Words by Clinton Jackson
The 14th Amendment has been such a blessing upon the African-American population within the United States. As we reflect on the summer, the end of the July gave the country the opportunity to celebrate the amendment’s 150th anniversary of ratification on July 28, 1868. Since then, African-Americans have received benefits such as equal protection under the laws, the abolishment of slavery, and various civil rights to continually support the improvement of the African-American community within the good ole U.S. of A.
Now, if you thought this was an article on how wonderful the 14th Amendment is, you are sadly mistaken. Of course, the above-mentioned benefits are represented on paper but do not accurately reflect the actual events that cause Blacks to tippy-toe through their daily regimen called life. While the amendment has produced a great value in eliminating forced imprisonment (whoopty doo) and advancing various fundamental rights for Black Americans (that Blacks and all people should have) within the United States, the fairness of the amendment’s surface appears to remain absent in this 21st Century.
In taking a look at the actual amendment, it states the following:
All 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. 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.
But if any legitimate thought is given to the current state of affairs of race relations in this country, the amendment is supremely flawed and laughable. It was wonderful for this country to take a positive step forward and reduce such humane treatment into the form of graceful language, but what good is it if it is obvious that the country’s practices are wishy-washy at best once applied to Blacks. Upon examining the language of “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” and its application to Blacks since the amendments inception, the language clearly seems to be significantly at odds with the real world.
For the sake of discussion, it is key to note that state action is up for examination here. Primarily, the actions that have been taken by various state law enforcement agencies across the country that plague many of our news outlets and viral videos that spread like wildfire. You know, the common actions of excessive or deadly force by police upon Black Americans that seem to be a part of regularly scheduled programming. Such regularity has essentially numbed the conscious of the country to the point where that type of behavior isn’t even difficult to watch but everyone knows that sight is worse than any vile scene in a horror movie. With that in mind, it is clear that the 14th Amendment appears to severely lack in the application, and not even apply to Blacks when you examine such treatment in comparison to whites.
The inconsistencies in the treatment of Blacks versus whites and other non-blacks within similar or identical circumstances can be discussed ad nauseum, as the band-aid on America has been peeled back by social media exposing wrongdoings (shout out to Feidin Santana who filmed the execution of Walter Scott) and an awakened conscious within the country. Despite these developments, the continuation of substandard state action cites the lack of racial growth within this country. Couple that with the underdevelopment of the systems in which its state actors operate, as it relates to the historical treatment of Blacks as a whole. Such a current state of affairs can poke boat sinking holes into 14th Amendment, and infer that we’ve only progressed from the three-fifths compromise to the three-fifths compromise with a couple of rights.
To highlight an example of unfair and unequal treatment, this past June exposed another instance of a modern day lynching at the hands of America’s police force in the form of Antwon Rose. An unarmed 17-year old BLACK KID who fled police and was fatally shot three times in the back by East Pittsburgh, Pennsylvania police officer, Michael Rosfeld, as if he was subhuman. Thus robbing Rose of his due process of fair treatment within the judicial system. And while due process is in place as a constitutional right to serve as a protective barrier against the denial of life, liberty, or property by the government, the officer performed the exact opposite. Such behavior raises the question of whether or not some officers even know the constitution!? And sad to say, the answer of “no” wouldn’t be a surprise. In short, another 14th Amendment fail for the Black community!
Juxtapose that to the treatment of Dylan Roof in July of 2015 after he was a known suspect after murdering nine African Americans at a prayer service at Emanuel African Methodist Episcopal Church in Columbia, South Carolina with a .45-caliber Glock pistol. As the police closed in on the suspect, they did not approach the WHITE ADULT with deadly or aggressive force with the knowledge that he was armed and incredibly dangerous. The authorities lawfully arrested him after pulling his car over on the highway and did not treat him anywhere near as savagely as his attack was. To serve a healthy slice of white privilege into the situation, the arresting officers even made a pit stop to a local Burger King to appease Roof after he complained that he was hungry following his arrest. All this to allow for the preservation of Roof’s life, and for him to receive his right to due process and his day in court. A 14th Amendment success with cherries and sprinkles on top!
While a post-arrest lunch break is far outweighed by Roof’s horrific action, that small gesture speaks to the backward treatment that Blacks receive in an encounter with law enforcement officials rather than whites. Using the scenarios above, on one hand, you have you have an unarmed Black male who was a minor that is gunned down while fleeing the cops and does not present any life-threatening behavior to officers. On the other hand, you have an armed white male who was an adult and it was known by law enforcement to proceed with extreme caution due to the possible linkage with a mass shooting at the time. But the result between the two is a quick due process-less fatality to Rose who posed no threat by way of being armed or performing a heinous act versus the arrest of Roof that is treated as if a disgusting crime had not been committed in the form of picking up some fast food on the way to the precinct. The radical difference between the two outcomes can only lead to confused head scratching and a loud outburst of “HOW SWAY!? HOW!?” Unfortunately, this country has been short on answers, and likely won’t have the answers anytime soon.
Some accountability is in play and the officer that killed Rose has been charged with homicide, and that is a huge positive. But quite frankly, it should not come to the point where justice is required for the death of an individual when the death is completely unnecessary and senseless considering the circumstances. This circles back on the fundamental spirit of the Equal Protection Clause of the 14th Amendment, and how it
SHOULD EQUALLY work for the American public rather than how it works for one race and not another.
Now of course this is only one layer of where the 14th Amendment and the Equal Protection Clause should apply, as additional flaws are also shown through the lens of stop & frisk abuses, inefficient and grossly lopsided practices within the judicial system, voting rights, legislative efforts that directly and indirectly place obstacles in the face of Blacks, along with the continued laundry list of disproportionate treatment that could occupy an entirely separate article. So with the mentioned areas of concern in mind, it is must be no surprise that folks can see this constitutional right and give it a sarcastic two thumbs up coupled the most awkward smile.
Despite any analysis that is made of the 14th Amendment, the elephant in the room is that there is a sickening understanding of the difference between Blacks that are killed at the hands of the police, the circumstances in which they are killed at the hands of the police, and the treatment of people such as Roof. Those who have opted to shoot up churches, schools, and other punk moves that involve places of leisure and comfort only to be treated as if due process is a golden right makes it seem as if this country’s nickname should be “Krusty” for clownish behavior. Now the arbitrary killing of a suspected criminal is not being advocated for here. But at the same time, there is a cry for treatment to be identical across the board. If there was consistency in relation to due process for those to have their day in court with a jury of their peers or the result of a fatality, unfair treatment between Blacks and whites would not be an issue. More so, the core of our government and state actors employ the country’s due process or conflict resolution methods that would be up for debate.
So while this 150-year old amendment conveys a virtuous message and sets a noble standard for the country, the reality is that there is an unequal and unfair treatment that Blacks experience on a consistent basis that whites in no way experience when dealing with law enforcement. So for now, the constitutional right is great to have, and the Equal Protection Clause is lovely, but the state action is in need of a serious intervention. And in a twisted way, this country will have made great strides and it will be known that equal application exists when a Black man can commit a heinous act, not be gunned down, and get a Dairy Queen ice cream cone with on his way to the precinct. Although highly unlikely, that will represent true equal protection and progress between Blacks and whites in this country.
Words by Clinton Jackson
Clinton is an Attorney intently engaged in the Intellectual Property and Entertainment Law fields. His interests are peaked by way of the realms of Law, Sports, Culture, Lifestyle, The Arts, and Humane Interests. Follow him on Twitter at @ClintonJEsq
