Why The Fuss?

As pretty much everyone knows by now — even our good friend Lisa in far-off Ecuador — growing numbers of NFL players are refusing stand for the national anthem before football games and this has caused a great uproar. The roar was barely heard until the President stuck his oar into the mess and decided to stir it up. Most recently he has threatened to eliminate all tax breaks for the NFL to hurt the owners where they live and force them to insist that their players behave themselves. This has brought about a quantum leap in protest, much of it directed to the President’s insensitive manner of addressing the issue.

In all this confusion the central issue has somehow been lost. The President himself fails to make the distinction, as I mentioned in a previous post, between protesting the flag and protesting racial injustice. The latter is the real issue here and it has become lost in the emotional reaction of a great many people, including refusal to attend or watch games and even the burning of team jerseys, to what they regard as “unpatriotic” behavior.

The obvious question is why the hell do we insist on saluting the flag and singing the national anthem at sporting events? But I shall ignore it to focus instead on the reason there is protest, a protest that started with Colin Kaepernick kneeling during the national anthem in a pre-season football game over a year ago. Kaepernick has apparently been ostracized from professional football as a result and, in any event, is currently unemployed. But his protest started the ball rolling and it got a huge push from the President’s mindless threats to the players and owners.

We need to bear in mind the sort of prejudice the Blacks face every day. Think of the Jim Crow laws in the South that would disenfranchise them from the body politic; the existence of the KKK and white supremacists and their loud support of our sitting President who is himself a Racist (with a capital “R”); the  looks these folks get every day and, if the have the courage to marry or even date a white woman or a white man, the thinly veiled hatred they see all around them, especially in the South. And, of course, there is the seemingly random shooting of unarmed Black men by anxious policemen that seems to have become a growing problem in our Inner-Cities.

When I was in high school in Baltimore many years ago I worked in a grocery store after school each day with two Black men who drove the delivery trucks. We had a number of interesting talks and for the first time in my life I began to see the world a bit through their eyes. They would tell me, calmly, about the glares, the derision, and the contempt they experienced every day, and I recall one of the men saying in a plaintive voice how he just wished he could take his family out to a meal in a nice restaurant, so many of which had “No Colored” signs in their windows — even in the mid-1950s.

This was Baltimore, folks. Not the deep South. Maryland was neutral during the Civil War even though their sympathies were for the most part with the South — after all there was a plot to assassinate Abraham Lincoln as he passed through Baltimore prior to his assuming office which ended with him entering Washington in disguise and protected by Pinkerton men. It became a standing joke, but it was no joke. In any event, Baltimore was a Southern City and even in the 1950s there was wide-spread prejudice against folks of color. When school integration was ordered by the Supreme Court in 1954 there was considerable unrest and protest by groups of white people in the streets of Baltimore which reflected a deep prejudice that had been agitating just below the surface.

There is no way I can fully understand what it is like to be a Black person. But I can imagine, and I can sympathize. The current protest is over injustice and whether or not we agree with the methods that have been chosen to make that protest we need to keep our eye on the central issue. And we might want to recall that it is a peaceful protest and that this country was founded on protest and a concern for justice. There may have been a better way to draw attention to the problem, but at the very least the manner chosen seems to have brought about a discussion that was simply not taking place. And steps are being taken, small ones, but steps in the right direction. There is now dialogue occurring in many cities across this land to erase the tension between the police and the folks they are sworn to protect and serve, and in general to see what can be done to make things better for those who have to carry the burden of prejudice with them throughout their lives.

Eventually the dust will settle and folks will start going back to NFL games — after all they crave diversion! But one must hope that the steps this protest have initiated will get longer and stronger and the injustice that is being protested will be at least somewhat abated. It may never be totally eliminated (Lincoln thought it would not),  but we need to live together and America, we are told, stands on the principle of fairness to ALL.

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The High Court

In its recent decision not to allow Arizona’s stiff immigration laws (with one exception) Justice Scalia wrote a “scathing” dissent that chastises the President and the Federal government for repeated failure to deport illegal aliens — despite the fact that more “illegals” have been deported under this Administration than any previous Administration. But what truly boggles the mind in Scalia’s dissent is the fact that he seems to want to fight the Civil War all over again. Note these comments:

Arizona’s entire immigration law should be upheld, Scalia wrote, because it is “entitled” to make its own immigration policy. At one point, he cites the fact that before the Civil War, Southern states could exclude free blacks from their borders to support the idea that states should be able to set their own immigration policies.

Scalia dismisses with a wave of his hand the government’s position that immigration is a federal matter since we need to be on friendly relations with our neighbors to the North and South and individual states could stir up a hornet’s nest. But that is the heart of the government’s position and it is the reason the Court decided to throw its weight behind the government — for the most part. But Scalia insists that the states themselves should determine what the immigration laws are to be — a view that echoes the thinking of the most devout of the Southerners in the mid-nineteenth century (if not today).

Scalia’s entire dissenting opinion sounds like paranoia: fear of illegals and the “evil” (his word) they do by taking jobs from the citizens of Arizona. But the notion that an appeal should be made to the rights of the states prior to the Civil War pushes his reasoning beyond the bounds of intelligibility and makes one wonder about the soundness of his mind. This Court as a group leaves so much to be desired, but one always hopes that the members will exhibit some glimmer of good sense every now and again.

One might argue that in overthrowing the laws of Arizona the Court has in fact shown good sense. The problem is they have allowed the “papers please” law that allows Arizona police to detain suspected “illegals” with “reasonable cause.” What this means, of course, is that it gives the police almost unlimited power under the law and it will almost assuredly promote racial profiling — though the police have been cautioned not to fall into that trap. Come on! Get serious: give the average policeman the right to stop and search anyone who strikes him or her as “suspicious” — and detain them for an undisclosed amount of time — and you are inviting abuse of power.

The real fear here is fear itself (with apologies to F.D.R.). The country seems to be in a paranoid state fueled by constant rhetoric about the “war on terror” and the blatant jingoism that surrounds public celebrations such as “fly overs” and flag waiving at sporting events; this atmosphere now allows the country to exhibit its full force with impunity: the end justifies the means. If we ever could, we can no longer claim the moral high ground, as Martin Luther King would have it. We can now kill suspected terrorists abroad with drones; after ten years we still have nearly 200 untried prisoners detained at Guantanamo (including children, apparently); and we can now legally detain for an unspecified time suspected “illegals” at home. I hesitate to use the word but we seem to be inching closer and closer to Fascism, though most people don’t seem to much care.