Showing posts with label Thirteenth amendment. Show all posts
Showing posts with label Thirteenth amendment. Show all posts

Friday, January 11, 2013

Armond White On 'Lincoln' and "Django Unchained': A Great Film Critic Takes Spielberg and Tarantino To Task And We Learn Precisely Why Cinema Matters As A Result


http://cityarts.info/2012/11/14/the-pageantry-of-rhetoric/

All,
Armond White's review of 'Lincoln' is an extraordinary and profound fusion of cultural/political analysis, historical exegesis, and incisive cinematic critique

Armond White


The beauty of Armond White's brilliant film criticism is that he ALWAYS challenges the reader to go far beyond merely or lazily agreeing/disagreeing with his POV or his overall analysis of a particular film and consistently forces the viewer/reader to actually THINK about what he's saying and why.  In this way he compels us to actually interrogate both the movie AND White's analysis of it.  Not since Pauline Kael  and Andrew Sarris at their very best, or Manny Farber (who was the best American film critic who ever lived IMO) have we been blessed to have a film critic who not only has an encyclopedic knowledge of "the movies" on a global scale but is also intellectually and emotionally sophisticated enough to realize that modern and postmodern cinema is always essentially about political and cultural ideology (and its aesthetic connections to social consciousness and thus our collective "psychological" response to history) more than anything else.  As a result his dialectical understanding of genre, mise-en-scene, photography, dialogue,  and narrative conventions--and its intricate relationship to acting as both art and craft--really provides a profound insight into what movies are and what they MEAN to us.  In other words Armond routinely does what truly great critics of any art form are compelled to do:  he demands that we question what we are being told and how its being told to us and simultaneously allows and demands that we as "the audience" critically question what we see and what White himself says about it and its various meanings.  As long as White is on the scene real artistic criticism is not yet dead in this country.  Armond is in many ways the last of an original breed in American cultural criticism but hopefully his work is having an important impact on an emerging younger generation of potential critics and intellectuals "out there" in the rest of the country.      

Kofi

The Pageantry of Rhetoric
by ARMOND WHITE
Nov 14, 2012
CityARTS: New York's Review of Culture
New York Film Critics Circle - NYFCC
 
HOW SPIELBERG’S ‘LINCOLN’ PARLAYS THE ‘GREAT MAN’ NOTION OF HISTORY 

 Daniel Day-Lewis as Abraham Lincoln in “Lincoln”
“You begin your second term with semi-divine status,” the 16th President of the United States is told in Steven Spielberg’s film Lincoln. The evidence of that status is in the film’s mythifying visual style that presents Abraham Lincoln as an icon–silhouetted, spectral, sculptural. The people around him, such as white and Negro Union soldiers relating their Civil War experiences of the 1865 Jenkins Ferry massacre during the film’s introduction, are also made into myth. (These weary men have already committed the Gettysburg Address to memory–a presentiment of the schoolboy’s homework in Minority Report.) Spielberg’s intention to line up with “the right side of history” turns the film into cult-of-personality deification. It’s on the side of power–which makes it one of the weirdest pieces of supposedly democratic Americana ever to come out of Hollywood.

The story in Lincoln dramatizes the President’s efforts to install a 13th Amendment to the Constitution that abolishes slavery. His struggle is more than politically correct; it is presumed inarguably correct which takes the movie outside of history; outside of dramatic immediacy. Watching Lincoln is very much like observing a flesh-and-blood diorama. Everything is soon settled (within 2 ½ hours); there’s no emotional suspense.

The trick Spielberg needed to pull off was to make the characters’ moral choices dramatically compelling; analyzing ethics in politics (those pragmatic procedures that deemed the Emancipation Proclamation “a military exigent”). Yet that’s where the film becomes dodgy–open to accusations of merely being a civics lesson, or worse: Spielberg’s equivalent to Richard Attenborough’s still-born hagiography Gandhi, rather than a companion-piece to his thrilling, brilliantly analytical masterpiece Amistad.

In Amistad Spielberg cannily transformed the issue of Slavery into the intricacy of Law; human endeavor and spiritual struggle were historically modified into argument and principle. The Amistad characters Cinque the African (Djimon Hounsou) and John Quincy Adams the political descendant (Anthony Hopkins) grappled with the fact of Slavery. This time Slavery is anthropomorphized. The introduction’s two docile and truculent black soldiers patronizingly prophesize modern attitudes; Lincoln himself (played by Daniel Day-Lewis) describes Slavery as a “disease” which distances it into abstraction. Lincoln attempts to dramatize mere rhetoric. Despite high-flown language, it turns the experience of human lives into platitudes, homilies and predetermined theorems.

For a lesser filmmaker, the prevarications in Lincoln would be disastrous. But Spielberg’s innate filmmaking resources consistently provide rhythmed imagery: Conventional–as when Lincoln’s aides race to get his disingenuous communique. Daring–as when Lincoln dreams his forthcoming struggle as an eerie ship voyage. The film is always something to look at. Congressional arguments are composed to show the vitality of faces and individuals–the elite body politic–like period versions of Francesco Rosi’s courtroom scenes in Hands Across the City and Salvatore Giuliano yet without Rosi’s worry about literal political corruption. Spielberg’s vibrant style just barely offsets the mundanity of parliamentary debate. The fact that Lincoln’s drama comes from predictable dialectic, rather than an in-the-moment philosophical conundrum like Amistad, reveals its insufficiency. Lincoln tilts toward magniloquence, using important sounding words and an exaggeratedly solemn and dignified style.


Spielberg shrewdly chose the histrionic Day-Lewis to impersonate Lincoln with twinkling eyes and a wily, high-pitched voice that humanize the icon. Day-Lewis’ long face is given built-in hollows and shadows that match the Lincoln Memorial and postage stamp figures while also suggesting mysterious depths. His every close-up suggests historical reverence. But this immortality contrasts the fascinating mortal portrayals by Sally Fields as Mary Todd Lincoln, Tommy Lee Jones as Thaddeus Stevens and James Spader as W.N. Bilbo who act through their flesh, courtesy of Janusz Kaminski’s portraitist lighting that suggests the grain of historical painting animated by fluid camerawork. At one point (“It‘s too hard”), Fields’ transition from agony to aggrieved diplomacy is as much the director’s triumph as the actress’. Spader’s grungy agitator feels lived-in while Jones enlivens a cliché Congressional hack–his toupeed-role reaches back to a key idiosyncratic characterization in D.W. Griffith’s The Birth of a Nation.

With Lincoln, Spielberg assumes his place in the descent of American cinematic mythmakers following Griffith and John Ford–a fact already evident–and earned–in Amistad. Here it’s done self-consciously. Not because it’s impossible to portray Abraham Lincoln any way other than worshipfully but because Spielberg and screenwriter Tony Kushner (adapting a book by historian Doris Kearns Goodwin) manipulate Lincoln into a contemporary political paradigm.

Without clarifying the intricacy of the 19th century Republican party and the different principles of early Democrats, Spielberg and Kushner claim Lincoln as their model autocrat–always the smartest man in the room–which becomes a form of adoration. Thaddeus Stevens even refers to Lincoln as “the purest man in America.” Distinct from the cultural myth in Ford’s Young Mr. Lincoln that was widely shared in less jaded times, Lincoln presents a new style giant (a storyteller of superhuman probity and only fleeting moments of the most admirable self-doubt) probably influenced by the current hunger for a great leader whose outstanding talents must be either prefabricated or whose failings go ignored in order to answer a desperate contemporary need for power.

Here’s how Lincoln prevaricates: Scenes where black characters show flawless nobility and strength (whether as a silent, pious gospel chorus entering the senate chambers or unimpeachably dignified servants). Scenes where white politicians focus on issues with little motivation beyond hectoring opposition. These convenient and very modern political defects prevent Lincoln from achieving the historical reach of Amistad or the miraculous suasion that made Mr. Smith Goes to Washington’s change-of-heart scene so moving.

When Lincoln proclaims “We’re stepped out upon the world’s stage now, the fate of human dignity is in our hands. Blood’s been spent to afford us this moment. Now! Now! Now!” the stage metaphor exposes playwright Kushner’s smugness. Lincoln is rife with Kushner’s pedantic tendency. Speechifying characters (especially Lincoln) display conceited literacy, over-stating their differences (their career positions) but never embodying the passions that made Michael Apted’s biography of British abolitionist William Wilberforce Amazing Grace such a remarkable drama of moral inspiration. Kushner’s self-congratulatory approach to the 13th Amendment doesn’t enliven our sense of personal conviction and political maneuvering. Even the powerful “Molasses to Rum to Slaves” trading song in 1776, the Declaration of Independence musical, more clearly outlined America’s practical and political functioning. Both Amazing Grace and 1776 worked as ideational histories; Lincoln merely, well, fantasizes.


Justifying political manipulation and the idolizing of a single politician forces Spielberg and Kushner into the weird position of displacing the moral rigor that distinguished their collaboration on Munich. When Lincoln bases his notion of equality on Euclidian principle, referencing a 2000-year-old secular book as his foundation then praising “a great invisible strength in a people’s union,” Kushner’s vagrant communist-sympathy comes into play. The platitude is barely disguised by Lincoln’s out of nowhere wish to visit the Holy Land “where David and Solomon walked.”

As with Angels in America, Kushner is partial to formula, prescription, disquisition–the pageantry of rhetoric. But Spielberg thrives on movement and imagery and there isn’t enough to keep Lincoln from bogging down in verbiage. It frequently resembles the self-pleasing sophistry favored by this era of punditry and hero-worship.

But cinema’s most memorable political histories have always been films like Young Mr. Lincoln, Amistad and Amazing Grace that attain the ineffable by honestly clarifying history and daring that Capraesque link between dramatized conscience and delineated principle; that’s what stirs one’s soul in Albert Finney’s conversion scene of Amazing Grace which found the perfect symbols and actions to express the passion of ideas. Lincoln weakens from the current political era’s disingenuous pageantry of rhetoric.

In the popular fashion, Spielberg and Kushner fall back on the “great man” theory of history. Their iconography is vague, a fantasy where equality is learned through logic–not experience or faith because in this film’s view no human beings can be taken on faith (as when Lincoln says he doesn’t know any black people. The film’s one-dimensional, anachronistic black characters indicate Spielberg and Kushner progressive elitism; they never absorbed the richness of Jonathan Demme’s Slavery-era Beloved.) This dream of Lincoln, fitted to the solipsistic subjectivity of the political moment eschews Amistad’s beauty and historical clarity to favor a “semi-divine” (that is, non-spiritual) view of political heroism. The fantasy might well be re-titled Dreams From My Father.

Follow Armond White on Twitter at 3xchair



All,

Like I've been saying for many years now:  ARMOND WHITE IS BY FAR THE BEST AND MOST PROFOUND FILM CRITIC IN THE UNITED STATES TODAY.  That he also happens to be a homeboy from Detroit (and a former esteemed editor of mine during the 1980s in Brooklyn, NY--long live the late and lamented City Sun!) only makes me that much more proud of and appreciative of his wonderful intellectual gifts, comprehensive cinematic and literary erudition,  deep critical consciousness, authentically hip sophistication, and fundamentally ethical/moral/political courage. That his critical film reviews are often far more interesting, insightful, inspiring, and necessary than many if not most of the films he is compelled to critique is a testament to how real art--in this context his criticism-- can still survive and thrive in  even the most challenging  and depressing circumstances.  While this larger reality may often look and sound like an unavoidable "moral hazard" of his profession,  in his particular case (thankfully) we are very fortunate that it really isn't...


Kofi  

Still Not a Brother
by ARMOND WHITE
Dec 28, 2012
CityArts:  New York's Review of Culture


A review of 'Django Unchained'

How SamJack stole Tarantino’s epithet orgy Django Unchained

 
Uncle Tom, the black overseer created by Harriet Beecher Stowe and despised ever after, reappears to spy on and punish other slaves in Django Unchained. It is the role Samuel L. Jackson was born to play.  

Here named Stephen, Jackson’s Uncle Tom style shuck-and-jive is prototypical-–even atavistic–-climaxing in the profane, deceitful racial self-hatred that he has accustomed us to in his detestable roles for Django Unchained director Quentin Tarantino, although not those alone.
 

In Django Unchained Jackson is to Tarantino what Step'n Fetchit was to John Ford–the actor who personifies his director’s sense of the Other. This is not an alter-ego thing; it transfers detachment into “sympathy.” Roles like Jules in Pulp Fiction, Ordell in Jackie Brown and now Stephen the ultimate Uncle Tom display Jackson’s patented shamelessness–his Nigger Jim flair. Jackson reverses the anger that 70s black militants felt toward the Uncle Tom figure into an actorly endorsement. He embodies the dangerous Negro stereotypes harbored by Tarantino and every Huck Finn wannabe.

 
That, essentially, is the transgression on view in Django Unchained. This pseudo (not neo-) Blaxploitation film about a freed slave (Jamie Foxx) who goes on a killing spree with a psychopathic bounty hunter (Christoph Waltz) two years before the Civil War (rendering that conflict unnecessary) offers a pointless jamboree of disparate sentimental, anachronistic and absurd elements; it seems aimless until Jackson’s Uncle Tom eventually shows up and galvanizes all Q.T.‘s hostile silliness.

Not to rank Tarantino with Ford or Mark Twain but his diabolical Uncle Tom descends from their precursors, specifically to the way Twain refashioned American social codes into a narrative that to this day gratifies some people’s entrenched racial prejudices. That’s why Huckleberry Finn is canonized while Twain’s Puddinhead Wilson is not. It’s also why SamJack is the true star of Django Unchained and Jamie Foxx, with his pandering, deliberately modern swagger, is not.

There’s no mistaking the division of labor or social/racial hierarchies preserved in Jackson-Tarantino’s spectacle: Tarantino uses a gray-haired, wily Jackson with a deceptive limp and mean scowl to fulfill his white hipster’s fanciful reinterpretation of social history. Through Jackson, QT gets to remake the cultural world he didn’t grow up in (complete with incongruous pop songs) and enjoy how its dangers and excesses effect a subordinate. Brazenly inauthentic, Django Unchained is unmistakably QT’s vision–trivializing slavery’s true deep treachery–and it’s an impersonal, privileged vision.

 
Tarantino, who commands more leverage than any Hollywood director besides Spielberg, is beyond needing to look cool about his race obsession. He’s got Jackson to satisfy his need for pity. [More on this in my forthcoming book Say What?] Pity, according to the hipster definition laid out by Norman Mailer’s classic 1958 essay “The White Negro” (a confession that has entered the subconscious of every Wigger) is the flip side of envy and such pseudo-rebellious class envy borders that thin line next to contempt.

Unlike Ford’s passive naif Stepin Fetchit, Jackson’s Uncle Tom is aggressive, an evil ol’ Brer Rabbit (even nastier than Ordell) who demonstrates how untrustworthy a black man can be. He incites his psychotic Massa (Leonardo DiCaprio) and cock-blocks the simpering romance between the titular stud and his wench (Kerry Washington). This despicable, scowling, sniveling, cursing and cinematically lynched figure reveals what SamJack really means to us: His self-hatred is hilariously grotesque. He’s malicious, not virtuous as Civil Rights Era Ford would idealize Woody Strode in Sergeant Rutledge and The Man Who Shot Liberty Valance. The narrative force exerted by Jackson’s character (and the actor’s lip-smacking glee at exceeding his previous wicked benchmarks) exposes Tarantino’s basic misunderstanding of Blaxploitation. He’s still not a brother.

QT’s misguided delight matches that of black co-producer Reginald Hudlin, a Blaxploitation fan whose name is used to buffer expected complaints about racism. While Django Unchained satisfies the boyish black teen thrill that Hudlin has not outgrown, it primarily proclaims a white hipster’s voyeuristic pleasure in black vengeance–a form of Liberal porn, aberrant hip-hop.

How did Hudlin let Django Unchained erase the politically-charged motivation behind most 70s Blaxploitation films? (Anyone who really knows the Blaxploitation era can only scoff at this movie’s white supremacy.) Insensitivity is evident in the sound and inexcusable repetitions of “nigger” by white characters. QT’s epithet orgy recalls the O.J. Simpson verdict quip “If the word ‘nigger’ could light up the sky, Los Angeles wouldn’t need streetlights.” Django Unchained’s First Amendment mockery suggests it’s lights-out in Obama’s America.

This is not so simple as calling Tarantino, DiCaprio, Waltz, Washington, Hudlin or anyone else racists. (Besides, if QT could reap Oscar nominations for disgracing the Jewish Holocaust in Inglourious Basterds, our culture will surely let him can get away with anything.) These filmmakers simply don’t deliver whatever it is that can justify the word’s utterance as historical accuracy or emotional righteousness. It’s just fodder for Tarantino who single-handedly devised this mash-up of Blaxploitation and Italian Spaghetti westerns out of juvenile amusement–not Harriet Beecher Stowe’s abolitionist principles nor Blaxploitation’s get-whitey ingenuity. Django Unchained’s two antithetical genres only belong together in a reprobated mind.

Tuesday, May 8, 2012

Gary Freeman On Constitutional History, Institutional Racism, and the Structural Corruption of the Criminal Justice System

http://truth-out.org/opinion/item/8709-how-the-amendment-to-end-slavery-was-crippled-by-racism

All,

In a powerfully lucid and brilliantly argued essay human rights advocate and organizer Gary Freeman explains how the intricate historical and contemporary connection between the U.S. constitution, structural racism, and the general exploitation of labor under a capitalist political economy--historically rooted in slavery and massive social segregation--has subsequently created a criminal justice system that systematically violates both the spirit and letter of the constitution itself as both a legal and moral document.

Kofi

Kofi


How the Amendment to End Slavery Was Damaged by Racism
Wednesday, 02 May 2012
By Gary Freeman
Truthout | Op-Ed


A Note From the Writer

It seems my destiny has placed me here to make my stand for human rights.

On March 7 of 1969 in Chicago, I was stopped by a police officer. At that time, it was more important than ever to know your rights because it was open season on young black males in that city. When I told him he had to have probable cause for a legal stop and frisk, he apparently didn't like what he heard. As I turned to walk away from his car, as I had a legal right to do, he jumped out of his car, hit me in the back of my head, threw me over the trunk of his car, pointed a snub-nosed revolver at my head and screamed he was going to blow my head off, "NIGGER!" I could taste on my tongue the acridness of my own death.

I was lucky because the opportunity for me to defend myself arose and I took it. I was able to disarm that officer and his gun arm was wounded. I was apprehended and, for defending myself, I was charged with attempted murder and aggravated assault. I was all of 19 years of age.

That officer never placed me under arrest and never frisked me. I was a young black male wearing combat boots and a black leather jacket.

If you were lucky enough to survive such an encounter in Chicago - and 11 other young African Americans were not that year - you could pretty much rest assured that you would be railroaded in court. So, when the opportunity presented itself, I fled to Canada.

I was arrested in 2004 in Canada on a new warrant. Both the US and Canadian governments knew the officer was a member of Chicago's fascist Red Squad and that a woman who involved herself with me was his informant. Neither thought it prudent to pursue what I promised would be a political trial and not a typical criminal proceeding. It was 1974, during the aftermath of Watergate and the Church Committee.

I was offered a plea bargain, and in 2008, my case was resolved in Chicago. But Canada's current, Tea Party-esque government cares nothing about the sanctity of the family or human rights. I lived as a model resident, homeowner, worker, union member and taxpayer for 30 years in Canada, where I helped raise my four Canadian-born children (who have grown up to be college-educated professionals). But the Canadian government will not let me go back to my family there.

That is my story, one that compelled me to write another story: the history of one of the anchors of official racism in the United States.

How the Amendment to End Slavery Was Damaged by Racism

The Constitution of the United States of America was created to enable the founding ideals and principles of the Declaration of Independence. Yet something went terribly wrong. It failed to recognize, defend and enable those ideals.

The tragedy of such a gargantuan failure is still with us today in the form of institutionalized and systemic racism and a deeply embedded exploitation of labor. Both are still given constitutional sanction. Such sanction resides in the very constitutional amendment that was supposed to free the slaves and end the exploitation of labor in America forever: the 13th Amendment.

Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.

Congress shall have power to enforce this article by appropriate legislation.
[E]xcept as a punishment for crime whereof the party shall have been duly convicted."

The reality of emancipation and racial equality cannot be fulfilled until the collective mindset of the nation is firmly turned away from the idea that slavery or involuntary servitude has any place within the constitutional fabric of the United States. Until the notion is gotten rid of that a person who is convicted of a crime is something less than other citizens, or is something less than human, there cannot be the necessary transformation of the American law enforcement and judicial system from one that is based upon vengeance and negative punishment to one that is focused on 21st-century restorative justice.
So, why does the Constitution of the United States of America still allow for the existence of servitude in America that can be triggered as a punishment for crime?

What America got in the 13th Amendment was a mindset reflected in legislation, law and customary practice best described in 1845 by Frederick Douglass in his "Narrative of the Life of a Frederick Douglass, an American Slave, Written by Himself": "To be accused was to be convicted, and to be convicted was to be punished; the one always following the other with immutable certainty. To escape punishment was to escape accusation ... " Think, please, of a young, black boy - Trayvon Martin - wearing a hoodie, who only wanted some Skittles and iced tea when he was shot to death on February 26, 2012, by a neighborhood vigilante because he looked "suspicious."

As Douglas A. Blackmon has pointed out in his Pulitzer Prize-winning book, Slavery By Another Name, those so-called crimes have run the gamut from the actually nonexistent or fictional to relatively minor offenses that would have been handled with non-penal consequences had the offender not been black, but the objective was to procure cheap, nearly free black labor for white farms, other businesses, state and local governments and large American corporations. And the 13th Amendment facilitated this via its language, which empowered law enforcement and the courts to traffic in African Americans for the purpose of rendering them into a post-Emancipation iteration of slavery and involuntary servitude.

It is therefore no accident that there exists a great disparity in the way the American criminal justice system deals with African Americans versus whites. Until the connection between the criminal justice system and slavery and involuntary servitude is condemned and forever severed, America will remain a nation plagued by a criminal justice system, the essence of which is racial inequality.

According to The Congressional Globe, Massachusetts Sen. Charles Sumner rose on April 8, 1864, during the debate on the 13th Amendment to speak to the inappropriateness of adapting the wording of the Jeffersonian Northwest Ordinance of 1787 to an amendment purporting to grant emancipation to the slaves: "There are words here, I have said, which are entirely inapplicable to our time. They are the limitation, 'otherwise than in the punishment of crimes whereof the party shall have been duly convicted.' Now, unless I err, there is an implication from those words that men may be enslaved as a punishment of crimes whereof they shall have been duly convicted." Sumner said the words, "do no good there, but they absolutely introduce a doubt."

In 2009, Scott W. Howe wrote in the Arizona Law Review: "Post- [13th] amendment history confirms an original public meaning for the slavery-as-punishment clause that gave states a broad immunity against claims under the main prohibition in the Thirteenth Amendment of improper treatment of prisoners." ("Original public meaning" refers to the method of constitutional interpretation which asks how an ordinary or reasonable person would have interpreted the text of the Constitution at the time it was ratified.)

"Many of the outcomes allowed by an original-public-meaning approach to the Thirteenth Amendment are abhorrent," wrote Howe.

There is a causal and interdependent relationship between the privatization of prisons, "convict labor," attacks on voting rights and attacks on affirmative action. These are all part of a vast and intricate web of undemocratic control established to maintain white elite privilege and power over African Americans and the rest of the 99 percent.

Indeed, racial inequality in America's justice system was admitted by the Supreme Court in McCleskey v. Kemp. The Court essentially said that given the inherent racism in American society it is "inevitable" that America's justice system would treat African Americans worse than whites. Yet, the Court ruled that only "individuals" - not the system - could be held accountable.

A recent North Carolina court case hailed as a landmark ruling moves away from that view. On April 20, 2012, Superior Court Judge Gregory A. Weeks of Cumberland County, citing North Carolina's 2009 Racial Justice Act, struck down the capital punishment sentence imposed on Marcus Robinson. Weeks ruled that systemic anti-black racial bias was indeed a factor in Robinson's and other capital cases involving black defendants in North Carolina.

The 1 percent needs to keep African Americans from realizing self-determination and to have a permanent American underclass in order to control the exploitation of labor and continue ramping up the wealth-to-poverty ratio; after all, American slavery and involuntary servitude were modes of labor exploitation which existed in the realm of supposed "free market" private entrepreneurship.

There's something stinking in America. It's that elephant in the living room smoking stogies rolled with thousand dollar bills earned not by him, but by the exploitation of other people's labor.

The immorality of such exploitation and the evil behavior required to maintain it led to the creation of constitutional and institutionalized racism from which flowed rigid systems of control (slave codes, "Black Codes", anti-miscegenation laws prohibiting interracial marriage and relationships, Jim Crow, fugitive slave laws, "one-drop rules" that assigned minority status to mixed-race people), perverse referencing tags used to define those exploited as less than human and to promote a mass psychology of anti-black racism.

The United States of America was founded upon the success of the Philadelphia Convention of 1787. Delegates from the states sent by their constituents to participate in the debates assembled there and ultimately cast a vote towards ratifying the US Constitution. Why is this so important with respect to slave emancipation? Because a concrete legal definition of freedom - and, therefore, what it meant to be emancipated - as well as the practical application of that definition, were rendered. In other words, we have clear precedents which flow directly from the Declaration of Independence: the right to take part in a consent-giving procedure, the right to voting representation in Congress and the great principle that government is only just when it has the consent of the governed. Whatever constraints or limitations are imposed upon that consent still require democratic consultation. Anything other than that amounts to tyranny.

But when the object is to control a people and not to free them, then the reasoning behind the wording of the 13th Amendment becomes clear. It allowed for the government to exercise power over a people which had not been given the opportunity to plebiscite and to render consent; and it underpinned body of law that rests soundly upon a legal fiction and a flowing web of rhetorical political hyperbole that amounts to hypocrisy and demagoguery. That well-known legal fiction was that blacks were not the equal of whites and were not intellectually, emotionally or morally capable of being full participants in a working democracy. What should have been so easy - the unconditional abolition of slavery and involuntary servitude as well as the recognition of the rights and the granting of the privileges of freedom - was burdened, bludgeoned and crippled by racism.

A reading of some of the Congressional debates and bills passed during the 38th Congress (March 4, 1863 to March 4, 1865) is instructive. Congress wrestled with the question of where to build a new penitentiary in the Washington DC area. Ideas were put forward about how best to use prison labor in the service of keeping the government from falling into debt because of the costs involved in incarcerating people. The question of absolute equality between men and women was scoffed at. And there continued unabated the relentless pursuit of further embedding white privilege into the constitutional and institutional fabric of the nation by denying that people of African descent could even remotely be considered equal with whites.

So, it is not surprising that, in spite of the vigorous arguments put forward by the likes of Senator Sumner - who cited the human rights principles of The Enlightenment, some pertinent language from the French Constitution and, of course, our own Declaration of Independence - the language in an initially proposed emancipation amendment recognizing the "absolute equality" of blacks and whites before the law was soundly rejected.

If the opposite of slavery is freedom, and if freedom in America is predicated upon the consent of the governed, the absolute equality of all before the law and the right of every citizen to have voting representation in Congress, then an authentic emancipation amendment should have included those elements.
To declare in subsequent amendments that everyone born in the United States is a US citizen and that all citizens have the right to vote is patently different from declaring that those who were once held in bondage and persecuted because of their "race" must be afforded some sort of plebiscite, guaranteed equality before the law and voting representation in Congress - and that Congress must be the enforcer.

The treatment of slaves had to do with control and the maintenance of the slavery system. This mindset spilled over into post-bellum America and was responsible for the slavery and involuntary servitude clause in the 13th Amendment. This mindset is manifest in a presumption of inequality, inferiority and guilt which extends its reach into present-day society at large; it is a mindset which does not recognize the sanctity of the individual and which reared its ugly head in the recent federal appeals court decision of a California case (Haskell, et al vs Harris, et al; No. 1015152 D.C. No. 3:09-cv-04779-CRB; February 23, 2012) which tested the so-called "test-on arrest" policy. The split-court ruling said that building a DNA database of anyone arrested is acceptable. This should be of particular concern to those who believe it is their American right to protest and who not only risk arrest when they do so, but risk getting their mouth swabbed and their DNA stored against their will.

Thurgood Marshall said, "The framers possessed no monopoly on the ability to trade moral principles for self-interest" when it came to the fate of African Americans. He believed the Constitution to be a living document, something that could be refreshed and renewed in the spirit of the ideal and principles of the Declaration of Independence. That is America's true bottom line.

Having an African American president does not mean America is post-racial. It doesn't mean that the debate on race is moot. As we have seen over the past four years, racism and the exploitation of labor are alive and well in America. President Obama and his family's residence in the White House is an expression of hope that we can courageously and progressively engage this debate and enact the appropriate constitutional and institutional reforms.

American freedom is a living, breathing, complicated thing. Individuals' racism, undemocratic beliefs and behavior will not be rectified by amending the 13th Amendment, but certainly, opening the dialogue and pushing for our Constitution to unconditionally recognize the abolition of slavery and involuntary servitude would be a mighty shove to the door.

This must be America's springtime. There is no greater time than now to open the most compelling dialogue on race in the history of our nation.

This article may not be republished without permission from Truthout.





Gary Freeman is a human rights activist.