Welcome To EarthColoney.Net: Hood Rats, Part 2, by Dr. Steven Nur Ahmed

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Lakisha lives with her son on the same street and in the same apartment year after year. She watched her neighbors come and go. As a consequence she had not made many permanent friendships.  Nor had she significant associations beyond those of her immediate family members. What she had in common with her neighbors where the characteristics which define poor people.

Sometimes Lakisha would go out to a local night club. There she would mingle and dance with men most of whom she did not know personally. She longed for a meaningful relationship with a man but over the years she had come to believe that she would not have a man in her life in a family relationship.

She started to drink wine coolers and smoke marijuana at home; she would even drink and smoke in front of her son who was now three years old. She stayed up late at night watching television and could not sleep without it being on. And lately, she has been suffering from insomnia.

Her lack of sleep drove her to get help at a neighborhood medical clinic. Lakisha had signed up for and had been accepted on the Federal ‘Affordable Health Care Plan’ program. For that reason the physician agreed to see her and so took her insurance coverage.

The physician examined Lakisha. She diagnosed her as suffering from insomnia. As a treatment for her insomnia the doctor prescribed sleeping pills for Lakisha.  

Lakisha purchased the sleeping pills and took them faithfully thinking that they would help her to sleep. But instead she became even more depressed and still could not sleep. With no one to talk to, Lakisha sought help from another source.

Another person in her neighborhood referred her to a local church. Lakisha had not done deep thought on the idea of God but in her own way she had always believed in the existence of God and so the idea was not foreign to her. So one Sunday she along with her son and went to a Sunday service.

It was a storefront church. It wasn’t a fancy church; actually, it was simply one big room. She sat down in the front row as the preacher began to speak.  The preacher had a deep voice and a band and small choir behind him. He could really do the hoop preaching she liked to hear. His preaching, along with the band and the choir made Lakisha feel good; it made her feel euphoric.

 Lakisha felt in her heart that she had made a good decision. She felt that this was the place where she wanted to be, so when there was a call to the alter she joined the church and became its newest member. Everyone hugged her and smiled at her. That felt good to her. Lakisha didn’t feel alone anymore.

After returning home, people from the church called her on her phone. She felt good about that and in fact after a few weeks she did begin to sleep.

Lakisha had never studied Christianity because she did not grow up in association with a church or denomination. Her mother was not and is not religious. Neither had Lakisha ever studied black history. In fact, she had never thought about her ancestral roots in the United States. She did not know that most of the people brought over from what is called Africa had not been Christian.  She did not know that at least 30% of those Africans had been Muslim and the remaining 70% had practiced some indigenous religious forms of worship. But that all changed over time.

Over the course of decades and centuries, the memories that the slaves had of their homeland, languages, and old beliefs and practices from the first generation of slaves were forgotten by new generations of descendants of slaves. A spiritual vacuum came to exist among the slaves in a condition of abject dehumanization.

Like all human beings they searched for meaningful explanations for their lives within the context of slavery. According to W.E.B. Dubois, the slaves initially were denied exposure to Christianity. They used music and folklore leftover from their African roots to fill their spiritual void.  But eventually slave masters preached to them their dogma of Christianity.

Eventually, the slave master created the first slave hierarchy. That hierarchy would define statuses, roles, and power differences among the slaves leading up to the house Blacks who were chosen by the slave master to represent his commands to the slaves and their descendants in perpetuity. The preacher was one of the chosen ones. It was a version of the European feudal system dividing whole populations from top to bottom based upon class, and race caste.

The preacher was chosen to serve the master and the master’s descendants.  As time passed the class of preachers would become one of the intellectual branches of Black servants in a broad ranging propaganda media super-structure which would reach right down into individual homes in the Negro community. Religious ideology in the Black community and the church infrastructures were all created by the slave master and his descendants to propagandize white supremacy to the slaves and their descendants.

Some preachers were and are educated in White Christian seminaries or in ivey league colleges. A preacher might also simply claim a ‘calling’ to preach. But they each swear an oath called the ‘Nicene Creed’. The Nicene Creed was not taught by the founder of what is called Christianity. It was enacted by Constantine, Emperor of Rome, 273-337 A.D. Therefore, it is not an oath to God but rather to the Caesar of Rome or Powers of This World.

This is where you must pay attention.  I’m going to tell you what drives this whole Ponzi Scheme. The bait of course is that you will get something called an interest payment or get money back for letting a bank hold your money for you.

If some preachers felt that they were ’Called’ by God, they could simply file for and obtain non-profit corporate status under State Law and then get a 501(c)(4) tax exempt status with the Internal Revenue Service.

The tax exempt status was enacted by Congress under the Revenue Act of 1913.  That law was enacted to be an incentive to preachers and or religious organizations to hustle nickels and dimes from the poor and huddled masses for deposit in the banks. But there is more to the Revenue Act of 1913.

It was enacted in 1913, the same year that the 16th Amendment to the U.S. Constitution was enacted by Congress instituting the Internal Revenue Service; it was the same year,1913, that Congress enacted the Federal Reserve Bank. It was orchestrated by the same bankers and politicians who pushed through congress the Federal Reserve Act and the Internal Revenue Service Act.

If one reads the text of the Revenue Act there one will find no explanation giving the reason for the 501(c)(3)(4) tax exempt subsection. Thus, in order to understand why Congress legalized a tax exempt status for non-profit religious corporations we must follow the money trail.

Listen carefully, because if you are a student of black urban religious history then you will see clearly that this is the historical moment when the concentration of nickels and dimes in the black urban communities nationwide begin to increase and to simultaneously attract the low life prosperity preachers like Daddy Grace and Father Divine who we know today.

The historical pattern is self-evident; wealth attracts thieves. As wealth increases in a group or nation corruption increases. Black people were the poorest urban dwellers in the United States but they did have pennies, nickels and dimes which over time added up to huge sums when concentrated. That attracted the preachers.

The preachers figured out how to hustle you for themselves and the White banks under the Revenue Act and the freedom of religious practice clause of the first amendment to the U.S. Constitution. Do a time line and see for yourself. The preachers earn on commission. 

The payoff system works in such a way that preachers are all paid either directly from a central church if they preach for a white Christian denomination which itself is based upon tithing or a preacher would pay himself from the tithes which he collects from a small independent church. What is absolutely necessary is that they continually sale the propaganda to individuals with promises of heaven or wealth. 

The independent churches equal millions of members. Each member believes they are giving to God. The reality is that they are giving as a result of fear, anxiety associated with status competition (peer pressure), or in the heat of passion or emotionally. 

Historically, tithing is the giving 10% of one’s farm produce and chattel to the priesthood. It is rooted in Jewish tradition in the Books of Malachi, Leviticus, Numbers, and Deuteronomy.

Tithing is not a Divine law; but generations of people have been lead to believe that it is. It was a primitive form of taxation which allowed for the growth of a oligarchy in Jewish culture. The Christians adapted the practice of tithing, but the system which Lakisha participates in today was established by the Roman Emperor Constantine. It is the Roman system which is the driver of much of the wickedness and corruption within Black churches today.

Now, Lakisha is one of approximately 25 million members in Black Churches throughout the United States. Sitting in the church pews with her son, Lakisha took two of the one dollar bills she had gotten from her Aid to Families with Dependent Children out of her purse and put them into the tithing dish. What Lakisha believes is that she is giving to God according to what is required by God.

All together Blacks in the United States tithed approximately 17.3 billion dollars in 2009.

What Lakisha didn’t know is that she is ‘rendering unto Caesar what is Caesar’s.’  Lakisha doesn’t know that the money she and her fellow members give to the church will be taken to a White bank and deposited.  The preachers will not deposit church money into a bank owned by descendants of slaves. It is for that reason that descendants of slaves today are impoverished, unskilled workers, under educated, and incarcerated more than any other ethnic group in the United States.

If each of those church members deposited .05 cents per day thirty times per month or 30X.05=1.50 per day per month per person it would equal 37,500,000.00 per month each month of the year. Finally, 12 X 37,500,000.00 would equal $450,000,000.00 in a year. That would be enough money to educate and train every young descendant of slaves without any government support. 

What Lakisha doesn’t know is that 90% of her church deposits along with 15 billion dollars in 2009 or 90% of the total deposits made by churches like her church were used by  banks to profit by selling high interests loans to corporations, small businesses, and buying shares on Wall Street. They do that legally under the Fractional Reserve deposit rule.

None of those corporations, small businesses, and investments will go to descendants of slaves. Each of them will invest in capital to increase their profits for their families. None of them will hire Black people in Lakisha’s neighborhood. So, Lakisha will not have employment opportunities as a collateral effect of all the money given to the banks by her church and others.  

That is the service that the preachers knowingly or due to ignorance provide for their masters.  That is the service that they render unto Caesar. And to add insult to injury, when some of the churches grow old and the number of members dwindles to nothing the preachers will take second mortgages out on church property, take the cash, and then let the loan go into foreclosure. The bank which holds title to the property will then take the church property and sell it for a profit.

Lakisha doesn’t know any of this. She is simply feeling empty and in pain inside like so many millions of people like her on the American plantation.

In the end, he or she who takes the cheese is the hood rat. They escape unseen while their media paint stereotypical images of Lakisha as being trifling and lazy.

 

 

 

 

 

 

 

BLACK HISTORY MONTH: JOHN HENRY WAS A STEEL DRIV’EN MAN

_johnHenry_14 

You’ve heard of John Henry haven’t you? John Henry was a steel driv’en man. He was a manual laborer. He was strong and tough,-a survivor.  Most of us have heard the ballad of John Henry. When pitted against a steam driven drill he was confident he would beat it.  But “…before the machine could beat him down John Henry hammered his fool self to death.” You should listen to the ballad of John Henry.

 

There is a moral to the folk ballad of John Henry which all African Americans and indeed all Americans should comprehend. A book written and published by Sidney M. Wilhelm in 1971 entitled: ‘Who Needs the Negro?’ will facilitate your understanding of the moral behind the ballad of John Henry.

 

Wilhelm’s basic thesis is that: “Negroes may enjoy equality insofar as they are first made economically irrelevant.”[1] African Americans finally achieved political equality under the law but at the same time for the past 50 years have not been cognizant of the fast pace of technological change taking place in the United States.  But this lack of  understanding is not surprising for some since most African Americans are not educated and do not have leadership at the local or national level to warn them of what is coming in the future.

 

What Wilhelm observed is that most African Americans came out of a work tradition of manual labor which required no technical training or expertise.  Three economic epochs define the economic necessity for ‘negro’ labor in the United States. All but one occurred in the 20th century. It is an ongoing tragedy of separation.

 

The first economic epoch was that of preindustrial agricultural labor intensive work or slavery primarily in the South; the second economic epoch was that of sharecropping under Jim Crow segregation in the South. It too was characterized by manual intensive labor.  The third economic epoch was that of unskilled industrial manual labor especially during World Wars I, II, and during the Vietnam war.  In each of those epochs, African American labor can be generally characterized as necessary unskilled ‘manual’ labor.  As such African Americans were wholly dependent upon the context or the where-ness and infrastructure of production or how production would be carried out.

 

Both the context and infrastructure of production began to change for African Americans when after 1945, the mechanical cotton picker and then later the mechanical tobacco harvester were applied to agricultural production in 1965. One of either of those machines could do the work of a 1000 workers in a day. The introduction of farm automation ended the need for manual farm labor in the south. Two things resulted from farm automation. One reality was that African Americans were no longer needed for manual labor in the South.  And two, automation caused the acceleration of a mass migration by African Americans out of a rural context into a city context. For a while the new city context for African Americans gave them respite, but not for long. The infrastructure of production was changing rapidly.

 

Wilhelm observed that as the urban African American population grew by 86% between 1954 and 1966 that parallel to that population growth there was a 50% growth of industrial and mercantile construction outside the core city. The unskilled jobs were taken out of the urban center where African Americans lived. This shift was a national phenomenon. For example it happened in Oakland California. Between 1950 and 1960, 100,000 Whites moved out of Oakland to surrounding suburbs. By the late 1970s manufacturing companies were also moving out of Oakland. It was by design. Not only was there an increase in industrial production outside of city centers but there was also an increase in automation in factories.

 

This brings another problem to the forefront. That problem is the lack of education and more specifically the training of African American youth into the vocations and sciences. The controversy begins at the turn of the 20th century. Then only one man argued that African American youth should be trained to master the trades and vocations. That man was Booker T. Washington.[2] He established the Tuskegee Normal and Industrial Institute in Alabama. But his idea was opposed by those who argued for liberal arts educational opportunities particularly for children of the talented 10th elite of which W.E.B. Dubois was a member.

 

Booker T. Washington’s idea was also opposed by those who argued for entrepreneurial and Black Nationalists’ agendas. Those two agendas were most aggressively pushed by Marcus Garvey.  Though there is some merit in both Dubois’ and Garvey’s strategies both Dubois’ and Garvey’s proposals, now tried and tested over 100 years, have been proven to be defective means for the social and economic improvement of African Americans.[3]

 

Wilhelm wrote in his book that just when the civil rights laws were enacted by Congress or by a Supreme Court Ruling to insure equal access to public schools and universities the standard for entry into those schools was elevated. For example, prior to 1968 there was no SAT test requirement for application to a University of California. Grade point average was the major criterion. The pattern is clear.  Just as the first wave of baby boomers started graduating from high schools in the mid and late 1960s the SAT test was introduced to eliminate minorities.  That was by design. That same method is now being proposed in 2013-14 to make the GED (General Education Test) test more difficult; that will affect ethnic minority chances to overcome failed high school experiences. More African Americans will fail to pass the test because of the pervasive weakness in mathematics among minorities.

 

By disqualifying African Americans by the use of standardized testing those minorities will be precluded from the training they need to compete for post-industrial jobs. The high school dropout rate for African Americans nationally is over 50% for men and 46% for women. Consequently, there are millions of unqualified African American high school drop-outs.

 

There is yet another problem. It is the problem of leadership or the lack thereof.  Today, civil rights law is not the central issue facing African Americans.  The problem is automation and the inability of millions of African Americans to retool their skills to compete within the post-industrial context. Liberal democrats will not speak in public of the issue while racist extremists and right wing republicans along with Tea Party advocates are pushing aggressively for privatization of Government. People they put before the public are silent on this issue, too. Those misleading public figures make the old argument for civil rights at a time when the law supports civil rights. But anyone who studies U.S. Labor Department Statistics will see the real issue of the day. They will see that there are 73 million unskilled workers in the job market. Of that number 4.5 million are African American. African Americans have the lowest paying jobs and belong to the most unstable families than any other group in the United States. Wilhelm states that African Americans are those who are increasingly ‘unnecessary’ in post-industrial America.

 

What Wilhelm did not see is that a last ditch effort would be made to make the ‘Negro’ economically necessary. First, the unskilled would find a new role as inmates in the prison industrial complex but not to work rather for government to justify increased taxation on citizens to support inmates who sit idle in prison and jail custody and to generate profit for corporate prison enterprises such as ‘Corrections Corporation of America’. Secondly, yet another way to make the Negro economically necessary was not foreseen by Wilhelm. This form of exploitation attaches to AFDC and Welfare income recipients to support small ghetto businesses which depend upon government entitlement money to survive. Here, too, as in the prison industrial complex there is no need for African Americans to be skilled or educated or to do any work at all. Just spend money. Both ghetto businesses and companies like ‘Corrections Corporation of America’ will fight tooth and nail to make the Negro economically necessary for their kinds of businesses. But they have one insurmountable problem and that is the demographic decline of African Americans over the next 46 years. Consequently, the general thesis of Wilhelm remains a cogent one.

 

Robotic technology is increasing at an accelerating pace. Factories and warehouses are employing robots run by computers to do the work that hundreds once did on a single shift. The cost for using robotic technology is cheaper than the cost for human labor.[4] The cost is even cheaper than what is paid to overseas workers. So, though we may see manufacturing return to the United States it will not be to hire unskilled Americans.

 

Unskilled African American workers are in the category of unnecessary. A humungous 72% of all African Americans with college degrees work for some form of Government. They too will be made ‘unnecessary’ because another post-industrial likelihood is the privatization of Governments at all levels. Look at Detroit as a model of a totally financially broke and dysfunctional Government.  Detroit will not be resurrected to it former form. Much of it will be privatized.

 

The United States Post office is another example of the privatization of Government movement. Already, as it stands it is partly privatized. In the years to come, it too will no doubt be completely privatized. Most State and City Governments are teetering on the edge of financial collapse and will seek alternative ways to govern and decrease expenditures due to shrinking tax revenue. Many of them will privatize departments and African Americans though educated will become ‘unnecessary’.  When Army and Naval military bases and hospitals closed in Oakland and Alameda, California during the 1980s and 90s that is exactly what happened. Thousands of African Americans lost their jobs. They too were unskilled for the post-industrial infrastructural changes.

 

Sidney Wilhelm ends his book with a very existential prediction. He states: “Under the economy of past technological configurations, it was incumbent upon White America to balance racial values against economic incentives. But with the introduction of automation, the necessity virtually disappears, since it is economically feasible to negate the traditional rational for the Negro’s existence. …the affected Negroes will not be so much abused as ignored. There will be no necessity to maintain measures of intimidation for purposes of economic returns as the Negro shifts from the economics of exploitation to the economics of uselessness.”[5] Later he states: “It is the double curse flung upon the Negro by White America to judge competency against the performance of a machine and the person by the color of their skin.” [6]

 

John Henry was a steel driv’en man. But John Henry died. His heart just popped wide open. His heart could not take the strain from competing with machines and he could not imagine, manufacture, and produce machines himself. John Henry did not have the foresight to see the age of automation.

 

 

 

 

 

 

 

 



[1] Sidney W. Wilhelm, Who Needs The Negro?,  Doubleday & Company, Garden City, New York, 1971, p.p. 265

[2] Booker T. Washington, The Future of The American Negro, 1899, Seashore Classics,

[3] The FBI undermined Marcus Garvey but realistically, it is very doubtful that it would have worked for the masses. For example, Liberia was purchased by President Madison in 1822. It was headed by ex-slaves and Free Blacks. But it became a plantation for American companies like Firestone, Inc. and the Liberian leaders were nothing but brutal dictators over African people.

[4]  60 minutes, Businesses Use More Automation, Fewer Workers, July 21, 2011, by Kelly Cobiella, CBS News

[5] Sidney M. Wilhelm, Who Needs The Negro, Doubleday & Company, Inc., Garden City, New York, 1971, pp. 223

[6] Ibid, pp 265

Welcome to Earth Colony.net: THE HIJACKING OF THE FOURTEENTH AMENDMENT, by Doug Hammerstrom, Attorney at Law

picture of 14th amendment

Constitutional Law courses in law schools teach that the Fourteenth Amendment defines the limit beyond which state legislation may not impinge on property rights. They also teach that the Fourteenth Amendment incorporates the Bill of Rights and imposes its limitations upon the states. But what do these legal doctrines have to do with the plain purpose of the Fourteenth Amendment – to assure political rights for the newly-freed slaves? And how did these doctrines arise out of the Fourteenth Amendment?

 

 

While society was grappling with bringing former slaves into U.S society, the power and influence of corporations was also on the rise. While very few people were turning their attention and energy to bringing former slaves into society – indeed, far more energy was being put into NOT bringing them into society – corporations were using a great deal of their wealth to hire lawyers to advance their interests in the courts. The Fourteenth Amendment offered an opportunity to advance corporate interests, and the corporate attorneys set out to exploit it.

 

 

Of the 150 cases involving the Fourteenth Amendment heard by the Supreme Court up to the Plessy v. Ferguson case in 1896 that established the legal standing of “separate but equal,” 15 involved blacks and 135 involved business entities. The scope of the Fourteenth Amendment to secure the political rights of former slaves was so restricted by the Supreme Court that blacks won only one case. The expansive view of the Fourteenth Amendment that comes down to Constitutional Law classes today is the result of corporations using the Fourteenth Amendment as a shield against regulation. Ultimately the Plessy decision left Jim Crow laws, state laws discriminating against blacks, in place because of doctrines developed in those corporate shield cases.

 

 

How ineffective the Fourteenth Amendment was for blacks in the 19th century is told well by Richard Stiller in his book, Broken Promises: The Strange History of the Fourteenth Amendment (1972). Things did not look good for the freed slaves immediately after the Civil War and the assassination of Lincoln. Lincoln’s successor, Andrew Johnson, vetoed the Civil Rights Act of 1866. In his veto message he said it was not proper “to make our entire colored population . . . citizens of the United States.” Johnson’s veto message was a signal for violence and murder all over the South.

 

 

Thaddeus Stevens led the successful fight for the Fourteenth Amendment. The first section of the amendment declared blacks to be citizens of the U.S. [the language parallels language in the Dred Scott decision and overrules Dred Scott ] In July of 1868, when the Fourteenth Amendment was ratified, it looked as if racism sustained by law was dead in the United States.

 Picture of freedman

 For a short period of time things went well for blacks. Negroes held office widely in the South. Free public schools, set up for the first time in the south after the Civil War, served black and white children equally. Louisiana’s state constitution required integration in the new public schools. In order to preserve this status, a civil rights bill was promoted in Congress. The law, not passed until 1875, made segregation in public facilities – such as hotels, restaurants, and railroads – a federal offense. In 1873 when the Supreme Court heard the Slaughterhouse Cases, its first Fourteenth Amendment case, the Court rebuked the attempts of business interests to use the amendment, saying that the Fourteenth Amendment’s “main purpose was to establish the citizenship of the Negro.” Justice Miller added, “We doubt very much whether any action of a State not directed by way of discrimination against the Negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.”

 

 

By the mid-1870s, however, the mood had turned. Reconstruction was ended in a deal cut to resolve the 1876 presidential election. Some of the Court’s justices were racists. One of these was Stephen J. Field. After the 1873 decision he wrote to a friend: “I belong to the class who repudiate the doctrine that this country was made for the people of all races. On the contrary, I think it is for our race – the Caucasian race.”

 

 

 In United States v. Cruikshank (1876) the Court said that the Fourteenth Amendment “adds nothing to the rights of one citizen against another.” Yet Congress had written the amendment to do just that. The hearings on the Fourteenth Amendment indicated that most of the abuses being suffered by Negroes were at the hands of individual white persons rather than state governments or those acting under color of law. Congress had just made its intent evident in the Civil Rights Act of 1875. However, when the Supreme Court ruled on the constitutionality of that act in 1883, the Court cited Cruikshank, amazingly negating Congress’s intent in that act on the basis of the Court’s divination of Congress’s intent in passing the Fourteenth Amendment. Logic would say that Congress might have known its own intent in enacting the Fourteenth Amendment when it drafted the Civil Rights Act just two years later and passed the Act just seven years later.

 

 

 Meanwhile, the corporate lawyers picked up on a point made in Justice Field’s Slaughterhouse dissent: that the amendment was broad enough to protect all of U.S society from the deprivation of fundamental, natural law rights, and that the Supreme Court had a duty to fashion decisions to protect those rights. Ironically, this was the argument the abolitionists made for ending slavery that was rejected in the Dred Scott case. The argument became the basis for what is known as substantive due process.

 

 

 In what was to become a familiar assertion, railroads in Illinois complained in the State Railroad Tax Cases that the Illinois tax laws violated due process because corporations were taxed differently. In Munn v. Illinois, Justice Field continued his crusade for the corporations and the assertion of substantive due process. The majority decision allowed the state to set rates for grain elevators because, though private property, they were “affected with a public interest” and “affect the community at large.” In his dissent, Field threw a laissez-faire-fit at this ‘socialist’ ruling. One piece of the substantive due process doctrine became a Supreme Court procedural mandate when the Court majority accepted Field’s view that determination of the reasonable limits of due process was a judicial function.

 

 

In Kentucky Railroad Tax Cases the assertion again was made that taxes violated a railroad’s due process rights. The assertion was also made – for at least the third time before the Supreme Court – that corporations are persons under the Fourteenth Amendment. The corporate legal campaign to gain ‘personhood’ status finally succeeded when the report of the opinion in Santa Clara County v. Southern Pacific. R.R. contained a statement purportedly made by Chief Justice Waite before oral argument that “(t)he court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny any person within its jurisdiction the equal protection of the laws, applies to these corporations. We are all of the opinion that it does.” The statement is suspect because the issue was argued. The case was decided on other grounds and the Court directly declined to decide the Constitutional question. Justice Field cited Santa Clara as holding that corporations are persons in a later case, and that notion of Santa Clara’s holding has stuck.

 

In the same year – 1886 – the Court again stated that the court might intervene and make its own assessment of the propriety of rate regulations in The Railroad Commission Cases. The substantive due process doctrine reached its full flower in Lochner v. New York. The U.S. Supreme Court invoked ‘substantive due process’ to substitute its judgment for that of the New York legislature in holding that a law regulating the working hours of bakers violated the Fourteenth Amendment.

 

 

In Davidson v. New Orleans, Justice Miller remarked that the due process clause of the Fifth Amendment rarely had been invoked in the near-100 year history of the Constitution. Yet the due process clause of the Fourteenth Amendment lately was being invoked regularly. The author would suggest the difference was the litigation spending of the railroads in the latter period. Yet by 1877 only nine Fourteenth Amendment opinions had been rendered. From 1877 to 1885, twenty-six additional opinions were issued. In the 13 years before 1912, 409 due process opinions were handed down. From 1886-1912 two cases restrained or annulled State action involving Negroes, and 39 cases restrained or annulled State action against corporations.

 

 

While the corporations were triumphant in wielding the Fourteenth Amendment as a shield against democratic control, blacks were abandoned by the Supreme Court. Not only was the law not used to protect their Constitutional rights, the law was used affirmatively to degrade them. Ten years after Plessy, the Supreme Court ruled that a state could force white people to discriminate against black people even if they did not want to. A private college that had voluntarily educated black and white students together since the Civil War was forced to expel the black students when, in Berea College v. Kentucky , the Court upheld a Kentucky statute that said black and white students could not be taught in the same school. The white students sent a farewell letter to their former classmates. “Our sense of justice shows us that others have the same rights as ourselves. We hope never to be afraid or ashamed to show our approval of any colored person.”

 

 

In response to the Berea decision, states and cities of the South rushed to follow the Court’s lead. They passed laws criminalizing white people’s voluntary association with black people. In countless cases in the South the sight of a black or white family entertaining visitors of the other race resulted in a call for the police and a threatened arrest. 

 

 

The results of Jim Crow laws were not just degrading, they were deadly. Dr. Charles R. Drew, whose research on blood plasma led to the development of blood banks and who was the head of the American Red Cross blood banks in WWII, bled to death on his way to the colored hospital, which was further away, because the white hospital refused to treat him. An uncounted number of black accident victims died because they were denied help by “white” ambulances, hospitals and doctors.

 

 

Corporations, on the other hand, hijacked the Fourteenth Amendment and have used it to consolidate their power in the U.S. and the world. Corporations have gained many of the inalienable rights of humans guaranteed by the Bill of Rights with their status as “persons” under the Fourteenth Amendment. Through their right of free speech they have captured our legislatures and regulatory agencies. They have used the key to the courts that the Fourteenth Amendment provides them to invalidate legislation that might have slipped through their control of the legislative process.

 

 

One hundred and fifty years of investing wealth in lawyers and using those lawyers to flood the courts with the corporate perspective on the law has led to corporate culture defining the world through law. The provisions of law corporate lawyers argued for in U.S. courts in the 19th century they now write into international trade agreements. The U.S. economy’s colonization by corporations serves as the model for the colonization of the world by multinational corporations