Correcting Systemic Racism

When I think about our system of laws, I think of a pyramid.  All of our laws are linked one to another up and down that pyramid with the United States Constitution at the apex and the local regulations at the base.  Generally speaking, one law cannot cause change to occur higher up the pyramid, but a new law can cause change to occur further down towards the base.  Our courts will be called upon to arbitrate results of discrepancies between the new law and that which existed prior to its implementation.

With that pyramidal structure in mind, I next want to turn our thoughts to where we might find the origin of systemic racism.  What is the highest level in our legal system where we can find language that promotes inequality?  Of course this is a rhetorical question because we can easily locate language in the United States Constitution that recognizes discrimination towards Indians and “other persons” and those “other persons” were slaves.  The Thirteenth, Fourteenth and Fifteenth Amendments to our Constitution were passed and ratified with the intent of conveying equality to all persons, but if we look around with a critical eye we must admit that these Amendments were unsuccessful.

Our only chance of success stems from the Constitution itself because nothing we might do at a lower level in our system of laws could correct the inadequacies in the Constitution.  If we can’t establish equality in our Constitution, we will never be successful at eradicating it in subordinate places in our system of laws.  I propose a simple and concise Amendment to minimize any potential for misinterpretation.  I would base the text in our Declaration of Independence, as follows:

We hold these truths to be self-evident, that all persons are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.  Further, within these United States of America, all persons shall receive the same privileges and immunities as all other persons in all matters public and private.

As for the ratification process, I propose that each State Legislature condition their approval or disapproval on a popular vote of their citizenry.  In other words, let the people decide – let the people own the decision.

Should an Amendment such as this be ratified, all of the subordinate laws of our system would be subject to this new scrutiny and every officer of the court would become an investigator seeking out the origins of prejudicial language wherever it may be written.  I believe we would unleash the most effective legal reform possible in the correction of systemic racism here in our United States of America.  Our beacon would shine a little brighter.

The Sausage Grinder is Broken, will you help to fix it?  If you haven’t read A Broken Sausage Grinder; Is Our Government Fundamentally Flawed?, you’re not prepared for the job.

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