black Commentator, Issue # 147 (21 July 2005).
For data on the invention of police departments for social control purposes, and on the process of massively increasing arrests by not following the "Good Neighbor" policy (informal actions such as warnings vs outright arrests), see "The Demand for Order and the Birth of Modern Policing," by Kristian Williams, 55 Monthly Review (#7) 16-23 (December 2003).
providing to the freed slaves payment for their labor, in the form of valuables such as jewels, gold, clothing, and supplies. Exodus 12:35-36. killing 10% of the pro-slavery people, i.e., the first-born, about 10% of the 20 million people, i.e., about two million. additionally, killing 100% of the entire slaver army (the Egyptians at the Red Sea, Exodus 14:28); only 25% of Confederate troops were killed. providing land to the freed slaves Joshua 13-22 with the bottom-line resulting in wealth so great that silver was spurned (like stones! or in modern terms, small bills), as gold (large bills) was had in such significant abundance (1 Kings 10:21 and 27 and 2 Chronicles 1:15)!
“We [of the South] have been confronted by the condition of a large, ignorant, debased vote, thrust upon us by the fourteenth and fifteenth amendments. That vote stands as a menace to the freedom, to the purity of the ballot box, to the purity and honest of elections, to sthe decency of government, and it is there forever until there is a constitutional provision made here which will relieve us from it.”—South Carolina Senator Benjamin Tillman (1847-1918), Congressional Record, 56th Cong., 1st Sess., pp 2245, 3224 (1899).
Tillman bragged in 1900, "We have done our level best [to prevent blacks from voting] . . . we have scratched our heads to find out how we could eliminate the last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it." (Quoted by Rayford Logan, The Betrayal of the Negro from Rutherford B. Hayes to Woodrow Wilson [New York: Da Capo Press, 1997], p. 91).
See also his 23 March 1900 Senate speech advocating disenfranchisement of blacks and lynching of those who protested, saying, e.g., "I want to ask the Senator this proposition in arithmetic: In my State there were 135,000 negro voters, or negroes of voting age, and some 90,000 or 95,000 white voters. . . . Now, I want to ask you, with a free vote and a fair count, how are you going to beat 135,000 by 95,000?"
Slavers had lost political power. Slavers had controlled the Electoral College, as noted by Lewis Tappan, Social and Political Evils of Slavery (1843), pp 50-51. They wanted that Slavery Era control of the Electoral College back. How to get it?
"led to wholesale corruption, extensive trafficking in drugs . . . physical abuse of inmates . . . and an abdication of official responsibility and proper supervision . . . rampant homosexual rape of the younger and weaker inmates . . . unrestrained brutality . . . commonplace . . . medical care was virtually unavailable. . . ."
The superintendent (Thomas Murton) of one prison who objected to this type systemic abuse (including use of "the Tucker telephone, a torture device used to send an electrical shock to an inmate's testicles" and requiring inmates "to produce enough . . . income to meet the entire costs of running the facility and . . . whipped for not doing their share") was "rebuked by the governor . . . threatened with arrest . . . fired for offending and embarrassing his political superior . . . subsequently became a criminal justice professor at the University of Minnesota."
For references, here is a list:
|"a colored prisoner farm . . . three miles out of Clarksdale, Mississippi.
"[The author] was the cook's helper, and saw some of what went on. Every time a prisoner came they whipped him, called it 'nitiating' him, to let him know where his whipping post was; and they whipped him again before he went out to work. . . . They'd give him an extra gift for his work. . . . They would make him lay on his stomach crost a barrel, and some would hold his head and the others his feet. And the whipping boss, a white man, would whip him with a strap of leather with round holes cut in it, to make blisters on the skin.
"I saw them whip one man to death . . . morning and night until he . . . just lay in his cage. . . . He couldn't even get [up] to get his food. The feeder wasn't allowed [to help, just] leave the sick man's [food out-of-reach]. I'd [instead] take the bread and roll it up in a piece of paper and throw it to his bunk, like a puppy. They told me I'd get prison for life if they found that out. He died and they buried him in the farm cemetary, just like he was; didn't wash or change him. 'Cause the hole was too short they stomped on him, mashed, tramped, bent him down in there, and threw dirt on him."
—From "The Prison Farm," by Mary Richardson, Item 158 in Richard M. Dorson, PhD (Prof, History and Folklore, Indiana University), American Negro Folktales (Greenwich, Conn: Fawcett Pubs, Inc, 1956, 1958, 1967), p 288.
"Prisoner Abuse and The Drug War -- What You Can Do," by Richard Lake (14 May 2004) "The Dark Side of America: A system to monitor conditions in our prisons, which have grown tenfold over the last 30 years, is long overdue," New York Times (17 May 2004) Prison Lifer Ratio Study," by "The Sentencing Project" (May 2004) (1 in 11 US prisoners is serving a life sentence)
"developed a new form of slavery known as convict leasing. Renting prisoners from the states' overcrowded prison systems provided the contractors with cheap labor and the states with welcome revenue.
"As the demand for convict labor increased, blacks were arrested on ever more petty charges such as vagrancy, fistfighting or carrying a weapon, and shipped off to chain gangs. There they were ill-fed, poorly clothed and brutally treated; the death rate among them ran as high as 50 percent in South Carolina."—Richard W. Murphy, et al., ed., The Nation Reunited: War's Aftermath (Alexandria, VA: Time-Life Books, 1987), p 124.
"Meanwhile the vicious system generated enormous fortunes for some. A planter named Edmund Richardson got control of almost all the convicts in Missiissippi and became for a time the biggest cotton producer in the South; by dealing shrewdly in convicts, Alabama state warden John H. Bankhead grew wealthy on a salary of $2,000 a year; Georgia's . . . political boss Joseph Brown made his postwar fortune with convicts leased from the state for seven cents a day.
"In fact, so many powerful people profited from the system that it took reformers decades to end it." Murphy, supra, p 124. See also Prof. Richard Wormser, The Rise and Fall of Jim Crow (New York: St. Martin's Griffin, 2003) and PBS.
|Salmon P. Chase (1837)||Frederick Douglass (1860)||William Goodell (1852)
||Abraham Lincoln (1854)
||Horace Mann (1849)
||Samuel J. May (1836)
||George Mellen (1841)
||Edward Rogers (1855)
||Benjamin Shaw (1846)
||Alvan Stewart (1845)
||Lysander Spooner (1845)
||Joel Tiffany (1849)|
|“The right of voting for representatives is the primary right by which all other rights are protected. To take away this right is to reduce a man to slavery.”|
|The seceding "red states" resented that the 1860 election was barely won by the anti-slavery-expansion party of Abraham Lincoln. The pro-slavery side running John Breckinridge for President had nearly won. Lincoln had not won a majority of the popular vote, only about 39.8%. Lincoln had barely won a majority in the slavery-dominated Electoral College.
The pro-slavery "red states" side was so dominant, that if just one state, say, New York, had switched sides, Lincoln would not have had an Electoral College majority; and the Presidency under the Constitution would have been decided by the House of Representatives.
“Breckinridge was pledged to take” “pro-slavery actions. He certainly would have appointed pro-slavery justices to . . . the Supreme Court. . . . Breckinridge also favored the admission of New Mexico and other national territories . . . as slave states, so the balance between free and slave states would have been permanently destroyed. [Also a factor] was the determination of Breckinridge [advocates] to extend the empire of slavery by purchasing, or conquering, Cuba. . . . a Breckinridge victory would have assured that the United States remained a slaveholding nation.” Reference: History Prof. David Herbert Donald, “1860: The Road Not Taken,” 35 Smithsonian (#7) 54-56 (October 2004).
The South could easily see that if it could control just one more such state, it could retain control of the nation.
|You may recall that Andrew Johnson was then President having been elected with Lincoln in 1864. Why did his party not re-nominate him, and instead chose Grant? Because Johnson had "sold out," sold out to the South. He sabotaged Reconstruction efforts, ignored the mass violence and lynchings of blacks, ignored the anti-black laws being passed in Southern states, generally took a wicked anti-freedom, pro-South position on every point.
His party saw that he was abandoning its policies, and positioning himself to get Southern votes to be re-elected. He pretended to be trying to unify the country after the War, but in reality, had no such interest.
He had been a long-time illiterate who couldn't read until his wife taught him. He hated blacks. He had had slaves and had typical slaver morals (the webmaster personally knows one of his black descendants!)
Johnson did not care about blacks' rights, so had no moral qualms about selling out America, about taking the immoral point of view. His emphasis was promoting his personal vanity, covetousness, and greed.
As having lived in the "Slave Power," in Tennessee, he well knew the South's long-time lockhold on the federal government and its obsessive pro-slavery policies in defiance of the Constitution.
“The policy of the federal government down through the years, despite several conspicuous exceptions, had been predominantly supportive of slavery. . . . That was the impression given in the national capital . . . . That was the image presented in diplomacy to the rest of the world.”—Don E. Fehrenbacher, Ph.D. (1920-1998), The Slaveholding Republic: An Account of the United States Government's Relation to Slavery, ed. Ward M. McAfee (New York; Oxford: Oxford University Press, 2001).
Johnson was willing to go along, so abandoned his party, so it naturally did not nominate him, but chose war hero General Grant instead.
|Referring to this loophole does not mean that intimidation and mass murders were not also used. But this site focuses on what is continuing to present. Examples of mass murders in the post-Civil-War South are too numerous to list. But here are examples.
Post-war Confederate guerillas went so far in one area as to post a murder notice of killings to "continue until the Radical Party is exterminated . . .," say Prof. James M. Smallwood, Barry A. Crouch, and Larry Peacock, Murder and Mayhem: The War of Reconstruction in Texas (College Station: Texas A&M Univ Press, 2003), p 82 (Review 1, 2, 3). Confederate guerillas "understood the political situation . . . continued to drape themselves in the Lost Cause and posture as Confderate heroes trying to save . . . the old pro-slavery party," p 82. Confederate guerillas "ordered all freedpeople in the area to leave the state altogether . . . disobedience would mean 'immediate, instant death,'" p 82. Unionists realized "that one of the principal objects to be attained by 'the notice and threats to Union men, white and black[,] was to discourage them and tender them powerless at the anticipated Election.'" The Confderate guerillas succeeded, their violent actions "'to compel the Unionists through fraud to leave the country, this having to a great extent been accomplished,'" p 82. Confederate guerillas "searched for any means, fair or foul, to discourage white Unionists and freedmen from voting," p 82.
See also David W. Padrusch, Aftershock: Beyond the Civil War (A & E, 2006), for more on the Confederate violence pattern. For example, Confederates in 1866 New Orleans wounded, shot, and dispersed the delegates to the Lousiana constitutional convention, and their supporters, lest they vote to allow blacks to vote.
"Much more mayhem developed before [one] chapter of the Second Civil War ran its course. Writing . . . in July of 1869, Lt. William Hoffman may have given the best analysis of the turmoil, an analysis that is still thought provoking for those who study the Reconstruction era today. Hoffman said that the Southern rebels' hatred for the white loyalists and for the freedmen was such that it could never be overcome. The freedmen's situation was deplorable, he said, as he echoed the sentiments of all those who had seen blacks robbed or beaten, raped or murdered. White Union civilians were similarly persecuted, with some of their number also being killed. Even worse, Lieutenant Hoffman surmised that the [Confederate] hatred would be passed from one generation to the next: 'The coming generation, children and children's children[,] are zealously reared to the one great tenet: implacable hatred to the [Union] government.' The subsequent history of the South suggests that young Hoffman knew of what he spoke," say Prof. Smallwood, et al, Murder and Mayhem, supra, p 116.
See also Ronald Brownstein, The Second Civil War: How Extreme Partisanship Has Paralyzed Washington and Polarized America (2007).
"Attitudes that provoked the Civil War and still cause much red state-blue state nastiness have never disappeared, whether the issue is race, religion, guns, states' rights, trade, central banks or immigration," a quote from the review by Prof. Geoffrey Wawro of the book by Simon Winchester, OBE, The Men Who United the States (Harper Collins Pub, 15 October 2013). Thus, for example, in Confederate Georgia, a century and half after the Civil War, a Georgia county (Dekalb) still lists "slave" as an occupation on an official government form, the jury questionnaire, says Travis Gettys, "Residents Shocked that Dekalb County Juror Form Lists Slave as Occupation" (27 November 2013).
In Congress, a number of black congressmen, newly elected after the Civil War, sought to prevent this type assault on rights. Laws such as the Civil Rights Act of 1875 and the Ku Klux Klan Act were passed. Click here for excerpts of speeches on same. But the grey vs blue continues even yet, renamed as red states vs blue states.
Constitutionally, of course, the right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. "Once the franchise is granted to the electorate, lines may not be drawn which are inconsistent with the Equal Protection Clause of the Fourteenth Amendment." Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another. See, e.g., Harper v. Virginia Bd. of Elections, 383 U.S. 663, 665; 86 S. Ct. 1079; 16 L. Ed. 2d 169 (1966). But we see here, how easily that constitutional principle has been circumvented in practice.
|The Presidential Elections 1860-1884 Site features cartoons from Harper's Weekly, especially by Thomas Nast, and from Vanity Fair, Frank Leslie's Illustrated Weekly, Puck, and the Library of Congress Collection of American Political Prints, 1766-1876. In addition to explanations of each cartoon, the site has biographies, explanations of issues, campaign overviews, and other relevant information.|
The 1876 Presidential election result was not finally known until two days before Inauguration Day, 4 March 1877. This precedent contrasts with the Supreme Court 12 December 2000, rushing a halt to the vote counting process, weeks before the scheduled Inauguration Day, 20 January 2001.
The 1876 election theft was so notorious as to have resulted in a classic novel, Gore Vidal's 1876: A Novel (New York: Random House, 1976; and London: Heinemann, 1976).
|Southerners had already shown ability to carry on evil for centuries, passing it on to descendants for generations, says George Mellen, Unconstitutionality of Slavery (Boston: Saxton & Pierce, 1841), p 29.
This passing on the Old South's hatreds continues to present (March 2013). See “CPAC Participant Defends Slavery At Minority Outreach Panel” (15 March 2013): “A panel at the Conservative Political Action Committee on Republican minority outreach exploded into controversy on Friday afternoon, after an audience member defended slavery as good for African-Americans. The exchange occurred after an audience member from North Carolina, 30-year-old Scott Terry, asked whether Republicans could endorse races remaining separate but equal. . . . After the exchange, Terry muttered under his breath, 'why can’t we just have segregation?' . . . . ThinkProgress spoke with Terry, who sported a Rick Santorum sticker and attended CPAC with a friend who wore a Confederate Flag-emblazoned t-shirt, about his views after the panel. . . . When asked by ThinkProgress if he’d accept a society where African-Americans were permanently subservient to whites, he said 'I’d be fine with that.' He also claimed that . . . 'all the Tea Parties' were concerned with the same racial problems that he was. At one point, a woman challenged him on the Republican Party’s roots, to which Terry responded, 'I didn’t know the legacy of the Republican Party included women correcting men in public.' He claimed to be a direct descendent of Confederate President Jefferson Davis.”
Wherefore abolitionists had correctly said that "The Slave States are Sodoms, and almost every village family is a brothel," citing "a million and a half of slave women, some of them without even the tinge of African blood . . . prey to the unbridled lusts of their masters."
Naturally, the South hated the "damn Yankees" for spoiling and ending their "fun."
|"We shall, the fair-minded men of the country will, history will, hold that the [Yankee candidates himself and intended Vice-President] were by fraud, violence, and intimidation, by a nullification of the Fifteenth Amendment, deprived of the victory which [we] fairly won."
Note Rutherford's November 27 diary entry: "A fair election would have given us about forty electoral votes in the South. . . . [The racist South has won, has defeated us] by violence, intimidation, and fraud . . . ."
(1) end "Reconstruction," and (2) drop all constitutional enforcement action that would enable blacks to vote thereafter, without being subjected to violence and intimidation.
Sen. Charles Sumner, "OnThe Crime Against Kansas (Senate, Congressional Globe, 34d Cong., 2d Sess., 19-20 May 1856) George B. Cheever, D.D., Address On the Subject of the Iniquity of the Extension of Slavery (Cincinnati: American Reform Tract and Book Society, 1857) Kansas History Online Site, re 16 July 1855, etc. (2006) The Answers.Com Site (2006) Historical Society Site, "Willing to Die for Freedom: A Look Back at Kansas Territory, 1854-1861" (2006) Fort Scott Historic Site on "Bleeding Kansas" (2006) "How Bloody Was Bleeding Kansas?" (2006)
|"The object of these Ordinances is to prevent, if possible, the vending of spiritous liquor to slaves [as] it was found by experience that this [grocer sales] was an easy method of . . . selling spirits to slaves."—City Council v Ahrens, 35 SC (4 Strob) 241, 254, 257; 15 SC Annot Ed 126, 133-134 (Feb 1850).|
|A second constitutional point is this. Remember Prohibition? Re the 'war on alcohol,' why didn't Congress just ban it? Answer: Doing so was deemed unconstitutional.
"Personal liberty, which is guaranteed to every citizen under our constitution and laws, consists of the right to locomotion,—to go where one pleases, and when, and to do that which may lead to one's business or pleasure, only so far restrained as the rights of others may make it necessary for the welfare of all other citizens. . . .
"Any law which would place the keeping and safe conduct of another in the hands of even a conservator of the peace [police], unless for some breach of the peace committed in his presence, or upon suspicion of felony, would be most oppressive and unjust, and destroy all the rights which our Constitution guarantees." Pinkerton v Verberg, 78 Mich 573, 584; 44 NW 579, 582-583 (1889).
Wherefore, an alcohol ban was unconstitutional, unless explicitly constitutionalized, as by the Eighteenth Amendment. The same is true for the other now-illegal drugs--made illegal by neo-Confederates in legislatures and Congress.
University of Wisconsin Professor Alfred W. McCoy, The Politics of Heroin (NY: Harper and Row, 1972), reported government (e.g., CIA, Pentagon) role in drug smuggling. See also Mark Karlin, "How the US Government, Banks, Prison-Industrial Complex, Corrupt Officials, Businesses, Law Enforcement, Racists and the CIA Profit From Illegal Drugs" (22 June 2012) ("US Banks Love Real Dollars, and Illegal Drug Money Comes in Cash . . . Whereas before it was divided primarily among Mafia families in big cities, the Latin American cartels have now set up networks within the US. But one thing hasn't changed; it still takes a lot of corruption to buy off virtual domestic impunity for the kingpins overseeing the domestic sale of prohibited drugs. Searching Google, you can find everything from Transportation Security Administration agents paid off to let drugs pass through airport checks, to cops who look the other way or actually steal the drug money, to border patrol agents letting drugs pass through, to local government officials overlooking illegal activity. However, rarely does one come across the arrest and prosecution of a kingpin in the United States, or of a high-level law enforcement official in a major city or a politician being indicted.") Jonathan Kwitny, The Crimes of Patriots: A True Tale of Dope, Dirty Money, and the CIA (New York: W. W. Norton, 1987) cited, as a Wall Street Journal investigative reporter—and biographer of Pope John Paul II—examples of government officials (Pentagon military, etc.), smuggling drugs into the U.S. and taking action against those rare honest government agents who wanted to halt the drug smuggling. The U.S. Army would take investigators of drug trafficking who caught "seniors" in the military, off that duty, and put them on combat duty! Michael Levine, a retired Drug Enforcement Agency agent, in The Big White Lie (NY: Thunder's Mouth Press, 1993), cited official undermining of the war on drugs, making it an "illusion." "C.I.A (Cocaine.Import.Agency) ...The Drug Affair (part 1)," by "60 Minutes," CBS (21 November 1993) (interviews with CIA Director, Gary Webb, and others) The San Jose Mercury News (California) had a series of articles in August 1996, on CIA complicity in drug smuggling. For example, see the article by Gary Webb, "Shadowy origins of 'crack' epidemic: Role of CIA-linked agents a well-protected secret until now" (19 August 1996). Rodney Stich, Defrauding America and Drugging America: A Trojan Horse (federal inspector-investigator data on CIA, DEA, Pentagon, etc., drug smuggling) Peter Dale Scott and Jonathan Marshall, Cocaine Politics: Drugs, Armies, and the CIA in Central America (1998) (cart) (" the issue of the intelligence agency's connections to drug trafficking, initially brought to light during the Vietnam War and then again by the Iran-Contra affair. This text shows that under the cover of national security and covert operations, the US government protected major international drug traffickers.") Alexander Cockburn and Jeffrey St. Clair, Whiteout: the CIA, Drugs and the Press (Verso Books, 1 August 1998) (a chronicle of ties to drug runners, from World War II through the Contra Wars and the Taliban in Afghanistan: "A shocking expose of the CIA's role as drug baron, White-Out surveys the violent storm provoked by a series of articles written by Gary Webb for the San Jose Mercury News which charged the agency [CIA] with smuggling cocaine into the U.S. for the purpose of undermining the youth in black urban neighborhoods.") Robert Parry, Lost History: Contras, Cocaine, the Press & 'Project Truth' (Media Consortium, 1999) (Review) (the CIA was "engaged in direct support to a band of contras characterized by drug-running, money-laundering, corruption, rape, torture, routine murders, and perhaps worse of all, total incompetence and ineffectiveness.") William L. Marcy, Ph.D., The Politics of Cocaine (Lawrence Hill Books, 2010) (" takes a hard look at the role the United States played in creating the drug industry that thrives in Central and South America. . . . the United States helped establish and strengthen the drug trade as the area's economic base. Increased militarization, destabilization of governments, uncontrollable drug trafficking, more violence, and higher death tolls resulted. Marcy explores how the counternarcotics policies of the 1970s collapsed during the 1980s when economic calamity, Andean guerrilla insurgencies, and Reagan's anti-Communist struggle with Nicaragua and Cuba became conflated as part of the War on Drugs. The book then explores how the U.S. invasion of Panama and narcotics related violence throughout Andean region during the 1990s led to the militarization of the War on Drugs as a way to confront narcotics production, narco-traffickers, and narco-guerrillas alike. Marcy brings to the reader up to the end of the Bush administration and explains why to this date the United States remains unable to control the flow of cocaine into the United States and why the War on Drugs appears to be spiraling out of control. The Politics of Cocaine fills in historical gaps and provides a new and controversial analysis of a complex and seemingly unsolvable problem.")
tobacco's violent and behavior-altering effects on animals, how nicotine had already been used to poison someone (the 1851 Bocarmé murder case), tobacco's mind-altering, behavior-impairing effects on people, tobacco's violence-producing effects in people, and examples of this.
(1) cigarette advertising and sales targeting blacks, (2) manipulating legislators to criminalize previously legal but rare post-gateway drug activities, while (3) sabotaging action (since the first Food and Drug Act to present) against the gateway drug that leads to "the worst of all drug habits, the smoking of tobacco" (as said by Dr. Herbert Tidswell, 1912), and (4) manipulating research to "justify" the above.
to cause "black" crime via the tobacco - drugging process to re-enslave via prison, then to disenfranchise them.
They are often unaware of white reformers' opposition to the use of tobacco as the starter drug leading into the cycle that leads to crime and disenfranchisement. Too often, racists' tobacco-using victims are hooked into "wanting" (without "informed choice and consent") to do what 'massa' had been allowed to do (to smoke and drink), while forbidding slaves to do likewise. The use of tobacco, to racists' victims, seems to be an element of freedom, whereas it is in reality a left-over vestige of slavery, and a particularly vicious one. (See 1882 Example.)
|In the blatant racist era, “black people were . . . being lynched, or driven from their homes. In some places blacks who tried to vote lost their jobs. In some states blacks were arested on minor charges with the intention of making them work on plantations, picking cotton or peanuts, when cheap labor was needed.” Cited by Walter Dean Myers, Malcolm X (New York: Scholastic, Inc, 1993), p 29.
Wherefore, with trivial matters being subjected to disproportionate penalties (as for example, had happened to Malcolm, a long prison sentence), “What Elijah Muhammad [correctly and wisely] said to Malcom . . . was not to consider himself a criminal. . . . You are not the criminal. The criminals are the whites who, through their racism [documented, e.g., here] have forced you into the acts you have committed,” p 68.
As a result of this information, and taking into account the massive racist obstruction of blacks from equal-pay jobs and careers, Malcolm “wondered how many other black men, how many other prisoners in prisons across the country, could have and should have led useful, productive lives [had they been allowed equal employment opportunity and not been targeted for criminalization]. People didn't want to be criminals,” pp 74-75.
We see this fact documented here. Crimes are consciously, maliciously made, turned into criminals, by a long and well-documented process, as outlined here and at our preventcrime.htm site.
Tobacco is known as the starter drug, leading to other drugs being used. The 'money-trail' is known to link to funding terrorists. Politicians nonetheless refuse to deal with the tobacco role in drugs and the 'money-trail' and terrorism, no matter the number of resultant casualties. Instead, the political focus is to continue the abuses herein cited, and even to use the terrorism issue as an excuse, pretext, or cover story for yet more repression, further disproportionately impacting minorities.
Corrupting Lawmaking and Courts
opposing criminalizing use of post-gateway drugs, refuting their purported ill effects, and citing real causes (e.g., poverty).
|Test your area politicians, police, prosecutors, judges. Ask them their priority. Do they focus on the starter drug to PREVENT drug abuse? Or, is their approach solely, after-the-factism?
Ask them their action against tobacco. Ask them if they prosecute tobacco pushers for poisoning/murder as per case law precedents.
Note whether they try putting you off with generalities.
Don't let them bluff you with generalities. Ask for specifics. Ask specifically what they have done against tobacco, arrests and prosecutions of tobacco pushers, sentences imposed, laws proposed, hearings held on non-enforcement of existing anti-starter-drug laws, etc.
If you find that the integrity rate among such people is above the zero level . . . .
Some (the honest ones) decided, 'Let's use that data to prevent crime.' Others (the unreconstructed Confederates) looked at the same data and said, 'Let's use that data to cause crime among the target population (blacks).'
|Nazis used the same technique, "criminalizing [people] for real or fabricated violations of the law"! Nazis "decided that, to the extent possible, the most effective [persecution] policy would be to employ means that had the appearance of legality."—Eric A. Johnson, Nazi Terror: The Gestapo, Jews, and Ordinary Germans (New York: Perseus Basic Books, 1999), p 419.
Note also that the U.S. jailings of blacks is in numbers similar to that of Jews in the Nazi era.
The U.S. has more people proportionately in prison than the modern dictatorship of Red China!
And there are reports of U.S. troops being indoctrinated to shoot Americans, including their families and friends, who would resist rights violations by government officials. See, e.g., the article by Paul Joseph Watson, "U.S. Troops Asked If They Would Shoot American Citizens" (4 February 2008).
Cigarettes Are Illegal
|Rush (1798)||Fowler (1833)||Alcott (1836)
Data on National Damage
|And such writers were reporting the pattern of smoking-linked national collapses dating from the Spanish conquistadores' conquest of Mexico. See examples:
Vengeance-seeking Confederates saw the pattern, and began targeting their still-hated foe, in a pattern continuing to present.
Fifth Ave Coach Co v City of New York, 221 US 467; 31 S Ct 709; 55 L Ed 815 (1911) Packer Corp v State of Utah, 285 US 105; 52 S Ct 273; 76 L Ed 2d 643 (1932) (especially when such ads aid and abet law violations, as here) Anheuser-Busch v Mayor and City Council, 855 F Supp 811 (D Md, 1994), aff'd 63 F3d 1305, remanded, 517 US 1206; 116 S Ct 1821; 134 L Ed 2d 927, aff'd 101 F3d 325 (CA 4, 1996) Penn Advertising v Mayor & City Council of Baltimore, 862 F Supp 1401 (D Md, 1994), aff'd 63 F3d 1318 (CA 4, 1995), remanded 518 US 1030, aff'd 101 F3d 332 (1996) Greater New York Metro. Food Council, Inc v Giuliani, No 99-7006, 195 F3d 100; 1999 WL 965691 (CA 2, NY, 25 Oct 1999).
Cigarettes Are A
Vestige of the Slavery Era
|public schools, Cumming v County Board of Education, 175 US 528 (1899) (no funding for black students)
college, Berea College v Kentucky, 211 US 45 (1908) (fine for teaching blacks)
Gong Lum v Rice, 275 US 78 (1927) (refusing education with white students to a Chinese girl)
law school, Missouri ex rel. Gaines v Canada, 305 US 337 (1938) (required desegregated law school)
law school, Sipuel v Board of Regents of the University of Oklahoma, 332 US 631; 68 S Ct 299; 92 L Ed 247 (1948)
Fisher v Hurst, 333 US 147 (1948) (issue of evasion of Sipuel decision)
law school, Sweatt v Painter, 339 US 629; 70 S Ct 848; 94 L Ed 1114 (1950)
graduate school, McLaurin v Oklahoma State Regents for Higher Education, 339 US 637 (1950)
public schools, Brown v Board of Education of Topeka, 347 US 483; 74 S Ct 686; 98 L Ed 873 (1953)
|A black person driving from Nashville, Tennessee to Mound Bayou, Mississippi (a distance of about 314 miles) was stopped 45 times by police! He was in medical school, on the route driving to his assigned final-year-training hospital! This is an example of why the traffic code, designed/intended to enable such official misconduct, is unconstitutional for allowing excessive officer discretion.
Modern DWB is a continuation of the old-pre-1960's DWB.
|Do we have too many cops, that they have time to do this type discrimination? Answer: Yes, about 80% too many. Why? every time politicians purport to solve crime, they hire more!
Solution: demand your officials lay off the 80% excess, and order the rest to do genuine crime prevention, as our http://medicolegal.tripod.com/preventcrime.htm site explains.
|People v Wakat, 415 Ill 610; 114 NE2d 706 (1953); and Wakat v Harlib, 253 F2d 59 (CA 7, 1958) (defendant suffering from broken bones, multiple bruises and injuries sufficiently serious to require eight months' medical treatment after being manhandled by five policemen);
People v Portelli, 15 NY2d 235; 205 NE2d 857; 257 NYS2d 931 (1965) (a case wherein "the police brutally beat, kicked and placed lighted cigarette butts on the back of a potential witness under interrogation for the purpose of securing a statement incriminating a third party");
Lohr v State of Florida Dept of Corrections, 835 F2d 1404 (CA 11, 1988) (sheriff handcuffed inmate and ordered dog to attack him);
Davis v Locke, 936 F2d 1208 (CA 11, 1991) (guards taunted prisoner with racial slurs and dropped him from truck onto his head while shackled);
Cox v District of Columbia, 821 F Supp 1 (DC, 1993) (police officer beat and kicked Cox, ground foot into his face, then threw him into paddywagon and drove around so as to slam Cox against walls); and
Miranda v Arizona, 384 US 436; 86 S Ct 602; 16 L Ed 2d 694 (1966) (the famous case ordering police to read suspects their rights, citing a number of such incidents). See also the introduction to our narrative on prison cases
|'Urban Crime'||Means||Crime Caused As Herein Described
||'Law and Order'||Means||Enforcing/Continuing the Abuses Herein Described
1.4 Million Blacks Denied The Right to Vote
A Few Hundred Voters Obstructed:
Enough to Swing An Election
|Professors vs. Supreme Court Bush Decision
crisispapers.org Overview Summary
The Best Democracy Money Can Buy
Looks Like Duckgate," by Peggy Hirsch (10 Feb 2004) (cites Cheney and Scalia as "long-term friends" / "old friends," raising issue of non-impartiality, contrary to law, 28 U.S.C. § 455).
|For background, see
“Chief Justice William Rehnquist's refusal to acknowledge evidence of blatant voter fraud against African Americans was no surprise. Back in 1962, when Rehnquist was a young attorney in Arizona, he led a group of Republican lawyers who systematically challenged the right of minority voters to cast their ballots in that state. Called "Operation Eagle Eye," Rehnquist successfully disenfranchised hundreds of black and brown voters in Phoenix's poor and working class precincts. In 2000, Rehnquist supervised the disenfranchisement, in effect, of the majority of American voters.”—Prof. Manning Marable, “Stealing the Election: The Compromises Of 1876 And 2000” (9 Jan 2001).
Rehnquist's Confederate-style record should have led to a recusal for actual or perceived bias, pursuant to law, 28 USC § 351(c).
Note likewise with Sandra Day O'Connor: "At an election-night party on Nov. 7, surrounded for the most part by friends and familiar acquaintances, she let her guard drop for a moment when she heard the first critical [election] returns shortly before 8 p.m. . . . she visibly started when CBS anchor Dan Rather called Florida for Al Gore. 'This is terrible,' she exclaimed. She explained to another partygoer that Gore's reported victory in Florida meant the election was 'over,' since Gore had already carried two other swing states, Michigan and Illinois." "Moments later, with an air of obvious disgust, she rose to get a plate of food, leaving it to her husband to explain her . . . outburst. John O'Connor said his wife was upset because they wanted to retire to Arizona, and a Gore win meant they'd have to wait another four years [at least]. O'Connor, the former Republican majority leader of the Arizona State Senate and a 1981 Ronald Reagan appointee, did not want a Democrat to name her successor." See Rochelle Riley, "O'Connor lost her way once," Detroit Free Press (p F1, 3 July 2005), citing a Newsweek article. This type misconduct, refusal to recuse herself when she has a clear personal interest in the matter, helps establish the wrongfulness of the Supreme Court stopping the 2000 Florida vote counting.
With two judges (Rehnquist and O'Connor) biased, had they recused themselves as they should have, the Supreme Court decision would have been 4-3 in favor of Gore. Antonin Scalia and Clarence Thomas, tobacco users ( a known mental disorder) should have done likewise. Doing that would have made the vote 4-1 in favor of Gore.
Brooklyn College English Prof. Eric Alterman, Ph.D., in What Liberal Media? The Truth About Bias and the News (Basic Books, 2003), Chapters 10-11, pp 148-191, cites that Albert Gore, Jr., in fact won the 2000 election.
"Conservatives" are known to falsify facts to come up the results they want. Remember "conservative" Judge Robert Bork. Reagan wanted him on the Supreme Court too! Bork in 1987, was already being cited as misstating facts, to come up with some preconceived result he wanted. The height of unethical (or the aforesaid mental condition), he'd even do that in court cases before him! “'He is ruthlessly result-oriented,' complains one attorney, who accuses Bork of deciding the outcome of cases in advance even if it requires misstating arguments presented to him.”—Ted Gest, “A New Majority Moves to the Right,” 103 US News & World Report (#2) pp 28-29 (13 July 1987).
"That an election for an American President can be stolen by the highest court in the land under the deliberate pretext of an inapplicable constitutional provision has got to be one of the most frightening events ever to have occurred in this country," says Vincent Bugliosi, in "None Dare Call It Treason" (The Nation, 5 February 2001).
And "the five justices who made up the majority in Florida election case 'are criminals in every true sense of the word, and in a fair and in a just world belong behind bars,' while shocking, is supported by past precedent and a statutory reading of the applicable laws governing judicial conduct," says Peter Rothberg, in his review of the article, "'None Dare Call It Treason' in The Nation Magazine" (19 January 2001).
See also Vincent Bugliosi's book on the stealing of the 2000 election, an expansion of his above-cited Treason article, titled The Betrayal of America. Some of his criticisms are portrayed in the 2004 documentary Orwell Rolls in His Grave.
As with Roger Taney in the infamous Dred Scott case, the so-called "conservative interpretation" process is to cite history, practice, tradition, to narrow, limit, and obstruct the words of the Constitution. (Of course, using this approach does not mean that "conservatives" do not use misconduct methods (such as not recusing themselves for bias) and misinterpretation, whenever they want to arrive at some other anti-rights decision. Such decisions are reached in advance of the purported "adjudiciation.")
Some may recall that several third party candidates ran for President. In Florida, each received votes. The smallest third party vote in Florida for President went to Ralph Nader. Before the election, he'd been deemed not a factor in the election. Afterwards, some chose to demonize him -- alone among all the third party candidates! -- retroactively deeming him a factor! For background, see the biographical movie, An Unreasonable Man (2007).
Thirty-two (32) states ban voting during parole Twenty-nine (29) states ban voting while on probation Forty-six (46) states ban voting while in prison. Fourteen (14) states including Florida have a life-time debarment from voting! A lifetime ban is the most blatant form of neo-Confederate law.