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Felony Disenfranchisement Is Jim Crow Era Holdover

By Benjamin Todd Jealous 

benjaminjealous

(TriceEdneyWire.com) - Last week, the Delaware State legislature approved a constitutional amendment to all but remove the last Jim Crow-era voter suppression law from its books.

The amendment, passed at the urging of the Delaware NAACP, allows people with nonviolent felony convictions to vote after their release from prison. This is a major victory for voting rights and a strike against the practice of "felony disenfranchisement". But it is also a major step forward for a nation still struggling to heal old racial wounds.

Felony disenfranchisement has direct roots in the Jim Crow Era. In the late 19th century, states above and below the Mason-Dixon Line began to find new and creative ways to keep black voters away from the polls. Banning people with felony convictions was one of the solutions.

For example, in 1901 the Commonwealth of Virginia had 147,000 black voters on the rolls. But many lawmakers saw this growing political block as a threat. At that year's Constitutional Convention, they hatched a plan to disenfranchise African Americans through a combination of black codes and felony disenfranchisement. One legislator said on the record that the plan would "eliminate the darkey as a political factor."

Ninety years later, Kemba Smith-Pradia was an undergraduate student at Hampton University. She got involved with the wrong crowd and found herself behind bars as an accessory to a nonviolent drug offense. President Clinton granted Kemba executive clemency in 2000, six years into her 24 year sentence. She went on to become a college graduate, law student, mother and foundation president - but until 2012, when her rights were finally restored, not a voter.

Kemba's story is just one example of how the legacy of the 1901 Convention lives on. In today's Virginia, 350,000 people are still disenfranchised by the 1901 law, and many of them are African Americans. Nationwide, 48 states allow some form of felony disenfranchisement, and one out of every 13 voting-age African Americans is affected. In four states - Virginia, Iowa, Kentucky, and Florida - disenfranchisement can be permanent.

When Virginia introduced felony disenfranchisement in 1901, they also expanded the list of felony crimes. By raising the penalty for a number of minor offenses, they planned to lock African Americans in the prison system - and out of the political system. A century later, our drug laws have the same amplifying effect. African Americans are far more likely to be arrested for minor drug crimes, and therefore more likely to have their vote taken away.

The good news is that Delaware and other states are beginning to turn the tide. In Virginia, Governor Bob McDonnell has sped up the review process for those who have finished the terms of their sentence. So far he has restored the votes of more than 4,000 citizens. And Iowa Governor Terry Branstad, who callously eliminated automatic restoration of voting rights early in his term, is now taking steps toward restoring those rights.

These are certainly steps in the right direction, but there is more work to do. Virginia, Iowa, Kentucky, and Florida still allow permanent disenfranchisement, and 44 other states permit some level of felony disenfranchisement. You can learn about the law in your state at www.restorethevotes.org. If you or someone in your community is affected, you can use that information to educate your family, your community and your elected officials about why this is an important issue.

Felony disenfranchisement is an affront to our democracy. Millions of people like Kemba Smith-Pradida - parents, workers, and community leaders - pay taxes, raise families and contribute to society. But they cannot fully participate in our democracy.

If poll taxes, literacy tests, and gumball-counting tests could be outlawed because of their racist intent, then felony disenfranchisement laws from the same era should be overturned today.

Ben Jealous is president/CEO of the NAACP.

Achievement Gap or Opportunity Gap? by Julianne Malveaux

By Julianne Malveaux

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(TriceEdneyWire.com) - African-American students achieve at a different level than White students.  Test scores are lower, as are high school and college completion rates, and the number of African-Americans attending four-year institutions is falling.  The rate of African-American suspensions and expulsions from K-12 schools is higher than that of other groups.  By almost any metric there are gaps between African-American students and white or Asian students (Latinos achieve at about the same rate as African Americans).

Why does this happen?  The late sociologist John Ogbu hypothesized that the gap was the result of young African- Americans thinking that learning was “acting white”.  His theory was batted around as if it were fact, even when Duke economist William Darity refuted the Ogbu theory.  Why?  Because it fits somebody’s stereotype to describe African- American youngsters as culturally alienated from the mainstream, so much that they eschew the very institution that could be a bridge for them into the middle class.

Give the history of African-Americans and education; it is hard to swallow these stereotypes.  Several states had laws on the books to prevent African-Americans from learning to read and write in the pre-civil war period.  Both white and black people risked flogging, cash fines and other penalties for “teaching a slave to read”.  Millions of African-Americans sacrificed for the right to be literate, and ensured that their children would also have opportunities by baking cakes, frying chicken, and raising a few dollars to get to college by whatever means necessary.  At the beginning of the 20th century, the only colleges open to African-Americans were historically Black colleges and universities, and we went despite the obstacles.  Our presence rejected the notion that learning was “acting white”. In fact, we were acting learned and literate.

Still, it is in the interest of some to continue that stereotype. You’ve heard that adage that if you don’t want an African- American to know something, just hide it in a book.  That kind of ignorance is the very reason that African-American people were able, during the Civil War, to spy on Confederates who thought they were only illiterate enslaved people.  That is why Mary Ellen Pleasant was able to eavesdrop on conversations on stock and turn them into wealth.  Those who write about the achievement gap ought not underestimate African Americans.

Where does the achievement gap come from, then?  It comes from the opportunity gap.  The average African-American household earns $31,000 a year, compared to $51,000 for whites.  $51,000 can buy a lot more opportunity than $31,000 can.  If income determines housing clusters, neighborhoods with a $51,000 mean income have better schools and more involved parents than the $31,000 neighborhood does.

Closing income gaps closes opportunity gaps, according to a Ford Foundation-sponsored book written by Dr. Linda Darling-Hammond, an Obama education advisor. She says poverty and segregation means that some students attend schools that have fewer resources than others.  Indeed, inner city high schools are less likely to offer Advanced Placement (AP) or International Baccalaureate (IB) classes. Sometimes when these courses are available in suburban high schools, African-American students are discouraged from taking them.

Dr. Ivory Toldson, a professor at Howard University and a contributor to the Root also refutes the notion that African- American students think learning is “acting white”.  Most African-American students, he says, are interested in attending college but may not because of cost factors.  He also says that academic support should be provided to all students, and that the way to close achievement gaps is to “reduce racial disparities in income and to increase equity and inclusion in education.”

For a great deal of students the issue is not “acting white” but being connected to educational options and outcomes. One of the more important factors in student achievement is parental involvement, yet many parents find themselves “too busy” or too uninformed to interact with teachers. One study says that parents don’t necessarily have to help with homework, but simply to reinforce that homework should be done, and to be inquisitive about it. Unfortunately, many parents, frustrated with the school system, write it off. Further, too many of our community organizations don’t sufficiently emphasize education, or if they do, don’t get into the “down and dirty” of it, preferring to raise much-needed scholarship funds than to take a young person by the hand and guide them through next steps to education.

The majority of African-American students are still first-generation college students. They aren’t always sure what next steps are, and they often need help maneuvering through a system with which their parents have no familiarity.  Too many smart students don’t have the parental and societal support they need to achieve.  The United States falls way behind the rest of the world when we don’t value students who have the potential to be high achievers, regardless of race or ethnicity.  We further disservice ourselves as a nation when we fail to value those who have the intelligences to change our world.

Two HBCU Students Die in Hazing Incident by Jeremy M. Lazarus

Group Violated University Ban

By Jeremy M. Lazarus

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Marvell Edmundson

jauwan holmes

Special to the Trice Edney News Wire from the Richmond Free Press

(TriceEdneyWire.com) - They just wanted to belong.That’s why seven Virginia State University freshmen endured a week of beatings and other ritual hazing.

Despite a VSU ban on such harsh practices, the seven willingly accepted the treatment as part of their initiation into an off-campus social club called Men of Honor — named for the 2000 movie about Carl Brashear, the Navy’s first Black diver. Everything would go horribly wrong after the eager pledges were handed their final test: To walk across a usually calm, narrow, five-foot deep stretch of the Appomattox River near the campus.

Do that and they would be in, the pledges later said they were told by James A. Mackey Sr. Mackey, owner of Mac’s Grill, an Ettrick restaurant two blocks from the campus that served as club headquarters, and the other club members, including several VSU students who had recruited them. It would be a wet walk in the park, they were told.The water would only be chest high, at most, they were told.There were rocks to walk on, they were told.Only cowards would back down, they were told, not real “Men of Honor.”

So the seven initiates who had come through the club’s “hellweek” accepted the dare — a decision the five survivors canonly regret after tragedy struck.They walked into the river in a line early Saturday, April 20, just past midnight. They were undaunted by pelting rain, a slashing cold wind and near pitch-black conditions.They went in near the bridge connecting Petersburg to VSU and Ettrick without a safety line, life jackets or supervision.

In the blink of an eye, they found themselves fighting for their lives in a raging current whipped up by the stormy weather.The high-risk adventure turned into a tragic disaster when the pledges tried to make it back to the riverbank. Five somehow made it ashore, but two were swept away: Marvell Edmondson,19, of Portsmouth, and Jauwan Holmes, 19, of Newport News.

“Five feet forward, there were no more rocks,” Christian Cavazos, one of the survivors, said later. “Instantly, it was swim or go under.”

Authorities were called, but it was quickly evident that Edmondson and Holmes, both popular students with bright prospects, would not be found alive. Once again, hazing had killed — a prime example of why VSU and other schools are doing everything they can to stamp out dangerous initiation practices that once were a hallmark of fraternal groups and to bar organizations that disregard anti-hazing policies.

The stunned campus remains in mourning as divers and boats searched for the remains of the two students. Edmondson’s body was recovered Monday after the tragedy, and Holmes' body was founded two days later on Wednesday.

Meanwhile, Chesterfield County Police charged Mackey and three other members of Men of Honor with five misdemeanor charges of violating a state law against hazing, defined as the reckless or intentional endangerment of a student’s health or safety. According to police, two of those charged are enrolled at VSU, Eriq K. Benson, 19, of Quinton, and Cory D. Baytop, 26, also of Newport News.

For Cavazos and the other survivors, the tragedy has only been compounded by the knowledge that they were trying to join a rogue club. According to VSU, Men of Honor was not connected in any way to the university and had no permission to use the school’s logo on information sheets it distributed to students as part of its recruitment drive.

VSU has a strict policy against hazing, and that policy is enforced, according to university spokesman Thomas Reed.The school requires initiates and members of sanctioned Greek organizations to undergo two to three hours of training on hazing every semester, he said. But eliminating dangerous hazing has proven difficult as this terrible incident and a separate incident last year involving VSU students show.

Last year’s incident involved the campus chapter of Alpha Phi Alpha Fraternity, which last fall moved its initiation of new pledges to Petersburg to avoid the campus ban.Two weeks ago, Petersburg Police arrested four members and charged them with misdemeanor hazing between August and November 2012. Those charged included the president of the VSU Student Government Association, Brandon Randleman, 22.

The charges stem from police allegations that the fraternity members injured pledges. According to police and a lawsuit,one of the pledges needed skin grafts to repair the injuries he suffered from hazing and was so traumatized he dropped out of VSU.

It's Time to Step it Up, We Have Not Arrived!

April 28, 2013

"The State of Equality and Justice in America" is a 20-part series of columns written by an all-star list of contributors to commemorate the 50th Anniversary of the Lawyers' Committee for Civil Rights Under Law. The contributors include: U. S. Rep. John Lewis (D-Ga.) LCCRUL 50th Anniversary Grand Marshal; Ms. Barbara Arnwine, President and Executive Director, Lawyers' Committee for Civil Rights Under Law (LCCRUL); Mr. Charles Ogletree, Professor, Harvard University Law School/Director, Charles Hamilton Houston Institute for Race and Justice; the Rev. Jesse L. Jackson Sr., President/CEO, Rainbow/PUSH Coalition; the Rev. Joseph Lowery, Co-founder, Southern Christian Leadership Conference; U. S. Rep. Yvette Clarke (D-N.Y.); and 14 additional thought leaders and national advocates for equal justice.

Here's the 14th op-ed of the series:

 

 

Melanie L. Campbell

State of Equality and Justice in America:

It's Time to Step it Up, We Have Not Arrived!

By Melanie L. Campbell

Reflecting upon the past 50 years since the 1963 March on Washington we must pay homage to our civil rights leaders for their hard work, strength and endurance in the fight for equality and justice in America. Their unwavering commitment to The Movement made it possible for a Black man named Barack Hussein Obama to become President of the United States of America.

As I look at the state of equality and justice today, we are at a very critical moment in time. Our elders have taken us this far. Some have transitioned on, others are continuing on the battle field for justice. Also, with all the progress over the past 50 years, some of us are under the misguided impression that we have arrived. I feel compelled to appeal to my generation and today's young leaders to make sure they understand: There is no more time, we must take the torch or the fire will die. It's time to step it up and get busy.

The task before Black leaders today begins with making sure that those coming behind us understand that even though the Civil Rights Movement forced laws to change, it did not change the hearts and minds of all Americans. Some of those who want to retain their power and money are threatened by inclusion.

Our young people must understand that a small group of people are continuously plotting to create new ways to exclude entire communities. In 2013, new school activists must make sure our young people understand that racism and inequality may not always manifest itself in a white sheet or barking dog but the dogs are still biting. Inequality comes in many packages.

Back in the day people in power relied on slick tactics like Jim Crow Laws and Poll Taxes to hold us back. Today, it's voter IDs and the "War on Drugs." For example, a person with a non-violent drug conviction on their record is restricted in their ability to secure housing, financial aid for education, public assistance, jobs, and the right to vote.

What does the fight for equality and justice look like in 2013 and beyond?

In 2013 and beyond our fight is not just for access to education. We must make sure our schools are teaching critical thinking, promoting innovation, and preparing our youth for jobs in science, technology, engineering, and math (STEM). The U.S. Census Bureau's 2009 American Community Survey reports that STEM workers earn more than other workers. Non-Hispanic Whites hold 72 percent of STEM jobs while only 6 percent of STEM jobs are held by Non-Hispanic Blacks.

In 1963 March organizers called for "Dignified Jobs." In 2013 "Dignified Jobs" must provide good jobs with a livable wage. We must also unite to support our unions and workers' rights.

Modern-day equality struggles include closing the digital divide. Access to high-speed broadband Internet will increase job and educational opportunities as well as democratic participation. Broadband access will also help to lower health care costs and make quality medical care more accessible to the Black community.

Diversity strengthens our democracy. We must make sure employers don't just talk about "diversity" and "women's equality", but also back up the talk through their hiring practices. From the federal government to Wall Street to the corner store, we want to see Black women represented in top positions.

The elimination of racial disparities in our criminal justice system is paramount. The U.S. has the highest incarceration rate in the world. Pew Charitable Trusts reports that the incarceration rate for Blacks is more than six times as high as the national average and over 60 percent of those incarcerated are racial and ethnic minorities.

In 2013 and beyond we will continue to lead the fight to eliminate barriers to civic participation fighting against restrictive voter ID laws, felon disenfranchisement and any other tactics created to block Black people from voting.

Finally, I must address our responsibility as a people to work harder to prepare our youth in this ongoing fight for justice and equality. We must encourage them to pursue STEM careers, teach them to be environmentally conscious, and help them understand the dire need to stop the violence in our neighborhoods. We must take the time to instill good moral values so they turn to each other and not on each other and our journey will not be in vain.

As we celebrate 50 years of progress, let's thank our elders for their great fight by stepping it up because we have not arrived.

Melanie Campbell is president/CEO of the National Coalition on Black Civic Participation and convener of the Black Women's Roundtable. This article - the fourteenth of a 20-part series - is written in commemoration of the 50th Anniversary of the Lawyers' Committee for Civil Rights Under Law. The Lawyers' Committee is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to enlist the private bar's leadership and resources in combating racial discrimination and the resulting inequality of opportunity - work that continues to be vital today. For more information, please visit www.lawyerscommittee.org.

17 Arrested, Jailed During NAACP 'Pray In' Protest

By Ben Wrobel
Special to the Trice Edney News Wire from the NAACP

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Rev. Rev. Curtis Gatewood gets arrested at the NC General Assembly. He was one of 17 people, age 18 to 74, who engaged in civil disobedience. PHOTO: NAACP

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Rev. Rev. Barber and other activists sing during the “pray-in” outside the doors of the NC Senate. PHOTO: NAACP

RALEIGH, N.C. (TriceEdneyWire.com) – Seventeen people, including eight ministers, civil rights leaders, and students, were arrested during a prayerful protest at the state legislature in Raleigh, North Carolina on Monday.
The activists were handcuffed and taken to jail while they sang and prayed in front of the locked doors of the North Carolina Senate. The nonviolent civil disobedience was the opening round in a series of protests to focus national attention on what Rev. Dr. William Barber, North Carolina NAACP State President, called “the ideologically driven, extremist, mean-spirited agenda” that has captured both legislative houses and the Governor’s office in North Carolina.
“The decision to engage in civil disobedience is not one we take lightly,” stated Dr. Barber. “But the extremists are acting like the George Wallaces of the 21stcentury. They are pursuing a cruel, unusual and unconstitutional agenda reminiscent of the Old South. What happens in North Carolina does not stay in North Carolina. It has national implications. North Carolina is ground zero in a national struggle to defend democracy for all.”
The group arrested Monday was composed of men and women of many different races and backgrounds, with ages ranging from 18 to 74. They were charged with second degree trespassing and with singing loudly and holding placards in the General Assembly, which is not allowed.
The ministers included Rev. Dr. William J. Barber, II; Rev. Jimmie R. Hawkins; Rev. Curtis Gatewood; Rev. Nelson Johnson; Rev. John Mendez; Rev. Maria Palmer; Rev. Larry Read and Rev. Theodore Anthony Spearman. The others included three college professors, two students, and veteran civil rights leaders: Adam Sotak; Dr. Timothy Tyson; Margaretta Belin; Bryan Perlmutter; O’Linda Gillis; Professor Perri Morgan; Molly McDonough; Barbara Zelter; and Bob Zellner.
In the first 50 days of the North Carolina legislative session, the Republican-controlled legislature enacted polices that will adversely impact hundreds of thousands of North Carolinians. A recent PPP poll found that North Carolinians oppose this extreme and aggressive agenda. However, the legislature appears steadfastly committed to acting outside the best interest of the people of North Carolina. This session, the legislature has:
  • Rejected funding to expand Medicaid to cover 500,000 North Carolinians without health insurance;
  • Rejected more than $700 million in federal funds for unemployment benefits, affecting 170,000 laid off workers;
  • Cut the payroll tax credit for over 900,000 poor and working people, while giving a tax break to 23 of the wealthiest people in our State;
  • Planned to reduce access to pre-school and kindergarten; and
  • Attacked the right to vote with a series of voter suppression laws, including a voter ID bill that will disenfranchise nearly 500,000 voters.
“Love and justice demand a witness in the face of this regressive public policy,” stated Rev. Barber. “The noblest sentiment of our constitution and deepest aspirations of our religious traditions summon us in the public square to enact policies that maintain a commitment to the protection of civil and human rights, the common good, the good of the whole, equal protection and justice for all, and the uplift of the poor and marginalized. Anything opposing these principles must be challenged.”
He continued, “This much is clear: the Republican-led legislature is standing in the way of progress and passing laws that violate fundamental constitutional rights. As leaders of moral conscience, we must draw the line somewhere. That is what this direct action is all about.”
The attack on voting rights seen in North Carolina is being mirrored in state legislatures across the country, particularly the South. Legislators are pursuing extremist, regressive agendas to block progress by making it hard for people to vote.
“Those most impacted by these policies are seniors, students, people of color and the working poor,” stated Attorney Al McSurely of the North Carolina. “Reverend Barber calls on all people of conscience to hold similar protests and direct actions in cities and states across the country, in solidarity with us in North Carolina.”
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