Category Archives: Personal

Letter to Senators Chambliss and Isakson, May 1, 2013

Here is the text of a letter I have sent to the two senators from Georgia, my home state, concerning their recent votes to block gun control legislation.  I post it here in  hope that it might inspire others to voice their opinions to their representatives in Congress on a topic that requires the urgent attention of everyone.

VIA FIRST CLASS MAIL

Mr. Saxby Chambliss
United States Senate
416 Russell Senate Office Building
Washington, D.C. 20510

Mr. Johnny Isakson
United States Senate
131 Russell Senate Office Building
Washington, D.C. 20510

Dear Senators Chambliss and Isakson:

I live in Atlanta, Georgia and write to express my disappointment in your recent vote to block passage of gun control legislation.  I am not a gun owner, but I am a father.  And when I first learned of the mass shootings in Newtown, Connecticut, I wept.  I wept for the children who had their lives – so full of vigor and promise – senselessly ended, and I wept for the parents of these children who, in a way, also had their lives ended that day – for what else is a parent than someone whose entire life is devoted to ensuring the well-being of his or her child.  In the days and weeks following the Newtown shootings, individuals from all political and personal persuasions voiced their support for laws that would prevent another tragedy like the one in Newtown from taking place.  I do not know if you were one of these individuals, and frankly, I do not care.  You know as well any anyone that, as a United States Senator, your convictions and your beliefs are, for better or worse, reflected in the votes that you cast on the Senate floor.  As Daniel Webster once put it: “Inconsistencies of opinion arising from changes of circumstances are often justifiable.  But there is one sort of inconsistency that is culpable; it is the inconsistency between a man’s conviction and his vote.”  I assume that when you voted to block consideration of gun control, you did so because your conscience told you it was the right thing to do.  If that is in fact the case, then I am sorry to say that this country is in much greater peril than can be addressed by any one piece of legislation.

To be sure, you have a political career to consider.  And many of your constituents may very well harbor the same antipathy to gun control initiatives that others have to the current regime of loophole-laden gun laws.  Some of these constituents may even have sound reasons in feeling the way they do: the Second Amendment is, after all, a foundational part of the Constitution, and guns, like other inherently dangerous objects – cars some to mind – may serve a purpose that is legitimate, unrelated to the indiscriminate killing of adults and children.  But unlike cars, guns – whether they be pistols or military-style rifles – are designed with the sole aim of ending, not preserving, life.  Yet they receive a fraction of the regulation that cars do – in the way they are sold, taxed, operated, and yes, tracked.  This is simply incomprehensible, especially for a country like ours which so often and so vocally prides itself on the high value it places on the sanctity of human life.

I write this letter to you not because I think it will persuade you to reconsider your position on whether and how to regulate firearms in this country.  I have little expectation that it will; if there were a time and place for such reflection it would have been before you voted the way you did on April 17, 2013.  Instead, I write because I do not want to consider the prospect that the 27 individuals who died in Newtown did so in vain.  I think it reasonable to believe that their lives, and the memories they have left behind, will outlast the career of anyone who voted on the Senate floor that day.  And this will continue to be the case as long as those in Congress continue to act and vote in a way that has made it the dysfunctional and irrelevant institution that it is today.

Sincerely yours,

Albert Wan
Attorney at Law

CC:

Senator Richard Blumenthal
Senator Chris Murphy

Balls, Bats and Bucks

Baseball season starts in less than a week.  That means leisurely days (or, more likely, nights) at the ball park with a hot dog in one hand, a beer in the other, and, if you’re like me, a scorecard on your lap.  It also means being a part of what we have come to call the Great American Pastime, witnessing feats of sometimes supernatural athleticism and, if you’re lucky, achievements of monumental importance.  For me, as a Met fan, Johan Santana’s 2012 no-hitter comes to mind.

But something troubles me about the game, and at times, it makes me feel like I would be better off just forgetting about baseball altogether.  But then what would my wife and I listen to as we puttered around the kitchen on many a summer night with the day’s heat then dissipating and our conversations turning to who is hitting what and why isn’t he doing better.  In any event, my concerns are no different from those that a lot of other people now have, and, probably have had since the inception of modern baseball: overpriced players, overpriced tickets, interminably long games, lackadaisical play, too many strikeouts, and ballparks that are called PETCO Park and U.S. Cellular Field.

But I do wish things were different.  For example, I wish that a player that you never heard of (assuming you follow baseball, of course) did not make millions of dollars each year where the average joe makes a fraction of that and then has to suffer the indignity of having to pay a part of that player’s salary if he or she wanted to watch him in-person, and increasingly, on a screen.  I also wish that baseball organizations were less concerned about their bottom line and more about what could be done to make the game more fan-friendly (hint: shrinking the confines of a ballpark so the home team can hit more home runs is not one of them); the two, it seems to me, never appear compatible in theory or in practice.

Despite all this, I think the integrity of the game is still intact.  Players still play because they love being on the field and not because its just a way to make a lot of money without really working (another great American pastime).  Managers still get peeved when players don’t hustle to first base on a sure-out grounder.  And fans still recognize and respect players who play the game with passion and heart rather than those who simply show up to collect a paycheck.  So I look forward to the baseball season.  At the very least, it will allow me to realize a dream I have long had: taking my son to his very first baseball game.

Ralph Ellison Turns 100

Photo of Ralph Ellison courtesy of California Newsreel

Photo of Ralph Ellison courtesy of California Newsreel

On March 1, 1913, Ida Millsap gave birth to Ralph Ellison whom she and her husband named after Ralph Waldo Emerson.  Ellison would go on to become a notable figure in his own right after writing and publishing The Invisible Man, in which he chronicled the journey of a young black man much like Ellison himself who left the Jim Crow South for New York’s Harlem only to find disillusionment wherever he went.  The title of this blog belongs, of course, to Ellison’s novel and the difficult theme it sought to explore on how the history of an “invisible” minority  is dealt with and reflected in modern American life.  In tribute to the Ellison centennial, The New York Review of Books has posted some pieces about Ellison which have appeared in the publication.  The tribute begins with the following quote from Ellison:

Perhaps more than any other people, Americans have been locked in a deadly struggle with time, with history. We’ve fled the past and trained ourselves to suppress, if not forget, troublesome details of the national memory, and a great part of our optimism, like our progress, has been bought at the cost of ignoring the processes through which we’ve arrived at any given moment in our national existence.

Those interested can read more of NYRB’s tribute to Ellison here.

Martin Luther King Jr. Day 2013

As has become a tradition of sorts since I started this blog, I write to commemorate Martin Luther King Jr. Day, which also happens to coincide with the second albeit unofficial inauguration of Barak Obama as President of the United States.  What significance lies in  such a series of coincidences I leave for you to ponder.  For present purposes, I post here in its entirely a piece entitled “The Way It Is” by Ralph Ellison, which originally appeared in New Masses on October 20, 1942. It describes Ellison’s encounter and interview with Mrs. Jackson, a Harlem resident, in which she reveals to him her feelings about living in the United States as a black person. Ellison was 28 years old when he wrote this.

*****

The Way It Is

by Ralph Ellison

The boy looked at me through the cracked door and stood staring with his large eyes until his mother came and invited me in.  It was an average Harlem apartment, cool now with the shift in the fall weather.  The room was clear and furnished with the old-fashioned furniture found so often up our way: two old upholstered chairs and a divan upon a faded blue and red rug.  It was painfully clean, and the furniture crowded the narrow room.

“Sit right there, sir,” the woman said.  ”It’s where Wilbur use to sit before he went to camp; it’s pretty comfortable.”

I watched her ease herself tiredly upon the divan, the light from the large red lamp reflected upon her face from the top of a mirrored side table.

She must have been fifty, her hair slightly graying.  The portrait of a young solider smiled back from the top of a radio cabinet beside her.

She pointed.  ”That’s my boy Wilbur right there,” she said proudly.  ”He’s a sergeant.”

“Wilbur’s got a medal for shooting so good,” the boy said.

“You just be quiet and go eat your supper,” she said.  ”All you can think about is guns and shooting.”  She spoke with the harsh tenderness so often used by Negro mothers.

The boy went, reluctantly opening the door.  The oder of peas and rice and pork chops drifted through.

“Who was it, Tommy?” shrilled a voice on the other side.

“You two be quiet in there and eat your supper now,” Mrs. Jackson called.  ”them two just keeps my hands full.  They just get into something all the time.  I was coming up the street the other day and like to got the fright of my life.  There was Tommy hanging on the back of a streetcar!  But didn’t I tan his bottom!  I bet he won’t even look at a streetcar for a long, long time.  It ain’t really that he’s a bad child; it’s just that he tries to do what he sees the other boys do.  I wanted to send both him and his sister away to camp for the summer, but things was so tight this year that I couldn’t do it.  Raising kids in Harlem nowadays is more than a notion.”

As is true so often in Negro American life, Mrs. Jackson, the mother, is the head of her family.  Her husband had died several years ago; the smaller children were babies.  She had kept going by doing domestic work, and had kept the family together with the help of the older boy.

There is quiet courage about Mrs. Jackson, and yet now and then the clenching and unclenching of her work-hardened fingers betray an anxiety that does not register in her face.  I offer to wait until after she has eaten, but she says no, that she is too tired right now and would rather talk than eat.

“You finding the writing business any better since the way?” she asked.

“I’m afraid no,” I said.

“Is that so?  Well, I don’t know nothing about the writing business.  I just know that don’t many colored go in for it.  But I guess like everything else, some folks is doing good while others ain’t.  The other day I was over on 126th Street and saw them dispossessing a lawyer!  Yes, sir, it was like back in the thirties.  Things piled all over the sidewalk, the Negroes a-hanging out of the windows, and the poor man rushing around trying to get his stuff off the streets before it got dark and everything.”

I remembered the incident myself, having passed through the street that afternoon.  Files, chest of drawers, bedsteads, tables and barrels had been piled along the sidewalk with pink, blue and white mattresses and bundles of table linen and bedclothing piled on top.  And the crowd had been as she described: some indignant, some curious, and all talking in subdued tones so as not to offend the evicted family.  Law books had been piled upon the sidewalk near where a black and white kitten — and these are no writer’s details — played games with itself in the coils of an upright bedspring.  I told her I had seen the incident.

“Lord,” she said.  ”And did you see all those law books he had?  Looks like to me that anybody with all those books of law oughtn’t to never get dispossessed.

“I was dispossessed myself, back in thirty-seven, when we were all out of work.  And they threatened me once since Wilbur’s been in the Army.  But I stood up for my rights, and when the government sent the check we pulled through.  Anybody’s liable to get dispossessed though.”  She said it defensively.

“Just how do you find it otherwise?” I asked.

“Things is mighty tight, son . . . You’ll have to excuse me for calling you ‘son,’ because I suspect you must be just about Wilbur’s age.”  She sat back abruptly.  ”How come you not in the Army?” she asked.

“I’ve a wife and dependents,” I said.

“I see.”  She pondered.  ”Wilbur would have got married too, but he was helping me with the kids.”

“That’s the way it goes,” I said.

“Things is tight,” she said again.  ”With food so high and everything.  I sometimes don’t know what’s going to happen.  Then, too, with Wilbur in the Army we naturally misses the money he use to bring in.”  She regarded me shrewdly.  ”So you want to know about how we’re doing?  Don’t you live in Harlem?”

“Oh, yes, but I want to know what you think about it.”

“So’s you can write it up?”

“Some of it, sure, but I won’t use your name.”

“Oh, I don’t care ’bout that.  I want them to know how I feel.”

She became silent.  Then, “You didn’t tell me where you live, you know, ” she said cagily.  I had to laugh and she laughed too.

“I live up near Amsterdam Avenue,” I said.

“You telling me the truth?”

“Honest.”

“And is your place a nice one?”

“Just average.  You know how they go,” I said.

“I bet you live up there on Sugar Hill.”

“Not me,” I said.

“And you’re sure you’re not one of these investigators?”

“Of course not.”

“I bet you are too.” She smiled.

I shook my head and she laughed.

“They always starting something new,” she said. “You can’t keep up with them.”

But now she seemed reassured and settled down to talk, her hands clasped loosely in her lap against the checkered design of her dress.

“Well, we’re carrying on somehow. I’m still working and I manage to keep the young uns in school, and I pays the rent too.  I guess maybe it would be a little better if the government would send the checks on time . . .”

She paused and pointed across the room to the picture of a young woman.  ”And it would be even better if Mary, that’s my oldest after Wilbur — if she could get some of that defense training so she could get a job what pays decent money.  But it don’t look like she’s going to get anything.  She was out to the Western Electric plant in Kearney, New Jersey, the other day and they give her some kind of test, but that was the end of that.”

“Did she pass the test?” I asked.

“Sure she passed.  But they just put her name down on a card and told her they would keep her in mind.  They always do that.  They ask her a lot of questions; then they want to know if she ever had any experience in running machines, and when she says she ain’t, they just take down her name.  Now where is a colored girl going to get any experience in running all these kinds of machines they never even seen before?”

When I could not answer she threw up her hands.

“Well, there you have it, they got you any which way you turn.  A few gets jobs, but most don’t.”

“Things are much better outside of New York,” I said.

“So I hear,” she said. “Guess if I was younger I’d take the kids and move to Jersey or up to Connecticut, where I hear there’s some jobs for colored.  Or even down South.  Only I keep hearing about the trouble they’re having down there, and I don’t want the kids to grow up down there nohow.  Had enough of that when I was a kid . . .”

“Have any of your friends gotten work through the F.E.P.C.?” [editor's note: F.E.P.C. stands for Fair Employment Practices Commission; created by FDR, it sought to prevent companies with government contracts from discriminating on the basis of race of religion]

She thought for a moment.

“No, son.  It seems to me that that committee is doing something everywhere but here in New York.  Maybe that’s why it’s so bad for us — and you know it’s bad ’cause you’re colored yourself.”

As I heard the clatter of dishes coming from the kitchen, her face suddenly assumed an outraged expression.

“Now you take my sister’s boy, William. God bless his poor soul. William sent to the trade schools and learned all about machines. He got so he could take any kind of machine apart and fix it and put it together again. He was machine-crazy! But he was a smart boy and a good boy. He got good marks in school too. But when he went to get a job in one of those factories where they make war machines of some kind, they wouldn’t take him ’cause he was colored – and they told him so!”

She paused for breath, a red flush dyeing her skin. The tinted portrait of a brown mother holding a brown, shiny-haired baby posed madonna-like from a calendar above her head.

“Well, when they wouldn’t take him some of the folks over to the church told him to take his case to the F.E.P.C. , and he did. But they had so many cases and it took so long that William got discouraged and joined up in the Merchant Marine. That poor boy was just so disgusted that he said that he would have enlisted in the Army, only that his mamma’s got two little ones like I have. So he went out on that boat ’cause it paid good money and a good bonus. It was real good money and he helped his mamma a head. But it didn’t last long before one of those submarines sunk the boat.”

Her eyes strayed to the window, where a line of potted plants crowded the sill, a profusion of green things slowly becoming silhouettes in the fading light. Snake plants, English ivy, and others, a potato plan in a glass jar, its vines twining around a cross of wood and its thousand thread-fine roots pushing hungrily against the wall of glass. A single red bloom pushed above the rest, and in one corner a corn plant threatened to touch the ceiling from the floor with its blade-like leaves.

The light was fading and her voice had slipped into the intense detachment of recent grief. “It was just about four months yesterday,” she said. “He was such a fine boy. Everybody liked William.”

She shook her head silently, her fingers gripped her folded arms as she swallowed tensely.

“It hurts to think about it,” she said, getting up and snapping on another light, revealing a child’s airplane model beneath the table. “Well, the folks from his union is being very nice to my sister, the whites as well as the colored. And you know,” she added, leaning toward me, “it really makes you feel a little better when they come round — the white ones, I mean — and really tries to help. Like some of these ole relief investigators who come in wanting to run your life for you, but really like they interested in you. Something like colored folks, in a way. We used to get after William for being with white folks so much, but these sure have shown themselves to be real friends.”

She stared at me as though it was a fact which she deeply feared to accept.

“Some of them is going to try and see that my sister gets some sort of defense work. But what I’m trying to tell you is that it’s a sin and a shame that a fine boy like William had to go fooling round on them ships when ever since he was a little ‘ole boy he’d been crazy about machines.”

“But don’t you think that the Merchant Marine is helping to win the war?” I said. “It takes brave men to go out there, and they’ve done a lot.”

“Sure they have,” she said. “Sure they have. But I’m not talking about that. Anybody could do what they had him doing on that boat. Anybody can wait table who’s got sense enough to keep his fingernails clean! Waiting tables, when he could make things on a machine!

“You see that radio there? Well, William made that radio. It ain’t no store set, no, sir, even though it looks like one. William made it for the kids. Made everything but the cabinet and you can hear way down to Cuba and Mexico with it. And to think of that boy! Oh, it makes me so mad I don’t know what to do! He ought to be here right now helping his mamma and lil brother and sister. But what can you do? You educated, son, you one of our educated Negroes that’s been to college and everything. Now you tell me, what can we do?” She paused. “I’m a colored woman, and colored women can take it. I can hit the chillies to the subway every morning and stand in the white folks’ kitchen all day long, but so much is happening in the world that I don’t know which way to turn. First it’s my sister’s boy, and then they sends my own boy down to Fort Bragg. I tells you I’m even afraid to open Wilbur’s letters that the government sends sometimes about his insurance or something like that ’cause I’m afraid it might be a message that Wilbur’s been beaten up or killed by some of those white folks down there. Then I gets so mad I don’t know what to do. I use to pray, but praying don’t do no good. And too, like the union folks was telling us when we was so broken up about William, we got to fight the big Hitler over yonder even with all the little Hitlers over here. I wish they’d burry up and send Wilbur on out of the country ’cause then maybe my mind would know some ease. Lord!” she sighed. “If it wasn’t so serious I’d break down and laugh at my ownself.”

She smiled now and the tension eased from her face and she leaned back against the divan and laughed. Then she became serious again.

“But son, you really can’t laugh about it. Not honestly laugh like you can about some things. It reminds me of that crazy man that’s always running up and down the streets up here. You know, the one who’s always hollering at the cars and making out like he’s throwing bombs?”

“Of course, I’ve seen him often,” I said.

“Sure you have. Well, I use to laugh at that poor man when he’d start acting the fool — you know how it is, you feel sorry for him but you can’t help but laugh. They say he got that way in the last war. Well, I can understand him better now. ‘Course I ain’t had no bombs bursting in my ears like he had. But yet and still, with things pulling me thisaway and that away, I sometimes feel that I’m going to go screaming up and down the streets like that poor fellow does.”

“He’s shell-shocked,” I said. “Sometimes I’ve seen him talking and acting just as normal as anyone.”

“Is that so?” she said. “I always though it was funny he never got hit by a car. I’ve seen them almost hit him, but he goes right back. One day I heard a man say, ‘Lord, if that crazy fellow really had some bombs he’d get rid of every car in Harlem!’ “

We laughed and I prepared to go.

“Sorry you found me so gloomy today, son. But you know, things have a way of just piling up these days and I just had to talk about them. Anyway, you asked for me to tell you what I thought.”

She walked with me to the door. Streetlamps glowed on the avenue, lighting the early dark. The after-school cries of children drifted dimly in from the sidewalk.

She shivered close beside me. “It’s getting chilly already,” she said. “I’m wondering what’s going to happen this winter about the oil and coal situation. The ole holes we have to live in can get mighty cold. Now can’t they though?”

I agreed.

“A friend of mine that moved up on Amsterdam Avenue about a month ago wanted to know why I don’t move out of Harlem. So I told her it wouldn’t do no good to move ’cause anywhere they let us go gets to be Harlem right on. I done moved round too much not to know that. Oh yes!”

She shook her head knowingly.

“Harlem’s like that old song says:

It’s so high you can’t get over it

So low, you can’t get under it,

And so wide, you can’t get round it . . .

“That’s the way it really is,” she said. “Well, good-bye, son.”

And as I went down the dimmed-out street the verse completed itself in my mind, You must come through by the living gate . . .

So there you have Mrs. Jackson. And that’s the way “it really is” for her and many like her who are searching for that gate of freedom. In the very texture of their lives there is confusion, war-made confusion, and the problem is to get around, over, under and through this confusion. They do not ask for a lighter share of necessary war sacrifices than other Americans have to hear. But they do ask for equal reasons to believe that their sacrifices are worthwhile, and they do want to be rid of the heavy resentment and bitterness which has been theirs for long before the war.

Forced in normal times to live at standards much lower than those the war has brought to the United States generally, they find it emotionally difficult to give their attention to the war. The struggle for existence constitutes a war in itself. The Mrs. Jackson of Harlem offers one of the best arguments for the stabilization of prices and the freezing of rents. Twenty-five percent of those still on relief come from our give percent of New York’s population. Mrs. Jackson finds it increasingly difficult to feed her children. She must pay six cents more on the dollar for food than do the mothers of similar-income sections elsewhere in the city. With the prospect of a heatless winter, Harlem, with its poor housing and high tuberculosis death rate, will know an increase of hardship.

It is an old story. Touch any phase of urban living in our democracy , and its worst aspects are to be found in Harlem. Our housing is the poorest, and our rents the highest. Our people are the sickest and Harlem Hospital the most overcrowded and understaffed. Our unemployment is the greatest, and our cost of food the most exorbitant. Our crime the most understandable and easily corrected, but the policemen sent among us the most brutal. Our desire to rid the world of fascism the most burning, and the obstacles placed in our way the most frustrating. Our need to see the war as a struggle between democracy and fascism the most intense, and our temptation to interpret it as a “color” war the most compelling. Our need to believe in the age of the “common man” the most hope-inspiring, and our reasons to doubt that it will include us the most disheartening. (This is no Whitmanesque catalogue of democratic exultations, while more than anything else we wish that it could be.”) And that’s the way it is.

Many of Mrs. Jackson’s neighbors are joining in the fight to freeze rents and for the broadening of the F.E.C.P. for Negroes and all other Americans. Their very lives demand that they back the President’s stabilization program. That they must be victorious is one of the necessities upon which our democratic freedom rests. The Mrs. Jacksons cannot make the sacrifices necessary to participate in a total war if the conditions under which they live, the very ground on which they must fight, continues its offensive against them. Nor is this something to be solved by propaganda. Morale grows out of realities, not out of words alone. Only concrete action will be effective, lest irritation and confusion turn into exasperation, and exasperation change to disgust and finally into anti-war sentiment (and there is such a danger). Mrs. Jackson’s reality must be democratized so that she may clarify her thinking and her emotions. And that’s the way it really is.

Heroism

For once, the theme of this post has nothing to do with Padilla.  Instead, it is about heroism.  The sort that inspires others to greatness or, at the very least, to reject mediocrity as the status quo.  I have a friend who is a radiologist.  He once told me that in order to survive those long hours of being “on call” at the hospital, he would think about the soldiers who are fighting overseas as a means of inspiration and sustenance.  This past year, I came across two feats of heroism which I thought worthy of mention here.

One pertains to a story many of you have perhaps already heard about: the mayor of Newark Cory Booker dashing into a burning building to save a woman from what was by all accounts imminent death.  Sure, one can question his motivations for doing what he did — he is, after all, a politician.  But this is an event that I will take at face value, if for no other reason because it provides a source of inspiration much like the soldiers whom my doctor friend relied on to get him through those long hours on call, and without which life would not be worth living.  If you haven’t seen it already, Mayor Booker gave the following press conference the day after his fiery rescue attempt:

The other heroic feat which I think bears mention, and I have to admit I am biased (read: Met fan) in writing about it, is Johan Santana pitching the first no-hitter in Mets franchise history.  Like other long-suffering Met fans, the prospect of a no-hitter is ever present — that is, you are constantly on the look out for one but know in the back of your mind that it almost will never happen on your watch.  Much like nuclear armageddon or a three-party system.  But it happened this time and I remember the moment when I turned to my wife in the sixth inning and openly observed what I noticed were a series of zeros on the scoreboard.  Neither I nor she thought much of it then as I am sure was the case with a lot of other Met fans who either watched or listened to the game that night.  But we kept our ears glued to to the radio, more so than usual for a regular season game, and closely  followed Johan’s progress from the sixth inning on.  And the rest is history.  What struck me most about Johan’s feat, however, and what I thought was most heroic about it, was that Johan surely knew that he would not be able to pitch another game after this one.  But he did it anyway:

Martin Luther King Jr. Day 2012

This year I offer a few thoughts of my own in commemeration of Dr. King and his legacy.  Today, we often mention “progress” when the topic of racial equality is raised — this being the initial focus of Dr. King’s efforts as an advocate for the downtrodden and marginalized, and later, with the same forceful advocacy that he brought to the cause of racial equality, the great injustice that was America’s war against the Vietnamese war and the economic poverty that was, and still is, very much a staple of life in America despite willfully false portrayals by our news and popular media to the contrary.  Certainly, true progress has been achieved since the days of institutionalized slavery, Jim Crow and Emmet Till.  Colored-only buses and restrooms are a thing of the past.  As are lynchings, at least in their most public and severe form.  If one were keeping score, one might even think of the glass as being half full without the sense of guilt and pity that more often than not lead to shortsightedness and undesirable outcomes.  Still one need not look too hard to see that much of what Dr. King fought against — the inequality, the senseless violence, the hate and cynicism — remains an intractable force in our society.  A few blocks from where Dr. King grew up here in Atlanta sits homes and storefronts long abandoned by those who succumbed to such a force.  Had Dr. King been able to see his old neighborhood and its surrounding communities in their present state, it is safe to say that “progress” is not the word that would have come to mind.

None of this, however, should be news.  The “pursuit of happiness” that is a founding principle of this country necessarily implies a culture of self-absorption and inequality, where one’s key to his or her own “happiness” often comes at the expense of another’s.  And blacks, in particular, have long been, and continue to be, the expendable ones in this equation.  And the election of our first “black” president has done nothing to change that.

There is time yet to reverse this trend.  And it takes not the writing or oratory of  a great thinker or scholar to do so.  Rather, the solution has been in front of our noses since time immemorial and has been posited in various forms to the general public.  Joe Black, a pitcher for the legendary 1950′s Brooklyn Dodgers baseball team, did just in a university talk that was documented by Roger Kahn in his book, The Boys of Summer:

During a recent Honors Day Program at Virginia Union, a black university in Richmond, Black spoke about the responsibilities as well as the rewards of black power: “Our efforts have to be more positive than shouting, ‘Sock it to him, Soul Brother,’ or, ‘We are victims of a racist society,’ or, ‘Honkey!’ I’m in favor of black history because it makes whites realize that American blacks have done more than make cotton king. Rut I’m opposed to all-black dorms, and to violence. If the black student wants to use a loaded gun to make a point, what can we expect of uneducated blacks? By now some of you may be saying I’m a Tom, a window-dressing Negro. But I learned two things early.  A minority cannot defeat a majority in physical combat and you’ve got to let some things roll off your back.  Because my name is Joe Black, whites called me ‘Old Black Joe.’  After a few years of scuffling, I still hadn’t silenced all of them and throwing all those punches had made me a weary young man.  Call me ‘Old Black Joe’ today and you agitate nobody except yourself.”

He makes one point to everyone. It is bigotry to exalt the so-called special language of the blacks. “What is our language?” he asked. ” ‘Foteen’ or ‘fourteen.’ ‘Pohleeze’ for ‘police.’ ‘Raht back’ for ‘right hack.’ ‘We is going.’ To me any man, white or black, who says whites must learn our language is insulting.  What he’s saying is that every other ethnic group can migrate to America and master English, but we, who were born here and whose families have all lived here for more than a century, don’t have the ability to speak proper English.  Wear a dashiki or an African hairdo, but in the name of common sense, learn the English language. It is your own.”

At lunch, [Joe] handed me a sheet of paper.  ”This is part of my philosophy,” he said.  ”And by the way, notice the use of English vocabulary.”

I read:

blackball,

black hook,

black eye,

black friday,

black hand,

black heart,

blackjack,

black magic.

blackmail,

black market,

black maria,

black mark,

little black sambo,

white lies.

Black is Beutiful.

“If that’s what you make it, Joe,” I said.

“Well,” he said.  ”You got the point.”

 

2011 Year in Review

Thanks to those who visited Invisible Man in 2011.  I hope this blog has been of use to some.  The issue of Padila retroactivity, to which I have devoted a lot of my blogging, is still percolating throughout the courts and remains very much a hot topic among criminal defense and immigration law attorneys, especially those who toil in the trenches of postconviction litigation.  For 2012, I predict that the U.S. Supreme Court will finally step in to decide the issue of Padilla retroactivity, with a decision due in late 2012 or early 2013.  I believe the Court will find Padilla retroactively applicable (how could I predict otherwise?!) and Justice Kennedy will write the decision for the majority, although Justice Alito will, in one way or another, be key in shaping the contours of the Court’s ruling on Padilla retroactivity.

WordPress.com has provided me with a year end report for 2011, which I have posted below for everyone’s reference.

Thank you all again for taking time out to visit the Invisible Man.  I look forward to another year of blogging on Padilla and other issues.

********

The WordPress.com stats helper monkeys prepared a 2011 annual report for this blog.

Here’s an excerpt:

The concert hall at the Sydney Opera House holds 2,700 people. This blog was viewed about 9,400 times in 2011. If it were a concert at Sydney Opera House, it would take about 3 sold-out performances for that many people to see it.

Click here to see the complete report.

Turning the Tables

Photo Courtesy of the Asia Society. From the Asia Society website: A Japanese American posted this banner on his store front the day after Japan attacked Pearl Harbor and shortly before he was sent to an internment camp. Image: Dorthea Lange, National Archives.

Please allow me the opportunity to opine on something non-Padilla related.

Georgia, my state of residence, is on the cusp of enacting legislation that would provide broad and unprecedented authority to law enforcement to question, stop and arrest residents who are suspected of being in this country illegally.  That such a measure has come to fruition should come as no surprise to most.  Hostility toward one or another unfavored class of individuals is a time-honored American tradition, especially among power-hungry politicians and shallow-thinking citizen-reactionaries.  Nor is Georgia the first state to come this close to providing the constable such unbridled authority to detain and harass.  Arizona has already gone down the same path, but with little to show for it besides rhetoric and litigation.  There is little doubt that Georgia won’t also go the way of Arizona on this soon-to-be enacted immigration measure.  It will.

But the concerns  about racial profiling and states’ rights that invariably arise when debate occurs as to the wisdom of these sweeping new laws are, it seems to me, misplaced.  Racial discrimination is as intractable a societal malaise as poverty and crime.  This is true regardless of whether the society is founded upon the principles of capitalism and democracy, as ours assertedly is, or, like modern-day Russia and China, quasi-communism and authoritarianism.  Arguing against these laws then by claiming, even reasonably, that they are discriminatory is akin to arguing against compelled homelessness because such a condition is unjust and unfair.  Most reasonable minds won’t differ on that, but some will, and if these are the same folks who control the institutions of our government, then good luck to you.

Discussion should instead focus on how the recent anti-immigrant legislation affects the viability of this country’s self-described role as the “Leader of the Free World” and its foundation as an open, democratic society.  If, according to the latest U.S. Census findings, it is true that whites will soon constitute a statistical minority in this country, displaced by Hispanics and Asians, then any official effort to discriminate and expel members of this soon-to-be majority smacks of apartheid.  If that is indeed the case, then Americans need to have a sustained, serious and open discussion as to the direction of this country and the relationship, in all senses of the word, that should prevail between a white minority and non-white majority.  I can think of at least one other country that is currently engaged in such a debate: Israel.  Only when these fundamental issues are aired in public and their implications seriously debated (I make no predictions as to which side will prevail in such a debate) can this country move beyond the current wave of reactionary, anti-immigrant sentiment.

Orwell on Immigration

I have written extensively over the past year or so about the effects of a seminal Supreme Court decision in Padilla v. Kentucky, which, aside from its constitutional underpinnings, deals directly with another matter of great import: immigration. I recently came across a thoughtful passage from George Orwell — perhaps my favorite writer of all time — in which he offers his thoughts as to the origins of anti-immigrant feelings. It isn’t a particularly novel observation; in fact, the exact opposite might be true. However, it is worth recounting here; if anything, because, as Padilla itself makes clear, immigration continues to be a topic of public interest and also because Orwell continues to impress me, and hopefully others, in his perceptiveness and prescience.

[Orwell begins by recounting a conversation that he had overheard between two relatively well-off Scots in which they attribute a number of Scotland's problems to the influx of the Poles. Among other things, the Poles are blamed for unemployment; the housing shortage, declining morals, etc. Orwell then proceeds to offer the following thoughts on this discussion:]

One cannot, of course, do very much about this kind of thing. It is the contemporary equivalent of anti-semitism. By 1947, people of the kind I am describing would have caught up with the fact that anti-semitism is discreditable, and so the scapegoat is sought elsewhere. But the race hatred and mass delusions which are part of the pattern of our time might be somewhat less bad in their effects if they were not reinforced by ignorance. If in the years before the war, for instance, the facts about the persecution of Jews in Germany had been better known, the subjective popular feeling against Jews would probably not have been less, but the actual treatment of Jewish refugees might have been better. The refusal to allow refugees in significant numbers into this country would have been branded as disgraceful. The average man would still have felt a grudge against the refugees, but in practice more lives would have been saved.

So also with the Poles. The thing that most depressed me in the above-mentioned conversation was the recurrent phrase, “let them go back to their own country.” If I had said to the two business-men, “Most of these people have no country to go back to,” they would have gaped. Not one of the relevant facts would have been known to them. They would never had heard of the various things that have happened to Poland since 1939, any more than they would have known that the over-population of Britain is a fallacy or that local unemployment can co-exist with a general shortage of labor. I think it is a mistake to give such people the excuse of ignorance. You can’t actually change their feelings, but you can make them understand what they are saying when they demand that homeless refugees shall be driven from our shores, and the knowledge may make them a little less actively malignant.

[UPDATE: I neglected to identify the source of this passage by Orwell; it formed a part of Orwell's regular column in Tribune, a left-leaning British periodical, and which carried the common title, "As I Please."  This was from As I Please 70, January 24, 1947]

In Memory of Dr. King – Part II of II

As promised, I post here the second and remaining part of James Baldwin’s essay, “Fifth Avenue, Uptown,” (Esquire magazine, July, 1960) in commemoration of Dr. King’s birthday tomorrow:

*****

Harlem circa 1987(?)

The projects in Harlem are hated.  They are hated almost as much as policemen, and this is saying a great deal.  And they are hated for the same reason: both reveal, unbearably, the real attitude of the white world, no matter how many liberal speeches are made, no matter how many lofty editorials are written, no matter how many civil-rights commissions are set up.

The projects are hideous, of course, there being a law, apparently respected throughout the world, that popular housing shall be as cheerless as a prison.  They are lumped all over Harlem, colorless, bleak, high, and revolting.  The wide windows look out on Harlem’s invincible and indescribable squalor: the Park Avenue railroad tracks, around which, about forty year ago, the present dark community began; the unrehabilitated houses, bowed down, it would seem, under the great weight of frustration and bitterness they contain the dark, the ominous schoolhouses from which the child may emerge maimed, blinded, hooked, or enraged for life; and the churches, churches, blocks upon block of churches, niched in the walls like cannon in the walls of a fortress.  Even if the administration of the projects were not so insanely humiliating (for example: one must report raises in salary to the management, which will then eat up the profit by raising one’s rent; the management has the right to know who is staying in your apartment; the management can ask you to leave, at their discretion), the projects could still be hated because they are an insult to the meanest intelligence.

Harlem got its first private project, Riverton — which is now, naturally, a slum — about twelve years ago because at that time Negroes were not allowed to live in Stuyvesant Town.  Harlem watched Riverton go up, therefore, in the more violent bitterness of spirit, and hated it long before the builders arrived.  They began hating it at about the time people began moving out of their condemned houses to make room for this additional proof of how thoroughly the white world despised them.  And they had scarcely moved in, naturally, before they began smashing windows, defacing walls, urinating in the elevators, and fornicating in the playgrounds.  Liberals, both white and black, were appalled at the spectacle.  I was appalled by the liberal innocence — or cynicism, which comes out in practice as much the same thing.  Other people were delighted to be able to point to proof positive that nothing could be done to better the lot of the colored people.  They were, and are, right in one respect: that nothing can be done as long as they are treated like colored people.  The people in Harlem know they are living there because white people do not think they are good enough to live anywhere else.  No amount of “improvement” can sweeten this fact.  Whatever money is now being earmarked to improve this, or any other ghetto, might as well be burnt.  A ghetto can be improved in one way only: out of existence.

Similarly, the only way to police a ghetto is to be oppressive.  None of Commissioner Kennedy’s policemen, even with the best will in the world, have any way of understanding the lives led by the people they swagger about in two’s and three’s controlling.  Their very presence is an insult, and it would be, even if they spent their entire day feeding gumdrops to children.  They represent the force of the white world, and that world’s real intentions are, simply, for that world’s criminal profit and ease, to keep the black man corraled up here, in his place.  The badge, the gun in the holster, and the swinging club make vivid what will happen should his rebellion become overt.  Rare, indeed, is the Harlem citizen, from the most circumspect church member to the most shiftless adolescent, who does not have a long tale to tell of police incompetence, injustice, or brutality.  I myself have witnessed and endured it more than once.  The businessmen and racketeers also have a story.  And so do the prostitutes.  (And this is not, perhaps, the place to discuss Harlem’s very complex attitude towards black policemen, nor the reasons, according to Harlem, that they are nearly all downtown.)

It is hard, on the other hand, to blame the policeman, blank, goodnatured, thoughtless, and insuperably innocent, for being such a perfect representative of the people he serves.  He, too, believes in good intentions and is astounded and offended when they are not taken for the deed.  He has never, himself, done anything for which to be hated — which of us has? — and yet he is facing, daily and nightly, people who would gladly see him dead, and he knows it.  There is no way for him not to know it: there are few things under heaven more unnerving than the silent, accumulating contempt and hatred of a people.  He moves through Harlem, therefore, like an occupying soldier in a bitterly hostile country which is precisely what, and where, he is, and is the reason he walks in two’s and three’s.  And he is not the only one who knows why he is always in company: the people who are watching him know why, too.  Any street meeting,  sacred or secular, which he and his colleagues uneasily cover has as its explicit or implicit burden the cruelty and injustice of the white domination.  And these days, of course, in terms increasingly vivid and jubilant, it speaks of the end of that domination.  The white policeman, standing on a Harlem street corner, finds himself at the very center of the revolution now occurring in the world.  He is not prepared for it — naturally, nobody is — and, what is possibly much more to the point, he is exposed, as few white people are, to the anguish of the black people around him.  Even if he is gifted with the merest mustard grain of imagination, something must seep in.  He cannot avoid observing that some of the children, in spite of their color, remind him of children he has known and loved, perhaps even of his own children.  He knows that he certainly does not want his children living this way.  He can retreat from his uneasiness in only one direction: into a callousness which very shortly becomes second nature.  He becomes more callous, the population becomes more hostile, the situation grows more tense, and the police force is increased.  One day, to everyone’s astonishment, someone drops a match in the powder keg and everything blows up.  Before the dust settled or the blood congealed, editorials, speeches, and civil-rights commissions are loud in the land, demanding to know what happened.  What happened is that Negroes want to be treated like men.

Negroes want to be treated like men: a perfectly straightforward statement, containing only seven words.  People who have mastered Kant, Hegel, Shakespeare, Marx, Freud, and the Bible find this statement utterly impenetrable.  The idea seems to threaten profound, barely conscious assumptions.  A kind of panic paralyzes their features, as though they found themselves trapped on the edge of a steep place.  I once tried to describe to a very well-known American intellectual the conditions among Negroes in the South.  My recital disturbed him and made him indignant; and he asked me in perfect innocence, “Why don’t all the Negroes in the South move North?”  I tried to explain what has happened, unfailingly, whenever a significant body of Negroes move North.  They do not escape jim-crow: they merely encounter another, not-less-deadly variety.  They do not move to Chicago, they move to the South Side; they do not move to New York, they move to Harlem.  The pressure within the ghetto causes the ghetto walls to expand, and this expansion is always violent.  White people hold the line as long as they can, and in as many ways as they can, from verbal intimidation to physical violence.  But inevitably the border which has divided the ghetto from the rest of the world falls into the hands of the ghetto.  The white people fall back bitterly before the black horde; the landlords make a tidy profit by raising the rent, chopping up the rooms, and all but dispensing with the upkeep; and what has once been a neighborhood turns into a “turf.”  This is precisely what happened when the Puerto Ricans arrived in their thousands — and the bitterness thus caused is, as I write, being fought out all up and down those streets.

Northerners indulge in an extremely dangerous luxury.  They seem to feel that because they fought on the right side during the Civil Way, and won that they have earned the right to merely deplore what is going on in the South, without taking any responsibility for it; and that they can ignore what is happening in Northern cities because what is happening in Little Rock or Birmingham is worse.  Well, in the first place, it is not possible for anyone who has not endured both to know which is “worse.”  I know Negroes who prefer the South and white Southerners, because “At least there, you haven’t got to play any guessing games!”  The guessing games referred to have driven more than one Negro into the narcotics ward, the madhouse, or the river.  I know another Negro, a man very dear to me, who says, with conviction and with truth, “The spirit of the South is the spirit of America.”  He was born in the North and did his military training in the South.  He did not, as far as I can gather, find the South “worse”; he found it, if anything, all too familiar.  In the second place, though, even if Birmingham is worse, no doubt Johannesburg, South Africa, beats it by several miles, and Buchenwald was one of the worst things that ever happened in the entire history of the world.  The world has never lacked for horrifying examples; but I do not believe that these examples are meant to be used as justification for our own crimes.  This perpetual justification empties the heart of all human feeling.  The emptier our hearts become, the greater will be our crimes.  Thirdly, the South is not merely an embarrassingly backward region, but a part of this country, and what happens there concerns every one of us.

As far as the color problem is concerned, there is but one great difference between the Southern white and the Northerner; the Southerner remembers, historically, and in his own psyche, a kind of Eden in which he loved black people and they loved him.  Historically, the flaming sword laid across this Eden is the Civil War.  Personally, it is the Southerner’s sexual coming of age, when, without any warning, unbreakable taboos are set up between himself and his past.  Everything, thereafter, is permitted him expect the love he remembers and has never ceased to need.  The resulting, indescribable torment affects every Southern mind and is the basis of the Southern hysteria.

None of this is true for the Northerner.  Negroes represent nothing to him personally, except, perhaps, the dangers of carnality.  He never sees Negroes.  Southerners see them all the time.  Northerners never think about them whereas Southerners are never really thinking of anything else.  Negroes are, therefore, ignored in the North and are under surveillance in the South, and suffer hideously in both places.  Neither the Southerner nor the Northerner is able to look on the Negro simply as a man.  It seems to be indispensable to the national self-esteem that the Negro be considered either as a kind of ward (in which case we are told how many Negroes, comparatively, bought Cadillacs last year and how few, comparatively, were lynched), or as a victim (in which case we are promised that he will never vote in our assemblies or go to school with our kids).  They are two sides of the same coin and the South will not change — cannot change — until the North changes.  The country will not change until it reexamines itself and discover what it really means by freedom.  In the meantime, generations keep being born, bitterness is increased by incompetence, pride, and folly, and the world shrinks around us.

It is a terrible, an inexorable, law that one cannot deny the humanity of another without diminishing one’s own: in the fact of one’s victim, one sees oneself.  Walk through the streets of Harlem and see what we, this nation, have become.

*****

I would simply add that even though Baldwin wrote this piece in 1960, much remains the same with respect to the treatment of the “black man.”  In fact, one might say that things are worse, what with the country’s first black president presiding over the populace and his willful declaration of a post-racial America, as fixtures of urban and now suburban America in ghettos and racially segregated enclaves continue to evolve in complexity and size.