If Biden Establishes a Commission on HR40 (Reparations), Could That Stall Arizona's Abortion Ban and Prevent Anti-Black States' Rights Lawmakers Introduce Reconstruction Era Black Codes Law?
The Arizona court recently ruled that abortion is prohibited, citing a law from 1864, a time when Arizona was not even a member of the United States.
Let's go Black in time.
1864, the Civil War raged in the east, south, and along the critical Mississippi River network. Arizona only became a state in 1912, two years before the First World War began in 1914 and over 40 years after the American Civil War ended in 1865.
The 1864 law that Arizona now references to ban abortion coincides with a current Supreme Court ruling that overturned Roe v. Wade. This landmark decision allowed women to choose what to do with their bodies. Most news reports and surveys reveal that most citizens favor a woman's right to make decisions about her own body, ensuring that her choice is legal, safe, and doctor-supervised.
United States history reveals that its 50 states need a referee to keep them within the guardrails of humanity and liberty. Suppose states are left to their own devices and machinations; some unscrupulous state-level legislators may go rogue and impose unjust laws and rulings against Blacks, other racial minorities, and women. This horrifying scenario cannot be made up. This is documented in the history of the United States.
The current Supreme Court of the United States has diluted the tiny veneer of humanity and liberty fought for and won since the 1950s and 1960s. Per an 1864 law, Arizona's court is astonishingly attempting to remove what's left of that veneer. Laws against women, Blacks, and other racial minorities are creeping rapidly across the nation. The right of any state to impose unjust laws on its citizens is fundamentally unfair.
The Return of Black Codes Through State Capitols
If rogue Arizona can use a wild west law from 1864, then what stops the imposition of overt Black Codes from 1865 as seen in Mississippi, South Carolina, Alabama, and Louisiana, or the Black Codes of 1866 in Florida, Virginia, North Carolina, Texas, Tennessee, and Arkansas? These Black Codes were explicitly designed to suppress the rights of newly freed African Americans and maintain brutal racial oppression.
For instance, the Black Codes in Mississippi required African Americans to sign yearly labor contracts, and if they refused, they could be arrested, fined, and forced into unpaid labor. This law "legalized" the continued exploitation of Black labor under a different guise, one half-step
from former slavery. Similarly, in South Carolina, African Americans were prohibited from holding any occupation other than farmer or servant unless they paid an annual tax. These laws were designed to limit economic opportunities and maintain the social status quo.
In Alabama, vagrancy laws were used to arrest Black people without employment, forcing them into convict leasing programs that mirrored slavery. Louisiana's Black Codes restricted the movement of African Americans and imposed harsh penalties for so-called "vagrancy" or "idleness."
Maryland's Black Codes also played a significant role in maintaining racial oppression. In Maryland, laws were enacted to restrict the movements of freed Blacks, limit their economic opportunities, and enforce labor contracts that closely resembled the conditions of slavery. Vagrancy laws allowed for the arrest and forced labor of African Americans who were deemed unemployed or idle, effectively criminalizing their existence and ensuring a cheap labor force.
These types of laws are not just relics of the past. There are contemporary examples where state laws echo these oppressive measures. For instance, modern voter ID laws and restrictions on voting rights disproportionately affect African Americans, much like the Black Codes' restrictions on civil rights and freedoms. Additionally, legislation that targets the homeless or unemployed with punitive measures can be seen as a modern form of vagrancy law.
Historical Context and Prominent Opposition to States' Rights
Prominent civil rights leaders such as Mary Church Terrell, Dr. Martin Luther King Jr., Medgar Evers, Fannie Lou Hamer, and Malcolm X vehemently opposed the notion of states' rights regarding civil liberties. Dr. King once said, "Injustice anywhere is a threat to justice everywhere," emphasizing the need for federal oversight to protect citizens' rights. Medgar Evers, a staunch opponent of segregation and advocate for civil rights, was assassinated for his efforts to challenge state-imposed racial injustices.
In stark contrast, Alabama's Governor George Wallace and South Carolina's Senator Strom Thurmond were staunch supporters of states' rights. They were proud poster children for unjust, rogue laws, famously resisting federal intervention in civil rights matters. Wallace's infamous declaration, "Segregation now, segregation tomorrow, segregation forever," highlights the dangers of allowing states too much autonomy in civil rights matters.
Analyzing the Black Codes
The Black Codes of 1865 and 1866 were laws passed by Southern states after the Civil War to restrict the freedoms of African Americans and ensure their availability as a blatantly exploited labor force. These laws were designed to perpetuate the racial hierarchy and economic exploitation established during slavery.
These historical Black Codes are alarmingly similar to modern laws proposed or enacted across various state capitols. The rollback of reproductive rights in Arizona is a contemporary reflection of states imposing restrictive laws that undermine individual freedoms and federal civil rights protections. If allowed to persist, these state-level encroachments on personal liberties could pave the way for a resurgence of similarly oppressive laws targeting racial minorities and other vulnerable groups.
The Need for a Federal Referee
A blind man can see that America's states need a referee. States' rights guarantee that a minority can impose unjust laws against a majority composed of women, Blacks, and other racial minorities. This is unacceptable behavior in the 21st century. History has shown that when states are left unchecked, they often enact discriminatory and unjust laws. Federal oversight is essential to ensure all citizens enjoy the same fundamental rights and protections regardless of residence.
The situation in Arizona is a stark reminder of the importance of federal intervention in protecting civil liberties. Without it, the progress made over the past century regarding civil rights and personal freedoms could be at risk of unraveling, leading to a potential comeback of laws reminiscent of the Black Codes.
Advocacy for HR 40 and Juneteenth
In late May, before Juneteenth 2024, we visited Baltimore's Congressman Kwesi Mfume, urging him to lead a Maryland congressional letter to join Baltimore advocates seeking President Biden to sign an Executive Order on HR 40. HR 40 is a bill that calls for the establishment of a commission to study the impacts of slavery, segregation, and systemic discrimination against African Americans and to recommend appropriate remedies. This commission would study the enduring effects of slavery and segregation, examining how systemic racism continues to affect African American communities today.
Our advocacy is backed by over 40 Black liberation organizations in Baltimore, supporting the WakaWakaHR40 walk from Baltimore to the White House. We recognize President Biden as an honorary Maryland resident, given his frequent use of Camp David in Frederick County, Maryland, and the medical services at Walter Reed in Montgomery County, Maryland. With these connections, we urge President Biden to seize this election year to sign an executive order establishing the HR 40 commission.
As we reflect on the historical injustices embodied in the Black Codes and their modern echoes, we must advocate for comprehensive measures to address and redress these wrongs. A Juneteenth 2024 Executive Order on HR 40 by President Biden would be a significant step towards acknowledging and rectifying the long-standing impacts of systemic racism in America. The HR 40 Commission would demonstrate a commitment to understanding and healing the deep wounds of racial atrocities and injustice that continue to affect our society.
Co-authored by:
Sylvie Qwasinwi Ngassa Bello,
@StudySlaveryAtKean, an initiative of Cameroon American Council (@CamAmerCouncil)
Nancy Bowman Williams,
President, Venice Beach Citizen Association (#BlackBeachesMatter )
Melody Cooper, Coordinator, Committee on Baltimore's 55th Annual Marcus Garvey Day Festival,
Charlie Dugger, Founder, The Camp Harambee/The People,
Mel Hardy, Art Collector and Principal, New Beginning Initiative
Bill Curtis, Convener, The Consciousness Forum Group