July 9 2024 Anniversary of the 14th Amendment: Free At Last?
We celebrate the passing by Congress of the 14th Amendment on this day in 1868, as the victory over slavery was consolidated.
Our victory over a human trafficking syndicate which had declared itself a nation ended the Civil War, and this was a glorious triumph of solidarity and resistance, but it did not truly make us all social equals or equal under the law, merely began the liberation struggle which is ongoing now.
Are we Free At Last? So proclaimed Martin Luther King, Jr. in his historic speech; “Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity.
But 100 years later, the Negro still is not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later the Negro is still languished in the corners of American society and finds himself in exile in his own land. And so we've come here today to dramatize a shameful condition. In a sense we've come to our nation's capital to cash a check.
When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men — yes, Black men as well as white men — would be guaranteed the unalienable rights of life, liberty and the pursuit of happiness.
It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked insufficient funds.
But we refuse to believe that the bank of justice is bankrupt.
We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so we've come to cash this check, a check that will give us upon demand the riches of freedom and the security of justice.
We have also come to this hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism.
Now is the time to make real the promises of democracy. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to lift our nation from the quick sands of racial injustice to the solid rock of brotherhood. Now is the time to make justice a reality for all of God's children.
It would be fatal for the nation to overlook the urgency of the moment. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. 1963 is not an end, but a beginning. Those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual.
There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.
But there is something that I must say to my people who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred.
We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again, we must rise to the majestic heights of meeting physical force with soul force. The marvelous new militancy which has engulfed the Negro community must not lead us to a distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny.
And they have come to realize that their freedom is inextricably bound to our freedom. We cannot walk alone. And as we walk, we must make the pledge that we shall always march ahead. We cannot turn back.
There are those who are asking the devotees of civil rights, when will you be satisfied? We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality. We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities.
We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as our children are stripped of their selfhood and robbed of their dignity by signs stating: for whites only.
We cannot be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote.
No, no, we are not satisfied, and we will not be satisfied until justice rolls down like waters, and righteousness like a mighty stream.
I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive. Go back to Mississippi, go back to Alabama, go back to South Carolina, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our Northern cities, knowing that somehow this situation can and will be changed.
Let us not wallow in the valley of despair, I say to you today, my friends.
So even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed: We hold these truths to be self-evident, that all men are created equal.
I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.
I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression will be transformed into an oasis of freedom and justice.
I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character. I have a dream today.
I have a dream that one day down in Alabama with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification, one day right down in Alabama little Black boys and Black girls will be able to join hands with little white boys and white girls as sisters and brothers. I have a dream today.
I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together.
This is our hope. This is the faith that I go back to the South with. With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
This will be the day when all of God's children will be able to sing with new meaning: My country, 'tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the pilgrims' pride, from every mountainside, let freedom ring.
And if America is to be a great nation, this must become true. And so let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania. Let freedom ring from the snowcapped Rockies of Colorado. Let freedom ring from the curvaceous slopes of California. But not only that, let freedom ring from Stone Mountain of Georgia. Let freedom ring from Lookout Mountain of Tennessee. Let freedom ring from every hill and molehill of Mississippi. From every mountainside, let freedom ring.
And when this happens, and when we allow freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, Black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual: Free at last. Free at last. Thank God almighty, we are free at last.”
Here are the lyrics of the spiritual song referenced at the end of his historic speech;
Free at last, free at last
I thank God I'm free at last
Free at last, free at last
I thank God I'm free at last
Way down yonder in the graveyard walk
I thank God I'm free at last
Me and my Jesus going to meet and talk
I thank God I'm free at last
On my knees when the light pass'd by
I thank God I'm free at last
Tho't my soul would rise and fly
I thank God I'm free at last
Some of these mornings, bright and fair
I thank God I'm free at last
Goin' meet King Jesus in the air
I thank God I'm free at last
Remembrance is among the purposes of anniversaries such as today’s, that we may never repeat the mistakes of the past and free ourselves from the legacies of our history. For myself, remembrance has a future-directed purpose as well, provides us mission statements and acts as an informing, motivating, and shaping source, and in regard to Abolition and democracy as interdependent processes of becoming and a praxis of action in this election year, wherein tyranny and liberty play for our nation, it reminds me who we are, we Americans, and what’s worth fighting for.
As written by Heather Cox Richardson in Letters From An American; “On July 9, 1868, Americans changed the U.S. Constitution for the fourteenth time, adapting our foundational document to construct a new nation without systematic Black enslavement.
In 1865 the Thirteenth Amendment to the Constitution had prohibited slavery on the basis of race, but it did not prevent the establishment of a system in which Black Americans continued to be unequal. Backed by President Andrew Johnson, who had taken over the presidency after actor John Wilkes Booth had murdered President Abraham Lincoln, white southern Democrats had done their best to push their Black neighbors back into subservience. So long as southern states had abolished enslavement, repudiated Confederate debts, and nullified the ordinances of secession, Johnson was happy to readmit them to full standing in the Union, still led by the very men who had organized the Confederacy and made war on the United States.
Northern Republican lawmakers refused. There was no way they were going to rebuild southern society on the same blueprint as existed before the Civil War, especially since the upcoming 1870 census would count Black Americans as whole persons for the first time in the nation’s history, giving southern states more power in Congress and the Electoral College after the war than they had had before it. Having just fought a war to destroy the South’s ideology, they were not going to let it regrow in peacetime.
Congress rejected Johnson’s plan for Reconstruction.
But then congressmen had to come up with their own. After months of hearings and debate, they proposed amending the Constitution to settle the outstanding questions of the war. Chief among these was how to protect the rights of Black Americans in states where they could neither vote nor testify in court or sit on a jury to protect their own interests.
Congress’s solution was the Fourteenth Amendment.
It took on the infamous 1857 Dred Scott v. Sandford decision declaring that Black men "are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens.”
The Fourteenth Amendment provides that “[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The amendment also addressed the Dred Scott decision in another profound way. In 1857, southerners and Democrats who were adamantly opposed to federal power controlled the Supreme Court. They backed states’ rights. So the Dred Scott decision did more than read Black Americans out of our history; it dramatically circumscribed Congress’s power.
The Dred Scott decision declared that democracy was created at the state level, by those people in a state who were allowed to vote. In 1857 this meant white men, almost exclusively. If those people voted to do something widely unpopular—like adopting human enslavement, for example—they had the right to do so. People like Abraham Lincoln pointed out that such domination by states would eventually mean that an unpopular minority could take over the national government, forcing their ideas on everyone else, but defenders of states’ rights stood firm.
And so the Fourteenth Amendment gave the federal government the power to protect individuals even if their state legislatures had passed discriminatory laws. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws,” it said. And then it went on to say that “Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
The principles behind the Fourteenth Amendment were behind the 1870 creation of the Department of Justice, whose first job was to bring down the Ku Klux Klan terrorists in the South.
Those same principles took on profound national significance in the post–World War II era, when the Supreme Court began to use the equal protection clause and the due process clause of the Fourteenth Amendment aggressively to apply the protections in the Bill of Rights to the states. The civil rights decisions of the 1950s, 1960s, and 1970s, including the Brown v. Board of Education decision outlawing segregation in public schools, come from this doctrine. Under it, the federal government took up the mantle of protecting the rights of individual Americans in the states from the whims of state legislatures.
Opponents of these new civil rights protections quickly began to object that such decisions were “legislating from the bench,” rather than permitting state legislatures to make their own laws. They began to call for “originalism,” the idea that the Constitution should be interpreted only as the Framers had intended when they wrote it, an argument that focused on the creation of law at the state level. Famously, in 1987, President Ronald Reagan nominated Robert Bork, an originalist who had called for the rollback of the Supreme Court’s civil rights decisions, for a seat on that court.
Reacting to that nomination, Senator Ted Kennedy (D-MA) recognized the importance of the Fourteenth Amendment to equality: “Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is—and is often the only—protector of the individual rights that are the heart of our democracy….”
From the perspective of 2024, Kennedy’s comments seem prescient, but the country could go even further backward. The 2024 Republican Party platform, released today, calls for using the Fourteenth Amendment not to protect equal rights for Americans from discriminatory laws, as those who wrote, passed, and ratified the amendment intended. Instead it calls for using the Fourteenth Amendment to protect the rights of fetuses from the time of fertilization. It says that states should start passing laws protecting those rights: so-called fetal personhood laws that have their roots in the 1960s and were considered a fringe idea until about fifteen years ago. Those laws prohibit all abortion, in vitro fertilization (IVF), and several forms of contraception.
Saying states should pass such laws echoes the language Trump has used to try to avoid the Republicans’ extreme and unpopular abortion stance by claiming, as the Supreme Court did in the Dobbs v. Jackson Women’s Health Organization decision, that states alone should write laws covering abortion. But in its reaction to the Republican platform today, the antiabortion Susan B.
Anthony Pro-Life America organization made it clear that the platform’s reference to the Fourteenth Amendment was designed to open the way for a national abortion ban. The Fourteenth Amendment, after all, gives Congress “power to enforce, by appropriate legislation, the provisions of this article.”
“It is important that the [Republican Party] reaffirmed its commitment to protect unborn life today through the 14th Amendment,” the organization said in a statement. “Under this amendment, it is Congress that enacts and enforces its provisions. The Republican Party remains strongly pro-life at the national level.”
Free At Last Martin Luther King speech
The History and Legacy of the 14th Amendment/ National Constitution Center
The Second Founding: How the Civil War and Reconstruction Remade the Constitution, Eric Foner
Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow,
Henry Louis Gates Jr.
https://www.goodreads.com/book/show/40909438-stony-the-road?ref=rae_2
Black Reconstruction in America 1860-1880, W.E.B. Du Bois, David Levering Lewis (Introduction)
https://www.goodreads.com/book/show/184612.Black_Reconstruction_in_America_1860_1880?ref=rae_0
HCR’s notes:
Notes:
https://sbaprolife.org/newsroom/press-releases/sba-statement-on-gop-platform
https://19thnews.org/2024/07/republican-national-convention-party-platform-fetuses-abortion-ivf/
https://en.wikisource.org/wiki/Robert_Bork%27s_America
https://www.vox.com/policy/24090347/alabama-ivf-ruling-fetal-personhood-abortion-embryos
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