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A Prescription for Healing a National Wound University of Miami Law School Institutional Repository University of Miami Race & Social Justice Law Review 5-1-2015 A Prescription for Healing a National Wound: Two Doses of Executive Direct Action Equals a Portion of Justice and a Serving of Redress for America & the Black Panther Party Angela A. Allen-Bell Follow this and additional works at: http://repository.law.miami.edu/umrsjlr Part of the Civil Rights and Discrimination Commons Recommended Citation Angela A. Allen-Bell, A Prescription for Healing a National Wound: Two Doses of Executive Direct Action Equals a Portion of Justice and a Serving of Redress for America & the Black Panther Party, 5 U. Miami Race & Soc. Just. L. Rev. 1 (2015) Available at: http://repository.law.miami.edu/umrsjlr/vol5/iss1/3 This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Race & Social Justice Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. A Prescription for Healing a National Wound: Two Doses of Executive Direct Action Equals a Portion of Justice and a Serving of Redress for America & the Black Panther Party Angela A. Allen-Bell* I. INTRODUCTION .................................................................................. 2 II. VICTIMS AND THEIR VICTIMIZATION ............................................... 5 III. THE SOCIETAL AND GLOBAL BENEFITS OF REDRESS ...................... 27 IV. REDRESS SOLUTION: TWO FORMS OF EXECUTIVE DIRECT ACTION ............................................................................................ 34 V. LEGAL UNDERGIRDINGS AND CONSIDERATIONS ............................ 36 A. Executive Direct Action Correcting History .............................. 39 B. Executive Direct Action Correcting the Historical Trauma & Injustice ................................................................................. 41 C. The Framers ............................................................................... 44 D. Plain Language of the United States Constitution ..................... 45 E. Consistent With Prior Executive Direct Actions ........................ 45 F. The Tradition & Duty of the President Concerning Civil Rights ......................................................................................... 48 G. Expanding National Security Powers ........................................ 50 VI. COUNTERARGUMENTS ...................................................................... 54 A. The BPP Acted Adverse to the Government .............................. 54 B. The BPP was a Violent Group ................................................... 56 C. State Sovereignty, Comity or Federalism Concerns .................. 60 D. A Departure from Tradition and Precedent ............................... 67 E. The Value of Amnesty as a Solution ........................................... 68 VII. CONCLUSION.................................................................................... 69 * Assistant Professor of Legal Writing & Analysis, Southern University Law Center, J.D., Southern University Law Center, 1998. I am indebted to countless individuals for their encouragement as this project was contemplated and for their support and assistance at the various evolutionary stages of this work. I especially thank: The Bell family, Kacy Collins-Thompson, Mariama Curry, Jim Looney, Billy X Jennings, McKinley James, Malik Rahim, Corin St. Julien, Brennan Vazquez, and Albert Woodfox. 1 2 UNIVERSITY OF MIAMI RACE & SOCIAL JUSTICE LAW REVIEW [Vol. 5:1 I. INTRODUCTION In 1963, then President John Kennedy addressed the American people concerning the civil rights struggle that was underway in this country. With great passion and sincerity, he pronounced: We face . a moral crisis as a country and as a people. It cannot be met by repressive police action. It cannot be left to increased demonstrations in the streets. It cannot be quieted by token moves or talk. It is a time to act in the Congress, in your State and local legislative body and, above all, in all of our daily lives. It is not enough to pin the blame on others, to say this is a problem of one section of the country or another . A great change is at hand, and our task, our obligation, is to make that revolution, that change, peaceful and constructive for all. Those who do nothing are inviting shame as well as violence. Those who act boldly are recognizing right as well as reality.1 Not long after this call was made, the Black Panther Party (BPP) was founded in Oakland, California.2 The Black Panther Party would not go down in history as ―those who do nothing.‖3 Instead, they ―boldly‖ heeded the President‘s call to do something to better the social situation. 1 President John F. Kennedy, Report to the American People on Civil Rights (June 11, 1963), available at http://www.jfklibrary.org/Asset-Viewer/LH8F_0Mzv0e6Ro1yEm 74Ng.aspx. 2 See BARBARA RANSBY, Foreword to THE BLACK PANTHERS SPEAK ix (Philip S. Foner, ed. 2014) (designating 1966 as the starting point of the organization). 3 The Black Panther Party is hereinafter referred to as the ―BPP.‖ Robert C. Mants, Jr. was a civil rights activist who lived in Lowndes County, Alabama. He helped organize the famous Bloody Sunday march in Alabama. Thereafter, Mr. Mants formed a ―black power‖ movement in Alabama called the Lowndes County Freedom Organization (LCFO) whose purpose was ―to promote and place its own candidates in political offices throughout the Alabama Black Belt.‖ ―The movement spread all over the Nation.‖ ―Two black Californians, Huey P. Newton and Bobby Seale, asked for permission to use the Black Panther emblem that the LCFO had adopted for their newly formed Black Panther Party.‖ ―The Oakland-based Black Panther Party became a much more prominent organization than the LCFO.‖ See 112nd CONG. REC. E226 (daily ed. Feb. 17, 2012) (statement of Rep. Thompson). It is believed that the name was changed to represent an ideological shift to making social programs a top priority. See id. at 65. As used herein, 2015] A PRESCRIPTION FOR HEALING A NATIONAL WOUND 3 The BPP innovatively acted upon what they saw as a ―revolutionary opportunity to transform this country.‖4 ―The defenses they sought to provide were against poverty, despair, unemployment, physical illness . miseducation [and] . police tyranny.‖5 They were very deliberate and direct in their approach to social change. They did this at a time when the practice and custom was to silence, literally or figuratively, dissident voices as a means of deterring repeat offenders. ―They radically and idealistically organized thousands of young black people and their white supporters to help create alternatives to existing institutions, a process through which they hoped both communities and individuals would be transformed.‖6 Over the course of their existence, their priorities shifted and evolved from a self-defense and nationalist group to a group with greater emphasis on community service and empowerment.7 At all junctures, they were highly effective at making their presence known and their desires recognized. ―[W]hen a Black Panther spoke, blacks and whites not only listened, they responded.‖8 The government‘s reaction to their new style of social change was militaristic, draconian, excessive, inhumane and unconstitutional in nature.9 In short, they were neutralized by COINTELPRO, a government-initiated and government-run counterintelligence program.10 ―BPP‖ is intended to refer to the Black Panther Party, not the New Black Panther Party. see also, The Black Panthers: Vanguard of the Revolution (Firelight Films 2015) (selected as an official 2015 Sundance Film Festival documentary). 4 Commentary, Susie Day & Laura Whitehorn, Human Rights in the United States: The Unfinished Story of Political Prisoners and COINTELPRO, 23 NEW POLITICAL SCIENCE 288 (2001) (Congressional Black Caucus Legislative Weekend hosted by Representative Cynthia McKinney D-Ga. Statement made by Kathleen Neal cleaver). 5 RANSBY, supra note 2, at xiii (designating 1966 as the starting point of the organization). 6 Id. 7 See CHARLES E. JONES, TALKIN‘ THE TALK AND WALKIN‘ THE WALK: AN INTERVIEW WITH PANTHER JIMMY SLATER, THE BLACK PANTHER PARTY RECONSIDERED 161 (1998). 8 Cynthia Deitle Leonardatos, California‟s Attempts to Disarm the Black Panthers, 36 SAN DIEGO L. REV. 947, 964 (1999). 9 As used herein, the term ―government‖ is intended to mean acts committed by or at the behest of the President of the United States in his official capacity as such or acts committed by or at the behest of any agency, head or instrumentality of the United States government. The Federal Bureau of Investigation is hereinafter referred to as the ―FBI.‖ The FBI operates under Attorney General Guidelines and not by statutory grant of authority. These guidelines were created in 1976 as a result of abuses on the part of the FBI, such as the ones chronicled in this work. See The Federal Bureau of Investigation‘s Compliance with the Attorney General‘s Investigative Guidelines (Office of the Inspector General September 2005), available at http://www.justice.gov/oig/special/0509/chapter2 .htm 10 ―COINTELPRO is the FBI acronym for a series of covert action programs directed against domestic groups. In these programs, the Bureau went beyond the collection of intelligence to secret action designed to ‗disrupt‘ and ‗neutralize‘ target groups and 4 UNIVERSITY OF MIAMI RACE & SOCIAL JUSTICE LAW REVIEW
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