Tag Archives: Civil War

The Durability of Race

5 Oct

There’s been a lot of talk lately about the death of racism. Many believe that as the global demographics change and Generation Y rises, racism will fade in significance. Some even suggest that what we are witnessing in the Obama backlash is just death throes.

That argument ignores history.

Here’s what I mean.

Neither the Emancipation Proclamation nor the abolitionist movement were enough to end slavery. Slavery was defeated in a Civil War that was fought not over race equality nor just for the cuase of freeing slaves, but over federal authority. The cynicism at the root of the “war against slavery” is revealed by the fact that when legal race slavery was finally defeated in 1865, the culture of  white supremacy survived, both in the North and the South.

Southern state governments, determined to maintain white supremacy, pivoted after the war and took advantage of an exception in the 13th Amendment that allowed for the indentured servitude of criminals. They created a set of legal codes that criminalized Black people. Crimes included changing employers without permission,vagrancy, and selling cotton after sunset.

Once imprisoned, African Americans were subjected to neo-slavery in the form of labor camps and chain gangs. But the impact of neo-slavery was not just on those enslaved. The system terrorized Blacks throughout the South keeping them subjugated to white employers who in many cases were their former masters.

The federal government’s unwritten policy through this period was to turn a blind eye, allowing the system to continue unacknowledged for more than 70 years. While many attempted to fight neo-slavery, what finally ended it was World War II. Just days after the Japanese attacked Pearl Harbor, Francis Biddle, Attorney General under FDR, issued Circular N0. 3591 acknowledging the federal government’s unwritten policy of overlooking complaints of peonage and slavery and directing federal law enforcement officials to enforce the 13th Amendment.

The move was driven by fears that the Japanese and German propaganda machines would use the federal government’s tolerance of neo-slavery to undercut support for the war effort among African Americans. The circular was issued, but it wasn’t until 1948 that federal criminal code was rewritten to explicitly outlaw slavery.

Of course, while neo-slavery was finally abolished, other aspects of Jim Crow survived, as did the culture of white supremacy. Through Jim Crow, white supremacy was exercised by means of legal apartheid, a system that not only held Black people separate and unequal under the law, but that accommodated white terrorism and vigilante violence to suppress resistance.

When Jim Crow fell, it wasn’t just the result of the courageous efforts of civil rights activists. The death of Jim Crow was also brought about by the Cold War, a conflict in which racism in the U.S. could be weaponized by the Soviet propaganda machine.

But even as Jim Crow fell, the culture of white supremacy survived. The federal government, under Richard Nixon, pivoted to maintain white dominance by targeting the War on Drugs at Black communities. Like the Black Codes before it, the War on Drugs and a broader War on Crime would attempt to criminalize Black people, popularizing the idea that the rising crime rates of the 1970s was the result of the alienation of a permanent Black underclass and not, as sociologists suggest, the result of the baby boom.

Whites and Blacks use illegal drugs at approximately the same rate. The sheer numbers of white people puts them in the drivers seat of the illegal drug market. Yet law enforcement efforts target Black and Latino communities with the result that over two-thirds of people in prison for drug offenses are people of color.

Just as neo-slavery affected far more than those who were imprisoned and enslaved, the War on Drugs is having a broad and devastating impact on communities of color. Prisons take wage earners out of families and parents away from children only to return them years later to suffer collateral consequences such as the loss of voting rights, bans against certain types of employment, and banishment from public housing and “drug-free zones” that may follow them for the rest of their lives. And, for some, just for carrying marijuana in their pockets.

That so small an offense could cost one so much also contributes to a climate of fear and a culture of fatalism. A Black woman married to a man in prison on a drug offense once asked me to imagine what it is like to be a parent of a child in a militarized zone. She said, “every day I tell my kids, ‘if you are stopped by the police be still, be polite, and keep your hands out of your pockets.'”

White supremacy is also adapting to a changing world. Today, the criminalization of race affects more than African Americans. Latino immigrants are reduced to a criminal act when we refer to them as “illegals.” We exploit racism to criminalize Muslims to justify a grab for geopolitical control of a resource rich region of the world. And if you doubt that the growing fear and hatred of Muslims is rooted in racism, imagine for a moment the face of the Muslim threat that lives in the mind of Michelle Bachman. I assure you, it doesn’t have white skin and blue eyes.

We can’t just wait for the culture of white supremacy to be swept away by demographic and generational change. History show us that the durability of race will require much more of us than patience.

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