freedom in dissent

[gurdonark]

In 1896, the United States Supreme Court handed down the case of Plessy v. Ferguson, which authorized states to require black citizens to utilize separate facilities, a form of state-sponsored apartheid, so long as the facilities were "equal". This pernicious doctrine, termed "separate but equal", further fueled the spread of racist "Jim Crow" laws throughout portions of the country, incuding particularly the American South. The "separate but equal" doctrine endured in substantial part until 1954, when a wiser court overturned it.

Justice John Marshall Harlan (the "first" Justice Harlan) wrote a dissenting opinion in Plessy v. Ferguson. In this opinion, he wrote:

"But in view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is colorblind and neither knows or tolerates classes among citizens".

Only Justice Harlan had the wisdom and the courage to
read the Constitution as granting individual equality, rather than as an instrument for governments to authorize racial oppression. The entirety of the rest of the Court upheld the challenged segregation law, keeping this country on a racist course whose effects we still feel today.

As we celebrate, we should remember that there are truly patriotic things that have been done in this country, and that truth calls upon us to fight the next set of fights in the search for a truly equal society. We live with the possibility of true social justice and true civil rights and democracy ever before us. Let's celebrate glorious dissenters who courageously stand for these values rather than pointless jingoism and bunting. Our battles are different ones than Justice Harlan's. Our generation will be called upon to end sexual orientation discrimination, for example. The Fourth of July is when we remember we must fight the battles of our time, and that we will not always be in the majority. Like Justice Harlan, we must dissent, knowing our time will come.

Comments

[scott-m.livejournal.com]

You've written an eloquent discourse on the responsibility
handed down to Americans by the Founding Fathers.
Speechmakers and flagwavers love to throw around the
word "freedom," but I don't hear or read many ruminations
about what "freedom" means or how to appreciate it and
preserve it.

This freedom that we Americans celebrate is in dire danger
these days as government investigative bodies examine
individual's library and bookstore records, as the government
has locked away indefinitely and without formal charges at
least one citizen and denied him access to legal counsel or
any outside contact, as the government has just authorized
the creation of transfer payment systems that go to religious
schools. We can still protest in public, but it had better be
well out of the way of anyone we might be protesting.

I am by nature moderate, and not given to stirring up a fuss,
but I am appalled by the recent deterioration of what I
understand defines our nation. And I feel increasingly
radicalized as I look without success to find mainstream
company to share in my concern.

As part of the responsibility that goes with being a citizen
of a free country, I try to keep myself informed. But I must
confess that I don't do much beyond that. On this Fourth
of July, I would do well to find a way to put more of my
shoulder under Our Democratic Experiment, the better to
help carry it forward. Justice Harlan did it in 1896 by
being the lone voice of dissent. I aspire to do my part.

[gurdonark.livejournal.com]

Yes, the only time we hear about the challenges of freedom is in the military context. National defense is important, but freedom is
so much more than being able to fend off foreign enemies. It's a real challenge,and it's a challenge we should hear more about on
the Fourth of July. I would like to do much more than I do in this score.

[kenmora.livejournal.com]

The "separate but equal" doctrine endured in substantial part until 1954, when a wiser court overturned it.

Ironic, the same year "Under God" was added to the national anthem.

[gurdonark.livejournal.com]

Yes, it is ironic. Every generation has its owns fight to fight. It's a process of improvement, and there are moves forward and moves backward. Sometimes the steps backwards come from the left--the anti-free-speech positions of Andrea Dworkin come to mind.
More often they come from the right. But if we spent as much time talking about individual liberty as we do watching people wave flags, I'd enjoy this holiday more.

Jefferson, flawed as he was, felt that Constitution should be rewritten every 19 years. It's fun to think about what that would mean today.

[jayasankarvs.livejournal.com]

HAppy July 4th.

[gurdonark.livejournal.com]

Thank you very much!

When is independence day in India?

[jayasankarvs.livejournal.com]

August 15. And our Republic Day is on Jan 26.