Showing posts with label Dred Scott. Show all posts
Showing posts with label Dred Scott. Show all posts

Friday, March 8, 2013

No Longer Ignorant or Blissful


We’re all indebted to Thomas Gray for coining the phrase “ignorance is bliss” in his Ode on a Distant Prospect of Eton College (http://www.thomasgray.org/cgi-bin/display.cgi?text=odec). Twice this week I came away feeling less than thrilled upon finding out some realities.

I celebrated my 64th birthday Wednesday (thanks, all who Facebooked me or sent notes the old-fashioned way—by email—and the even more old-fashioned way, by snail mail). For years whenever asked about my birthday I would say March 6, the day the Alamo fell. Now, however, thanks to one of those annoying “15 seconds in time” Geico radio commercials, I learned that March 6 is the day the U.S. Supreme Court issued its most infamous ruling, the Dred Scott decision, in 1857.

While Geico did perform a public service in bringing this bit of historic news to my attention, I was less than pleased to hear how the insurance company framed the decision. It took the safe explanation, merely stating the judges ruled slave owners had the right to take their slaves into Western territories, that the federal government did not have the power to regulate slavery in those areas. 

What Geico did not point out is that in the Dred Scott decision the Court held that slaves were personal property, that people of African descent, whether free or slave, were not protected by the Constitution, that they had no rights as a U.S. citizen, that they had “no rights which any white man was bound to respect.” According to Chief Justice Roger B. Taney, Dred Scott was the property of his owner, and property could not be taken from a person without due process of law (http://www.britannica.com/EBchecked/topic/171273/Dred-Scott-decision).

The 13th, 14th and 15th Amendments to the Constitution basically have voided the Dred Scott decision, but disenfranchisement of African-Americans, and other minorities, has been a tragic legacy still weighing us down as a nation. The Voting Rights Act of 1965, and its subsequent renewal, helped expand voting rights, but the current challenge by Shelby County, Ala., to Section 5 of the law raises the prospect of another ignominious decision by the Court. 

Which brings me to my second enlightened disappointment of the week. I had followed coverage of the Supreme Court arguments. I remonstrated against Justice Antonin Scalia’s bigoted views and the absurdity and hypocrisy of a conservative judge advocating judicial advocacy to do the work of Congress. No, my reversal of ignorance is of a more personal nature.

Thanks to a clip on The Colbert Report Wednesday night, I once again was embarrassed to hear my cousin, Bert Rein, argue before the Supreme Court in favor of the entitled, in favor of those who would repress the rights of the disadvantaged. While the history of this country has been the (gradual) expansion of voting rights to all citizens, my cousin, representing Shelby County, stood for the belief that “the problem for which the Voting Rights Act was addressed is solved.” 

Did Bert sleep through the last election cycle? Did he not witness attempt after attempt by Republican elected officials in state after state to restrict voting access to minorities? 

Sometimes, ignorance truly is bliss. 

Sunday, September 5, 2010

A Time for Every Purpose

My birthday is March 6. It’s not too early for those who don’t have that date circled on their 2011 calendar to do so now, though that is not the reason I am giving you six months’ notice. Rather, I am reacting to a story in this morning’s NY Times, “This Life: A Day To Dance Or Weep?” (http://www.nytimes.com/2010/09/05/fashion/05ThisLife.html?_r=1&hpw)

As a New Yorker, I reflect almost daily on the void in lower Manhattan where the Twin Towers stood. Now that I’m no longer commuting to an office, most days I’m listening to WCBS880 radio news as I putter around in the morning. With uncanny persistence, the announcers each day call out the time exactly at 9:11. They probably don’t realize they repeatedly are piercing the hearts of so many listeners. Perhaps no one who was not a New York area resident that fateful day nine years ago can fully appreciate the ongoing assault to our sensibilities.

The Times article raised an important point. When is it proper to return to normalcy, to celebrate happy occasions that by coincidence, or planning, fall on September 11? In a larger sense, in the context of the current debate on the building of a mosque two blocks from Ground Zero, when is it proper to just...move on?

If we wanted to always dwell on the past, there are ample reasons to live a cloistered and melancholy life. A few years ago, some enterprising(?) souls put together a daily calendar listing calamities that befell Jews throughout the millennia. How comforting to know I’m part of a people with so long and rich a daily history!

When I tell people I was born on March 6, I usually say I share the date with the fall of the Alamo. I don’t mention that Davy Crockett and Jim Bowie, as well as a hundred or more other Alamo defenders, died that day. I was a big Davy Crockett fan as a child. I adored Fess Parker. Even had a ‘coon-skin hat for a while.

The Alamo wasn’t the only infamous event to happen on my birthday. Of far greater import was the Missouri Compromise that President Monroe signed into law in 1820, permitting the Show Me territory to enter the Union as a slave state. Thirty-seven years later to the day, the U.S. Supreme Court issued one of its most egregious decisions. In the Dred Scott case, the court ruled, according to Wikipedia, “that people of African descent imported into the United States and held as slaves—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States. It also held that the United States Congress had no authority to prohibit slavery in federal territories. The Court also ruled that because slaves were not citizens, they could not sue in court. Lastly, the Court ruled that slaves—as chattel or private property—could not be taken away from their owners without due process.” How would you like that legacy as part of your birthday heritage?

Of course, some less traumatic occurrences happened on my birthday. In 1475, Michelangelo was born. Lou Costello (1906), Alan Greenspan (1926) and Shaquille O’Neal (1972) also took their first breaths on March 6. Life ended for Louisa May Alcott (1888), John Philip Sousa (1932), Pearl S. Buck (1973), Ayn Rand (1982), Georgia O’Keeffe (1986) and many more luminaries on March 6. In short, every day has its pluses and minuses.

September 11 is no exception. Did you know that in 1609 Henry Hudson discovered Manhattan on September 11? Or that the British Mandate of Palestine began in 1922 (the Mandate might have been detested when it ended in 1948, but it was the first concrete step toward Israeli statehood). One year earlier, the first moshav (cooperative farm) was settled in Palestine. In 1978, Menachem Begin and Anwar Sadat came together on September 11 to sign the Camp David Peace Accords between Israel and Egypt. In 1989, the first breach of the Iron Curtain between Austria and Hungary allowed thousands of East Germans to flee repression, hastening the fall of the Soviet Union and its Eastern Bloc allies. In 2005, Israel unilaterally completed disengagement from the Gaza Strip.

On September 11, 2001, a day of crispness and bright sunshine, 2,977 innocent people were killed in the terrorist attacks. We should never forget them. We should never forget, or forgive, the murderous band that rained death on our country. But it’s time to move on. As it says in Ecclesiastes, “A season is set for everything...A time for weeping and a time for laughing, a time for wailing and a time for dancing.” Every day has its history of tragedy. Our spirit demands we infuse September 11 with added meanings, new hopes, new reasons to celebrate, not just commemorate.