“One of our founding principles as a nation [is] that Black lives and Black bodies don’t matter; you see that in all our headlines today. This original sin lingers on, that’s why we got to call it sin… Slavery never ended, it just evolved. Mass incarceration is the current evolution of slavery.”
–Jim Wallis  
 
 
“Even the most casual student of our country’s legal system should know that racism hasn’t existed since 1964 when we passed the Civil Rights Act. So obviously there’s no possible way for my statement to be considered racist if racism hasn’t existed for fifty years! I mean come on, racism? It’s 2015 people, racism is over.”

–Antonin Scalia
 

When does brutality end – when it stops being practiced or when its effects stop being felt?

Neither condition has been met in the United States today. Black people still suffer under state-sanctioned barbarism just as the echoes of cruelty from years past continue to ring in our ears.

People of color – whether they be black, Latino, Hispanic, etc. – experience a much different reality than whites. They live under the constant threat of violence without justice. Their rights are continually being re-evaluated. They are subject to systems that wait for them to step out of line in even the most innocuous ways and then pounce.

And the white majority goes around blind to these perceptions while repeating the fairy tale that all wrongdoings were only in the past.

But it’s not in the past. Our history, written in blood, has never been allowed to dry on our forgotten chronicles of yesterday. When white eyes examine the facts, they often see a series of unrelated dots which they cannot – or will not – logically connect.

The Civil War is over, they say.

No. It’s not.

Slavery is over, they say.

No. It’s not.

Racism is over, they say.

No. It’s not.

We still are engaged in the struggle for basic human dignity. And the only way to even begin on that path is to recognize the truth staring us in the face.

Nothing has ended. It has only evolved.

THE CIVIL WAR

When did the American Civil War end?

This may seem a strange question to ask.

But when a country goes to war with itself, it may be difficult to discern when that conflict actually comes to completion.

History gives us many important dates to consider.

On April 9, 1865, commander of the Confederate armies General Robert E. Lee surrendered at Appomattox, Virginia. But there were still sizable Confederate troops left standing.

In fact, the bloodshed was far from over. President Abraham Lincoln was murdered a mere 5 days later by John Wilkes Booth, a Southern sympathizer. Andrew Johnson was sworn in as President on April 15, the next morning.

It wasn’t until April 26, that General Joseph E. Johnson surrendered nearly 90,000 Tennessee soldiers – the largest of a series of subsequent capitulations.

President Johnson declared the insurrection to be over on May 9. However, the last Confederate general didn’t surrender until June 23.

Which date shall we choose? Perhaps it doesn’t matter. The point is that the conflict clearly came to an end.

Clearly the Confederacy was defeated by the Union.

Wasn’t it?

The problem is how to tell.

The Southern states were brought back into the union. But the overwhelming reason behind their secession has not been settled.

Today partisans and talking heads will argue that slavery was but one of many reasons behind the split. But during the 1860s, there was no such confusion.

Four of the Southern states explicitly gave slavery as the impetus for the break.

But Alexander H. Stephens, the Vice President of the Confederacy, removed all doubt when he said:

“The new Constitution has put at rest forever all the agitating questions relating to our peculiar institutions–African slavery as it exists among us–the proper status of the negro in our form of civilization.

[…] The general opinion of the men of that day
[Revolutionary Period] was, that, somehow or other, in the order of Providence, the institution [slavery] would be evanescent and pass away.

[…] Our new Government is founded upon exactly the opposite ideas; its foundations are laid, its cornerstone rests, upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and normal condition.”

So if the war was fought over the issue of slavery and the subjugation of black people, its end can be traced to the date at which slavery ended and black people were treated as equals with whites.

That day has not yet come.

Outright slavery came to an eventual end, but – as we shall see – it was replaced with another institution. Moreover, in the aftermath of Reconstruction, we were left with Jim Crow laws cementing white supremacy. Most newly “freed” blacks lived in squalid conditions with few rights, little pay and education. Their situation was only slightly different in fact from their state under slavery. These laws had to be struck down by the collective actions of the Civil Rights movement of the 1950s and ‘60s.

Only then were black people truly permitted to vote en mass. Only then were they permitted in the same public spaces and offered some actionable protections under the law. But social and economic change still lags behind.

Today, more than 150 years since the end of the war’s military conflicts, we’re left to ponder: have things really changed so much?

Certainly there are cosmetic differences. There are no open air slave markets, no rolling cotton plantations staffed by bare backed, lash marked, kidnapped Africans. But have black people really been put on an equal footing with whites? Do they enjoy the same freedoms and privileges? Are they truly free from bondage and oppression?

If we look with open eyes, the answer is no.

SLAVERY

Today no one is legally allowed to own another person. You can’t purchase human beings. You can’t deprive them of their liberty and rights. You can’t use them as a source of revenue for your own benefit.

At least, that’s what the law says. But it happens every day.

What is the modern prison industry if not a new form of slavery? No matter how you look at it, we lock up a higher percentage of our population than any other country in the world. The US represents 5% of the world’s population but has 25% of the world’s prisoners. And the majority of those inmates have brown skin.

Whether federal, state, or privately run, the result is a massive increase in incarceration for people of color. In fact, more black people are in prison today than were in bondage in 1865. That’s a higher percentage of the black population than South Africa locked up at the height of apartheid. Today one in three black males is likely to spend some time incarcerated. That’s not insignificant.

Technically no one owns these people, but they are deprived of their freedom. They are kept in prison and unable to leave. In lockup, they are forced to work and the profit from that cheap labor goes to the prison industry. Moreover, state and federal governments often farm out these prison services to private industry which then profits off that incarceration. In many cases, the government has a contract with these corporations to fill X number of beds or else be penalized with Y dollars. So the incentive is to provide a continual stream of persons bound to labor.

This looks a lot like slavery. It is a kind of plantation where big business is paid to keep people in chains.

However, one can anticipate the following objection: Slaves were born into their servitude. Prisoners are not. They are thrown behind bars because they freely broke the law.

This does represent a difference. But is it more than cosmetic?

People of color – especially black males – commit crimes at about the same rate as white people but are imprisoned nearly six times the rate of whites. They also get much harsher sentences than whites for the same crimes. They are often imprisoned for nonviolent drug violations. And once in the system, it’s hard to get out. To survive in prison, it is often necessary to become a criminal even if you weren’t much of one when you entered.

Even if you manage to get out, you now are a second-class citizen deprived of many of the rights and privileges of your neighbors. Spend any time in the system and you’ll increasingly be deprived of your right to vote and may find it difficult to achieve gainful employment. The chances of going back inside for someone who has already been there are huge.

That is not slavery. But it’s not far from it.

As Michelle Alexander writes in her landmark book The New Jim Crow: Mass Incarceration in the Age of Colorblindness:

“The genius of the current caste system, and what most distinguishes it from its predecessors, is that it appears voluntary. People choose to commit crimes, and that’s why they are locked up or locked out, we are told. This feature makes the politics of responsibility particularly tempting, as it appears the system can be avoided with good behavior. But herein lies the trap. All people make mistakes. All of us are sinners. All of us are criminals. All of us violate the law at some point in our lives. In fact, if the worst thing you have ever done is speed ten miles over the speed limit on the freeway, you have put yourself and others at more risk of harm than someone smoking marijuana in the privacy of his or her living room. Yet there are people in the United States serving life sentences for first-time drug offenses, something virtually unheard of anywhere else in the world.”

THE EVOLUTION OF RACISM

Even for those people of color who have never been incarcerated, there is the constant burden of living in a racist society.

It’s not so much that white individuals consciously practice bigotry and hate in their daily lives. It’s the systematic abuse that’s built into the very fabric of our governments and communities. No one has to decide to be racist. They just go along with the status quo without seeing how that status quo puts black people at risk.

And it doesn’t take much imagination to recognize how the realities of today grew from the prejudices of the past.

LYNCHING

Before the 1960s, it was common for black people – especially men – to be brutalized and murdered with little to no provocation. A look, a word, even the suspicion of violating unspoken social codes could earn a death sentence. Nor was the accused even given a chance to defend himself or explain. That generally doesn’t happen today. Southern trees no longer bare such ‘strange fruit.’

But the same cannot be said for our inner city streets, playgrounds and churches.

It doesn’t take much beyond suspicion of wrongdoing, a suspicion that only requires the sight of black skin to justify deadly force. People of color still are publicly executed with little to no provocation. Black people have been slaughtered in the last few years for the following offenses: buying Skittles and iced tea, driving with a broken tail light, being suspected of selling loose cigarettes, selling CDs in a parking lot, being scared and running the other way or even just attending a house of worship.

Instead of a white robe, a disturbing number of their executioners wear a badge and police blues. Many of these hits were conducted by the very law enforcement officers that are charged with the duty to protect and serve. And when these incidents come before a grand jury, they rarely go on to criminal court. In the eyes of the law, an unarmed black person killed by police rarely inspires any suspicion of wrongdoing on the officer’s part. To the courts, it’s not even conceivable that a crime may have been committed.

As Slate’s Chief Political Correspondent Jamelle Bouie put it:

“Our courts and juries aren’t impartial arbiters — they exist inside society, not outside of it — and they can only provide as much justice as society is willing to give.”

This phenomenon isn’t the same as the lynchings of old – but it’s awfully similar. In both cases, there is little provocation, no quarter given and no justice afterwards. In fact, the modern variety may be worse. US Police killed more black citizens in 2015 than were lynched at the height of segregation.

SEGREGATION

At first glance, one might assume segregation to be a thing of the past. There are no more separate lunch counters, separate bathrooms, separate schools, etc.

Brown vs. Board of Education made it illegal for public schools to be “separate but equal” because if they were separate, they were rarely equal.

Certainly progress was made in this regard during the 1960s, ‘70s and ‘80s. But as time has gone on, integrated schools just haven’t been a priority – even for the Obama Administration.

When you look at public schools today what you see is increasing segregation. Many districts are as segregated or worse than they were before the 1950s. So-called school choice initiatives have only made it worse with charter and voucher schools springing up that cater to one race at the expense of another. Cadillac charters open in otherwise economically diverse neighborhoods swooping in to provide white flight. Big corporations start cut-rate charters with empty promises for black kids while bleaching the student body at the neighborhood’s traditional public school.

But school choice isn’t the only problem. Economics plays a factor, too. Public schools often are funded based on local property taxes, so poor kids get much fewer resources for their schools than rich kids. And since most black students are poor, this provides a stealthy way to funnel more money and resources to the white kids than the black ones.

We don’t call it segregation because it doesn’t just affect minority children. It affects poor whites, too. Everyone agrees there’s a problem, but policymakers only propose measures that make it worse. Instead of fixing underlying inequalities, we punish under-resourced schools for the very academic problems they don’t have the resources to successfully eliminate. Instead of providing more and better equipped teachers, we hire lightly trained temps through Teach for America thereby reducing both the quality of education and the cost. Meanwhile private corporations line-up to start testing corporations, test prep publishers and for-profit charter schools at the expense of black and brown kids.

None of it would be possible without segregation. Our schools today are at least as separate and unequal as they’ve ever been. And no one in power cares.

VOTING RIGHTS

Perhaps the only progress we’ve made is in black people’s suffrage. At the time of the Civil War even in the North, blacks couldn’t cast a ballot or their vote was worth significantly less than that of white people. At least today people of color get the same say in the political arena as anyone else.

Or do they?

Since the Supreme Court gutted the Voting Rights Act, a plethora of states in both the North and the South have passed laws to make it harder for people of color to vote.

Voter ID laws have sprung up across the country requiring citizens to present photo identification at the polls. However, just any picture ID won’t do. These laws require exactly the types of identification black people are least likely to have. In addition, states pass restrictions on early voting making it difficult for black churches to help the majority of their congregations who don’t own cars to physically get to a ballot box. Likewise, polling places in black areas of town are closed forcing minorities to endure long lines to vote while people from white areas of town just waltz right in.

It’s not an outright ban on black voting. But it represents continued hurdles just as the Jim Crow laws of old required literacy tests, poll taxes and other forms of intimidation.

CONCLUSIONS

When we look closely at our society and how it treats blacks vs. whites, it becomes clear that something is terribly wrong.

There is deep inequality, deep inequity, deep assumptions about the relative worth of various peoples. In fact, our society creates and perpetuated these injustices. It’s baked into the system, taught to us in our unspoken assumptions, our prescriptions of right and wrong, propriety and norms.

If we step back and look at it from the long view, we can see exactly where this came from. It’s not new. It didn’t fall from the sky like a mysterious alien artifact.

The racism of today is merely the continuation of the racism of yesterday. We pride ourselves that we’re better than our forbears, but it’s only a slight matter of degree.

Black people still are subject to a form of slavery in our system of mass incarceration. They are lynched – often by law enforcement – with little to no consequences for their killers. They go to increasingly segregated schools. And they often endure severe obstacles in order to vote.

Therefore, the battles of the 1860s and 1960s have never fully been decided. The Civil War is not yet over. Slavery continues in a new form. And racism is entrenched in our nation, communities and people.

But if we recognize that, we’ve taken the first step to building a new and better world.