Despite the best efforts of the Luddite, Jim Crow bigots residing in the backwater town of Jena, Louisiana, the cap is about to burst on these white supremacists, who are in the process of committing what amounts to a lynching of several, young African-American males. This clinical lynching is being conducted under the veneer of a juridical canard. The African-American high school students presently face decades in prison for charges related to an assault that was committed upon a white student in the Jena, LA school district. The African-American students, who have been charged with attempted murder, allegedly assaulted a white student. However, if one is to learn about the circumstances under which these charges have been leveled against the African-American male high school students, a picture emerges that screams of injustice, resulting from a racism that is so severe that I was shocked when I became fully familiar with these insidious events.

Apparently, this whole incident began after African-American students, during their launch break, sat under a tree that had been the providence of white students. In reaction to this apparent affront by the African-Americans, the next day white students had tied lynching ropes from the trees under which the African-Americans had sat. Despite the fact that this symbolic gesture on the part of the young aspiring Klan members constituted nothing less that a direct threat of murder directed against the African-American high school students - where a bystander would be left only to assume that the lives of the black students were in immediate peril - the white students responsible for this unforgivable threat were given a three day suspension. On the days that followed, the assault, for which the Black teenage boys are accused, took place. The African-American adolescent males were arrested and charged, not with simple battery, but attempted murder and the reduced crime of aggravated assault. These hyperbolic charges are only applicable in instances where a deadly weapon is used, according to Louisiana statutes. The first of the Black males to stand trial was convicted for the lesser charge of aggravated assault. According to the jury, the African-American boy’s tennis shoes qualified as a deadly weapon.

To make this whole affair even more sickening, the jury was all white. Additionally, during the case, the judge preceding over the trial had issued a gag order on all witnesses. Consequentially, the parents of the African-Americans, who were to take the stand in defense of their children, were prevented under threat of contempt from making public issue out of this miscarriage of justice; consequentially, the parents were precluded from pursuing recourse through an appeal to the innumerable law professors who would have accepted this case pro bono!

To read more of this revolting affair, you can begin by visiting an article that someone has put up on Wikipedia. It has been marked as potentially biased, but from what I have gathered from other sources, including interviews that were taken by Amy Goodman of Democracy Now!, the account on Wikipedia appears to be, for the most part, spot on:

http://en.wikipedia.org/wiki/Jena_High_School

With the events that have taken place in Jena, LA, I am going to return to the issue of the Tenth Amendment and its properly conceived relation to the Fourteenth Amendment.

I had written three controversial essays focusing on the candidacy of Ron Paul. I had criticized Paul for opposing legislation and certain reforms, which could be implemented by Presidential Decree, that would effectively contribute to the alleviation of the discrimination faced by gays, lesbians, and cross-gender. Paul, of course, explained away his refusal to adopt platform positions in support of the establishment of measures contributing to the equal rights and opportunities by all members of society, via appeal to a Libertarian ideological tenet that embraces the Tenth Amendment of the Constitution over and beyond other Amendments that might lead to divergent conclusions with respect to the appropriate role of the Federal Government and its interventions into social affairs that might alternatively be left to the states in order to regulate. Using the Tenth Amendment and its implications as premises, Paul essentially concluded that the inclusion of gays in the military as well as the extension of Federal Hate Crime Statutes to include crimes motivated out of hate for gays, lesbians, and cross-gender were decisions better left to, in the case of the former, the Military - and its own independent deliberations regarding its Uniform Code of Conduct - and, in the latter, the States and municipalities, who, in the absence of Federal intervention, would assume full responsible for the prosecution of crimes against these sexual minorities.

In opposition to Paul’s stance, I had countered by contending that Federal intervention has been historically demonstrated as a necessary device to extend civil liberties and citizenship rights to marginalized minorities who suffer from persecution and exclusionary practices within the provincial affairs of certain states. In short, my conclusions came down to unavoidable inferences drawn from the brute raw fact that without Federal interdiction these vulnerable minorities might not have their rights protected. I further argued that the Fourteenth Amendment was at stake - which in my opinion is far more significant than any appeal made to the nebulously defined Tenth Amendment

The Tenth Amendment - if one analyzes it with care - does not make specific references to the instances in which it should be prioritized over and beyond other possibly germane and applicable Amendments. In other words, rather than an Amendment intended to delineate specific rights, such as a clear and certain range of defined circumstances, where states should be deferred the sole authority when it comes to issues of civil liberties - the Tenth Amendment, according to my readings, appears to be intended only to limit Federal intrusions when the National Government is in the process of curtailing rights. However, in instances, such as hate crimes, the Federal Government is not inhibiting individuals from practicing types of social actions that fall under the extension of their own negative rights. Contrarily, the Federal Government is merely extending civil liberties by protecting the rights of vulnerable segments of society, who all too often are the deliberate and persistent targets of crimes, which impede the minorities from enjoying their own personal liberties, motivated out hate for the social minorities and the characteristics, which they embody, that make them socially different and identifiable as social outsiders.

This is not to say that the Tenth Amendment should not take on any significance and it should not be appealed to in instances where the Federal Government is in the process of extending its authority in a modality that is an affront to civil liberties. However, conversely, the Tenth Amendment should not be used as a juridical-politico artifice for what amounts to curtailing civil liberties by deferring the responsibility for protecting individual rights to the judgments of states and their provincial practices, in which the manifestation of racism and hate related crimes might be afoot, leading to the legalization of practices that only serve to curtail the rights of minorities. I think that most would agree that the Golden Rule - although not explicitly mentioned in the Constitution - nevertheless, serves as a guiding post for the formation of our best conclusions regarding what social conduct is permissible versus actions on the part of individuals and groups that should be interdicted. Those who act upon others in a manner that prevents the enjoyment of liberties by those upon whom the actions are committed should expect no better by other agencies who might act upon them. I cannot put it any more succinctly.
Returning to the case in Jena, I cannot think of a more compelling example of why the Federal Government must sometimes be permitted to intervene in order to prevent the most egregious instances of the persecuting of disliked minorities. To reiterate, Ron Paul needs to go back to the drawing board, and thoroughly recalculate his position on Federal hate crimes as well as the rights of sexual minorities.
Russell Cole

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