LEGAL PROTECTION FOR AFRICAN-AMERICAN MINORITIES AGAINST RACIAL DISCRIMINATION IN THE U.S

LEGAL PROTECTION FOR AFRICAN-AMERICAN MINORITIES AGAINST

RACIAL DISCRIMINATION IN THE U.S.

AFR 428 - Critical Race Theory.

Arizona State Univeristy

May 24th, 2024

Week 4

Polemics over Racial Discrimination Against African American Minorities in the US

Race conflict is a dark history of the United States for a long time, long before George

Floyd's case, efforts to resolve this race problem had actually been made by President

Abraham Lincoln, where Lincoln issued regulations regarding the equal rights of American

citizens listed in the 15th Amendment in 1869.1 The amendment seems to be just an ordinary

regulation, the majority of whites do not heed the regulation, especially the citizens of the

southern United States, they still run Segregation or racial separation, especially with blacks.2

The case of racism is not a new phenomenon in the US, on December 24, 1865 an

organization called the Ku Klux Klan (KKK) was established, an extreme racist group in the

US, the history of the supremacy and superiority movement of the white race in the US

cannot be separated from the movement of this group. This racist organization was formed a

year after the end of the civil war. This group believes that the white race is the best race

compared to other races in the US.3

The Ku Klux Klan's actions peaked during the 1950s-1960s, which eventually gave

rise to several US black resistance groups and stores that called for equal rights and anti-

racism such as Malcolm X and Martin Luther King. However, until now, the US government

has never made a serious effort to eradicate this dangerous group.4

The following is a polemic on racial discrimination in various aspects of African-

American life in the US:

Socio-Cultural Aspects

In 1950, UNESCO declared that all humans on this earth are the same as homo sapiens

consisting of a number of populations, and the largest population is race. There is no

scientific evidence that there is a correlation between intellectual and biological racial

differences. This is the basis that there is no scientific evidence that can place certain races

superior to others. However, the fact that has occurred to date is a social construction that

places certain races (white citizens) superior to the black race.5

This belief then encourages some of these people to dominate and control racial

communities that are considered inferior. Discrimination in the socio-cultural aspects of

postcolonial society in the US forms a pattern of community behavior in daily life activities

such as avoidance, exclusion, physical abuse and even to the form of creating the extinction

of a race. The form of discrimination shown is segregation carried out by white racial citizens

against black citizens by accentuating physical and biological differences openly, which then

creates the view that the social status of black citizens is lower, inferior, minority and

backward. This creates regional clusters that separate black-dominated areas from white-

dominated areas. African American areas or black areas are a type of black racial enclave

found in some US cities where the majority of the population is black, commonly known as

ghettos or slums. The formation of these areas is related to the history of segregation in the

US. The socio-cultural aspect is also closely related to the assumptions and mindset of society

in general regarding racial differences. The black phenomenon is always juxtaposed and

labeled by the white community as close to crime and criminal activities, so there must be

clear regional segregation to provide limited space for citizens to move black people so that

they cannot threaten the lives of white people.6

Education Aspect

Discrimination and racism still color education in the US. Access to proper education,

especially at the higher education level, is still limited for black people. This is reflected in

the limited number of universities that accept African-American students. One of the main

ways that black students can obtain proper higher education is by establishing their own

universities (National geographic, 2019). A university known as a college for black students

is the Atlanta University Center consortium, which is a university consisting of four colleges

namely Clark Atlanta University, Spelman College, Morehouse College and Morehouse

School of Medicine located in Atlanta, Georgia which are located nearby.7

Discrimination in the education system is also reflected at the primary and secondary

school levels. Although the percentage of presence and enrollment for black students in

public schools (education segregation) has increased every year, education segregation still

colors the education system in the US. The condition of segregation in this education pattern

is different in each district region of the US state. New York City has some of the most

segregated schools in the country. Black and Latino students are still severely

underrepresented in secondary public schools in the US (truthout.org, 2020). Nearly 40

percent of African American students are educated in public schools that are also

predominantly African American, a number that has fallen considerably from the 68 percent

recorded in 1968. In fact, three-quarters of black students study in schools where more than

50% of the students are non-white. This still illustrates that there is still (racial and

discriminatory) segregation in the US education system.Some examples of real cases of racial

discrimination in US education can be seen in the following review:8

Differences in Tariffs and Education Funds

Since the 1960s most African-American, Latino, and Native American (Indian tribe) students

have been educated in entirely separate schools funded at rates several times lower than those

serving whites and excluded from many institutions of higher education entirely. On every

major national test, including the National Assessment of Educational Progress, the gap in

test scores of minority and white students narrowed substantially between 1970 and 1990,

especially for elementary school students. On the Scholastic Aptitude Test (SAT), African-

American students' scores rose 54 points between 1976 and 1994, while white students

remained stable.9

"Zero Tolerance" Discipline Policy

In 2001, the American Bar Association (ABA) supported the elimination of zero tolerance

laws in schools. Nearly 90% of public schools in the US have zero tolerance policies, and

evidence suggests that such policies are most likely to be adopted in districts where the

majority of the student body is African American and/or Latino.10

Legal Aspects

The civil rights movement that promotes legal equality for all US citizens regardless of

biological and physical differences has long been fought for. This movement aims to end

discriminatory attitudes, especially for African Americans and other minorities to demand

equality in the eyes of the law. Based on data shown by (www.mappingpoliceviolence.org,

2020) three states in the US have the highest rates of killings of black people by police

officers, namely California, Texas and Florida. Based on the same source, data on the high

mortality rate for black citizens to be killed by police officers is almost evenly distributed

across US states. In Utah, African Americans comprise only 1.06 percent of the population,

but police are responsible for 10 percent of homicides over the past seven years or 9.21 times

the rate of white deaths. In Minnesota, black Americans are almost are four times more at risk

of being killed by law enforcement, despite comprising only 5 percent of the overall

population.11

Economic Aspects

In the economic aspect, discrimination and racism issues are so visible in the US and become

the worst failure of a superpower that promotes liberal economics and freedom that it

becomes an international spotlight. Racism that occurs in the US is a representation of all

forms of brutal activities that can be clearly seen or not seen (implicit). High unemployment

rates among black and Hispanic communities are key to the country's economic slowdown

(CNBC Indonesia, 2020). This is because not everyone has the same opportunity to have

access to an inclusive economy, causing a slowdown in the overall economy.

Black people are generally close to the phenomenon of poverty and unemployment and

have relatively lower educational standards, making it more difficult for black people to get

decent jobs. With the difficulty of getting a decent job, the income or income received is

insufficient to meet the basic needs of life, which in turn can be the cause of high social cases

such as unemployment and crime among blacks. In general, the work usually done by African

Americans is manual labor and labor. According to the US Census, the average income of

African-Americans is only three-fifths of that of non-Hispanic whites. In 2018, the average

income of African Americans was recorded at $41,400, much lower than white people whose

income touched a nominal $70,600 (CNBC Indonesia, 2020).12

Political Aspects

In the political sphere racial discrimination also occurs. It is a domino effect of discrimination

in the previous areas. Structural ignorance and poverty in the US exacerbated political

opportunities. However, in the 1990s, the strengthening of democracy issues and the rise of

the Democratic Party over the conservative Republican Party had a positive influence on

equal political opportunities for blacks in the US. Black representation in the US parliament

also paved the way for black aspirations to be championed at the political level.

As a result of the political changes, Barrack Obama became the 44th President of the

United States, the first president of the United States to be of African-American descent

(black), serving from January 2009 - January 2017. With the election of Barack Obama as

president, African-Americans stated that the US had entered the post-racial era and hoped for

better conditions in the future. However, the facts on the ground proved different. Racial

practices and discrimination are still coloring almost all aspects of public life in the US,

including politics.13

In the 20th century racism was challenged with campaigns and laws against racist

attitudes. The African-American struggle for equality reached its peak in the mid-1960s. The

Southern Christian Leadership Conference (SCLC), made up of African-American religious

leaders and the Student Nonviolent Coordinating Committee (SNCC), made up of younger

activists, organized peaceful confrontations. Then rights activists organized "freedom riders".

Here African Americans and whites boarded buses moving south to confrontation sites that

would attract media attention and lead to change. They also organized large mass gatherings,

the largest of which was the March on Washington in 1963. More than 200,000 people

gathered in the nation's capital to demonstrate their commitment to equality for all, the high

point of the day being a speech by Martin Luther King Jr who emerged as a spokesman for

human rights.14

Furthermore, in 2018, based on survey data (IndexMundi) to measure how much

racism exists in an area In the perception of its population, the United States is ranked 13th in

acts of racism in the world. Then in recent years cases of racism have continued to re-emerge

coupled with the widespread distribution of video evidence of brutality and injustice against

black people. This is supported by analysis in the NYCLU (New York Civil Liberties Union)

annual report, revealing that innocent New Yorkers have been subjected to police brutality

and street interrogations including black people who are also the main targets of stop and

frisk activities. In 2018, there were 6,241 (57%) black citizens stopped out of a total of

11,008 stop cases recorded by the NYPD, then in 2019 the above number increased to 7,981

(59%). Even in the criminal justice fact sheet on the NAACP (National Associatin for the

Colored People) website, it is written that black people are 5 times more likely to be exposed

to unprovoked violence than white people because of their race.15

In 2019, even though African Americans make up 14% of the population (according

to the official census), they accounted for over 23% of the 1000 deaths caused by police

gunfire, and this figure has remained relatively consistent over the years 2017, while the rate

in the white population actually decreased.16

The death of George Floyd, who died when he was arrested by police in the US, has

become a major figure in demonstrations demanding equality and justice for African

Americans and is recorded as the largest protest against racism since the 1960s. The case that

happened to George Floyd on May 25, 2020 is one of the long blurry portraits in the history

of racism in the US that ended tragically.

The previous case that also carried the theme of racism before the widespread

information about George Floyd was the death of Breonna Taylor who died at the age of 26

in March 2020 in Louisville, Kentucky. Her house was visited by police suddenly on a drug

bust mission. After the house was searched, the police did not find any illegal drugs as

alleged. However, the homeowner, Breonna Taylor, was killed during the mysterious raid.

Local media reported that the police had conducted the search without any prior warning.

Based on further information, it was stated that the local police went to the wrong address

and caused the death of Breonna Taylor.18

Form Protection Law For People Minorities Against Racial Discrimination in the US

The United States has a mixed history when it comes to the implementation of human

rights. Despite being the country that initiated human rights policies during the 20th century,

unlike many other countries in the world, the US has yet to ratify most human rights treaties.

This is a paradox that continues to this day.

Human rights standards are generally not enforceable in the US and therefore need to

be implemented in the form of local, state or federal laws. International treaties include a

general definition of these rights, while international courts and oversight bodies typically do

not have the ability to directly enforce their decisions in the US. One of the best ways to

improve the implementation of human rights in the US is to strengthen domestic legal

protections through the enactment of laws that recognize the existence and ensure the

protection of human rights the implementation of those rights by the U.S. government and

courts is consistent with international standards (Human Rights and United States Law)20

Furthermore, December 18, 1865 was a very historic peg for the United States. On that

day the US declared itself free from the slavery of black slavery through the 13th amendment

as part of the superpower's constitution. In 1868, the 14th Amendment to the constitution

provided equal protection rights for the black community, followed by the 14th amendment.

15 which gave the right to vote. President Franklin D. Roosevelt finally issued Executive

Order 8802 in 1941 to provide equal employment rights for all citizens regardless of race,

color, or nationality.21

The period 1957-1965 saw the passage of a constitution that de facto addressed the

enforcement of civil rights for African-Americans and the elimination of all forms of

discrimination. The Civil Rights Act of 1964. Which prohibited discrimination based on

"race, color, religion, or national origin" in employment practices and public

accommodations; The 1965 Voting Rights Act that protected voting rights; the 1965

Immigration and Nationality Services Act and the 1968 Fair Housing Act that prohibited

discrimination in the sale or rental of housing. African-Americans re-entered politics.

Subsequent developments in the black community began to improve, equality in the

eyes of the law began to be felt, all rights and facilities began to be evenly distributed and the

black community began to integrate with the white community, the assimilation of the two

races began to influence each other. This integration formed a new image of the United States

nation.23

Enforcement of Civil Rights of Minorities

Relying on the efforts of the black community itself, the civil rights movement

gained momentum in the post-war years. Through the Supreme Court and Congress, civil

rights advocates created the groundwork for a larger movement in the 1960s. Equality under

the law, the right to vote, the right to hold office, Togetherness to get the same facilities is all

important for social life in the community.24

The first moment of black civil rights enforcement in the United States began on

December 1, 1955. At that time, Rosa Parks, a dressmaker and member of Martin Luther

King's church congregation boarded a bus, Mrs. Parks did not heed the bus driver's call to

give her seat to a white passenger. As a result, Mrs. Parks was arrested on an unlawful

charge, and she was forced to pay a fine of $10.25 This incident sparked the anger of African

Americans, they considered all of the Montgomery area to be a symbol of humiliation,

injustice, and inequality. Then on December 5, 1955, Martin Luther King as president of the

Montgomery Improvement Association, officially became the spokesman for the boycott

launched by the negroes. He told all African Americans in Montgomery not to ride the bus.

This action lasted for 382 days, everyone preferred to walk to get freedom and justice. This

action triggered the civil rights movement in the next period which was voiced by Macolm X

in the 1960s. These two black civil rights stores which had a significant impact on the entire

African American community.26

Efforts in the fight for black civil rights were evident from the Montgomery

Improvement Association (MIA) led by Martin Luther to focus national attention on racial

segregation.27 On August 28, 1963, the March on Washington for jobs and Freedom

occurred, which was the largest civil rights movement at the time. Around 250,000 citizens

were involved to support the movement. This movement was carried out to fight for the issue

of discrimination in employment, violence against the civil rights of African Americans, and

support for the Civil Rights Act that was being pursued by the Kannedy administration at that

time.28

The 1961-1964 civil rights movement in Selma, Alabama by the Student Nonviolent

Coordinating Committee (SNCC) and the Southern Cristian Leadership Conference (SCLC)

involved a number of demonstrations to address the issue of voting rights for black people.

This movement was also led by Martin Luther King, which led to Bloody Sunday being aired

around the world. The third demonstration was the last demonstration of this movement in

Alabama resulting in success was the acquisition of fair voting rights for the black

community.29

The most important legislative achievements during the civil rights movement phase

included the passage of the Civil Rights Act of 1964. which prohibited discrimination based

on "race, color, religion, or national origin" in employment practices and public

accommodations; the 1965 voting rights act which protected voting rights; the 1965

immigration and nationality services act and the 1968 fair housing act which prohibited

discrimination in the sale or rental of housing. African-Americans re-entered politics, and

young people across the country were inspired to participate.30

Furthermore, after Barrack Hussein Obama, took office as president of the United

States for the period 2009-2014 in his campaign, the slogan "Change, We Belive In". this

slogan was influenced by the Rhythm and Blues musician, Tupac Shakur, this was stated in

his musical work entitled Change, this became a turning point for improving the civil rights

of the black race in the US, this is also a long reflection on what African Americans have

experienced, so that Change (change) is the right word for those who have been shackled in

the injustice they receive in society. Then on February 11, 2015, President Barrack Obama

took a stand in fighting racism in the multicultural country during a speech at Morehouse

College, Atlanta, United States. Obama said that the bitter past of the slavery era has not

disappeared so racism and discrimination are still out there, therefore people need to come

together to mingle with each other and remove the dividing wall between races in the United

States. 31