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MONITOR Microscope
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“Accordingly, jurors will disregard stat
utes in perfect good faith, as in the Sunday
closing prosecutions in Chicago in 1908. In
the same spirit a well-known preacher
wrote not long since that a prime cause of
lawlessness was enactment of legislation at
variance with the law of nature.
“In the same spirit, a sincere and as he
believed, a law-abiding labor leader de
clared in a Labor Day address that he
would not obey mandates of the courts
which deprived him of his natural ‘rights.’
In the same spirit the business man may
regard evasion of statutes which interfere
with his carrying on business as he chooses
as something entirely legitimate.
In the same spirit, public officials in
recent addresses have commended adminis
trative violation of the legal rights of
certain abnoxious persons, and one of the
law officers of the federal government has
publicly approved of mob violence toward
such persons.” (See Pound’s Criminal
Justice, page 15.)
While written more than half a century
ago, Roscoe Pound’s words hold true
today. But they apply, perhaps surprisingly
to many among us, to our society as a
whole, regardless of our political persua
sions.
The Bakke case controversy represents,
to a major degree, the re-surfacing of a
national sense of defiance of law. Clearly
there is an emerging opinion (which some
times reverses itself, however, and appears
to take steps backwards) that blacks,
women, the aged and other disadvantaged
groups are entitled to what is known in law
as "equity and fairplay.”
Attorney General Griffin Bell spoke of
this emerging conviction when he noted
that beyond anything which the U.S. Con-
Editorial Notes
(Continuedfrom page 2.)
National Insurance Association, is one of
the nation’s foremost exponents of what
some would call “bootstrap economics.” '
“No one will do for us,” he repeatedly
emphasizes “what we must do for our
selves.” Our readers’ comments would be
particularly helpful regarding the specific
issues with which Anderson Schweich con
fronts all of us... if we are to move from a
precarious economic survival position
toward the goal clearly marked “progress
and prosperity.”
stitution may or may not say, we owe a
moral debt to those who—by dent of un
conscionable discrimination—have been
historically disadvantaged.
The overwhelming majority of Ameri
cans are mindful of this need and of the
simple requirements of justice. But, in
order to rationalized one’s not paying one’s
own personal price, there is ever conve
niently at hand the principle of “natural
rights” and a “higher law” which means
“one’s conscience,” as each individual sees
it to his or her immediate advantage. This is
no less than an appeal to lawlessness, which
is a national trait of long-standing among
us.
So far as black Americans are concerned
with regard to the continuing fall-out from
the Bakke case controversy, two elementary
facts may hold a strategic advantage for us.
One is that we may steal much of the
thunder of those who would oppose mak
ing up for mistakes of the past by a re
minder that simply accepting a bill for only
immediate and continuing damages would
be more than sufficient to meet our needs.
The other fortuitous consideration
comes from our bearing in mind that strict
“law and order” or conformity to the law
can be like a two-edged sword. Hence, as a
race or a group in pursuit of freedom —
which is a thoroughly revolutionary com
modity for any group that is disadvantaged
or oppressed—we must be open to employ
ing “All means necessary.”
Our forefathers in enslavement used the
“laws of nature” or an “appeal to con
science” to advance our freedom when an
adherence to the law would have kept us in
bondage. When laws have been in our
favor, our people have been advocates of
upholding the laws... as they served our
needs. Hence, those seeking freedom must
never be dogmatic but rather pragmatic or
practical in all things.
(For comments upon the MONITOR
Microscope, please write to: The Editor,
The New National BLACK MONITOR,
PH C, 410 Central Park West, New York,
N. Y. 10025. Your helpful comments and
suggestions are always appreciated.)
&
I ’•)• ?■
Who Are Federal Civil Servants...?
1 hey are protecting your health...fighting diseases...seeking a cure for
cancer...seeking a cure for the common cold. THEY ARE DOING EXCITING
WORK! Fhey are concerned about protecting the environment...conservation
of energy... They are concerned about better housing...industrial and occupa
tional safety... They prepare your Social Security and other annuity checks...
and they collect your Federal income and excise taxes.
WHO ARE FEDERAL CIVIL SERVANTS?
f They are youth leaders... Members of veterans’ organiza-
-<< tions. educational associations, neighborhood organizations.
T social and civic groups, professional and fraternal organiza-
•/7' t ' ons - Thcv are niem bers of your church or synagogue.
They are your neighbors...taxpayers...responsible citi
zens.
Work in the Federal Government is challenging and
HL --J offers excellent rewards. But getting a job isn’t easy.
Competition is keen.
For information about Federal examinations, job
opportunities, contact a Federal Job Information
Center. It’s listed under’ U.S. Govern
j ment” in your telephone
MONITOR Microscope QUIZ?
(These questions are designed for class
room and group discussions. Answers are
always more sharply or clearly defined if
they are written. It is suggested that, where
feasible, answers be made first in some
written form and then discussed.)
1) If, as representatives of the South
African police admit, the police in South
africa “operate on their own powers” and
hence are “above the law,” what position
should the United Nations and its members
take toward dealings with South Africa?
2) In the Stephen Biko case, what seem to
be, in your view, the major lessons that we
may learn about the spirit of freedom or of
repression in South Africa?
3) What estimate do you make of, or
reaction to, President Kennedy’s remarks
concerning power and poetry? Do they
seem to make sense? If so, in what ways?
How would you add to this analysis?
4) Should world curbs be placed on what
inhumane treatments may be imposed on
those arrested? Should such curbs be
locally or nationally initiated even now?
What curbs, if any, would you suggest as
being most urgent or appropriate?
5) The framers of the Declaration of
New National BLACK MONITOR March. 197 g
Independence used the theories of “natural
law” developed by the French philosopher
Rousseau and the English philosopher
John Locke, it has been said that these two
men, with their “natural law” theories,
opened the doors to lawlessness. In what
sense may this be seen to be a correct esti
mate? In what sense may this be seen as an
incorrect estimate?
6) Should black Americans and our
nation’s religious leaders make a clear and
unequivocal stand for “obedience to the
law” especially since lawlessness has quite
often aided the cause of freedom? What
ways would you suggest for resolving the
tension involved between repressive laws
and the rule of conscience?
7) Do you feel that Roscoe Pound’s
analysis of lawlessness in 1922 has anything
to say regarding Watergate and the C.I.A.
today? Do you feel that the problem can be
easily resolved? If so, how?
8) What reaction or response would you
have to Attorney General Griffin Bell’s
contention that the nation owes a moral
debt to the disadvantaged? Do you see any
difference between “equal opportunity”
and “equity and fair play”?