Monday, September 23, 2013

Engish Assignments for the Week of September 30- October 3

Monday
     Seniors-Write in your journal for the first ten minutes of class.  Teacher reviews how to write a summary briefly and assigns Novels.  1st hour- Never Let Me Go   2nd hour- Brave New World  3rd hour The Help. Read chapters 1-2, write a summary and answer corresponding analysis questions.

     Juniors-  Write in your journal for the first ten minutes of class.  Read chapters 5-6 in Animal Farm and write your chapter summary and answer analysis questions. 

Tuesday
     Seniors- Read your own novel for the first ten minutes of class.  Each class period reads their designated novel chapters 3-4, writes a summary and answer corresponding analysis questions. 

     Juniors-Read your own novel for the first ten minutes of class.  Read Animal Farm  chapters 3-4, write a summary and answer corresponding analysis questions. 

Wednesday
     Seniors-Write in your journal for the first ten minutes of class.  Each class period reads their designated novel chapters 5-6, writes a summary and answer corresponding analysis questions. 

     Juniors-  Write in your journal for the first ten minutes of class. Read Animal Farm  chapters 7-8, write a summary and answer corresponding analysis questions.  

Thursday
     Seniors- Read your own novel for the first ten minutes of class.  Each class period reads their designated novel chapters 7-8, writes a summary and answer corresponding analysis questions. 

     Juniors-Read your own novel for the first ten minutes of class.  Read Animal Farm  chapters 9-10, write a summary and answer corresponding analysis questions.  

 Senior Link to Online Novel...Brave New World  
http://www.idph.net/conteudos/ebooks/BraveNewWorld.pdf

Junior Link to Online Novel... Animal Farm 
 http://msxnet.org/orwell/print/animal_farm.pdf

Wednesday, September 18, 2013

Junior and Senior Lessons for the week of September 23-26

Monday-
     Seniors will write in their journal, analyzing a quote for the first ten minutes of class. As a class, the students will then read The Bill of Rights and then individually take 2-3 pages of Cornell-style Notes (handout explaining note taking technique will be distributed and posted below weekly lesson agenda).

     Juniors will write in their journal, analyzing a quote for the first ten minutes of class. Students will then be allowed to watch the movie, Never Let Me Go as the culminating activity to completing the novel. Students will take notes depicting the contrasts between the novel and theatrical performance.

Tuesday-
     Seniors will read the first 10 minutes of class.  The teacher will then explain the Bill of Rights Group Activity.  The teacher will place students in cooperative groups of 3 or 4, and pass out the rubric.  Each  group will be assigned one of the first ten amendments and complete the following tasks: Write a summary of the amendment in modern language defining necessary terms.Explain an example in U.S. History or an example in the life of the presenters that involves one of the first ten amendments.Create a visual aide for teaching the amendment. It can be a picture or a diagram.Create a skit depicting the amendment being violated.Create a handout for the class (28 copies). Crossword puzzles, word searches, and graphic organizers work best. Present the above items to the class on Thursday.

     Juniors will read the first 10 minutes of class. Students will watch a YouTube video regarding communism and take Cornell-style notes.

Wednesday-
     Seniors will have a special scholarship presentation.

     Juniors will write in their journal the first 10 minutes of class.  Students will read chapters 1-2 of Animal Farm and write a summary and answer analysis questions pertaining to their chapter. 

Thursday-
     Seniors will present their group Bill of Rights Projects.  Essay Contest submissions are due.

     Juniors will read the first 10 minutes of class and then read chapters 3-4 of Animal Farm and write a summary and answer analysis questions pertaining to their chapter.
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NOTE TAKING Cornell Notes
To help me organize notes.
Divide the paper into three sections.
• Draw a dark horizontal line about 5 or 6 lines from the bottom. Use a heavy
magic marker so that it is clear.
• Draw a dark vertical line about 2 inches from the left side of the paper from the
top to the horizontal line.
Document
• Write course name, date and topic at the top of each page
Write Notes
• The large box to the right is for writing notes.
• Skip a line between ideas and topics
• Don't use complete sentences. Use abbreviations, whenever possible. Develop a
shorthand of your own, such as using & for the word "and".
Review and clarify
• Review the notes as soon as possible after class.
• Pull out main ideas, key points, dates, and people, and write them in the left
column.
Summarize
• Write a summary of the main ideas in the bottom section.
Study your notes
• Reread your notes in the right column.
• Spend most of your time studying the ideas in the left column and the summary at
the bottom. These are the most important ideas and will probably include most of
the information that will be tested.
This strategy is based on a strategy presented in Pauk, W. (1997). How to study in college (6th ed). Boston:
Houghton Mifflin.
Learning Toolbox. Steppingstone Technology Grant, James Madison University,
MSC 1903, Harrisonburg, VA 22807. 
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The Bill of Rights
(with brief explanations)
THE PREAMBLE TO THE BILL OF RIGHTS
Congress of the United States begun and held at the City of New
York, on Wednesday the fourth of March, one thousand seven
hundred and eighty nine.
THE Conventions of a number of the States, having at the time of
their adopting the Constitution, expressed a desire, in order to
prevent misconstruction or abuse of its powers, that further
declaratory and restrictive clauses should be added: And as
extending the ground of public confidence in the Government, will
best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the
United States of America, in Congress assembled, two thirds of
both Houses concurring, that the following Articles be proposed to
the Legislatures of the several States, as amendments to the
Constitution of the United States, all, or any of which Articles, when
ratified by three fourths of the said Legislatures, to be valid to all
intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the
United States of America, proposed by Congress, and ratified by
the Legislatures of the several States, pursuant to the fifth Article of
the original Constitution.
Amendment I - Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Go vernment for
a redress of grievances.
Government can neither impose a state religion upon
you nor punish you for exercising the religion of your
choice. You may express your opinions, write and
publish what you wish, gather peacefully with others,
and formally ask government to correct injustices.
Amendment II - A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear
Arms, shall not be infringed.
Individuals ("the people") have the right to own and
use weapons without interference from the
government.
Amendment III - No Soldier shall, in time of peace be quartered in
any house, without the consent of the Owner, nor in time of war, but
in a manner to be prescribed by law.
The government cannot force you to house its agents.
Amendment IV - The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and the
persons or things to be seized.
You may not be arrested or "detained" arbitrarily. No
agency of government may inspect or seize your
property or possessions without first obtaining a
warrant. To obtain a warrant, they must show specific
cause for the search or seizure and swear under oath
that they are telling the truth about these reasons.
Furthermore, the warrant itself must state specifically
and in detail the place, things, or people it covers.
Warrants that are too general or vague are not valid;
searches or seizures that exceed the terms of the
warrant are not valid.
Amendment V - No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of
a Grand Jury, except in cases arising in the land or naval forces, or
in the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offence to be twice put
in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall private property
be taken for public use, without just compensation.
No one outside the military may be tried for a serious
crime without first being indicted by a grand jury (of
citizens). Once found not guilty, a person may not be
tried again for the same deed. You can't be forced to
be a witness or provide evidence against yourself in a
criminal case. You can't be sent to prison or have
your assets seized without due process. The
government can't take your property without paying
market value for it.
Amendment VI - In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to
be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence.
Trials cannot be unreasonably postponed or held in
secret. In any criminal case against you, you have a
right to public trial by a jury of unbiased citizens (thus
ensuring that the state can't use a "party-line" judge to
railroad you). The trial must be held in the state or
region where the crime was committed. You cannot
be held without charges. You cannot be held on
charges that are kept secret from you. You have a
right to know who is making accusations against you
and to confront those witnesses in court. You have
the right to subpoena witnesses to testify in your favor
and a right to the services of an attorney.
Amendment VII - In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be otherwise
reexamined in any Court of the United States, than according to the
rules of the common law.
The right to trial by jury extends to civil, as well as
criminal, cases. Once a jury has made its decision, no
court can overturn or otherwise change that decision
except via accepted legal processes (for instance,
granting of a new trial when an appeals court
determines that your rights were violated in the
original proceeding).
Amendment VIII - Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments
inflicted.
Bail, fines, and punishments must all fit the crime and
punishments must not be designed for cruelty.
Amendment IX - The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others retained
by the people.
You have more rights than are specifically listed in the
Bill of Rights.
Amendment X - The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.
The U.S. federal government has only those specific
powers granted to it by the Constitution. All other
powers belong either to the states or to individuals.
The Ninth and Tenth Amendments, taken together, mean that the
federal government has only the autho rity granted to it, while the
people are presumed to have any right or power not specifically
forbidden to them. The Bill of Rights as a whole is dedicated to
describing certain key rights of the people that the government is
categorically forbidden to remove, abridge, or infringe. The Bill of
Rights clearly places the people in charge of their own lives, and
the government within strict limits - the very opposite of the
situation we have allowed to develop today.

Tuesday, September 10, 2013

English Assignments for the Week of September 16, 2013

Monday
     Seniors- Write in journal.  This week, you will be deconstructing and analyzing historical US judicial    rulings.  Each day, you will read a new case and do the following: A copy of all the readings will be attached to the bottom of this week's post.
1. Annotate the Argument with your thoughts, questions, and judgment calls

2.  Explain in one paragraph the issue at hand, the law it deals with, imperative evidence and/or testimony, the ruling of the court, and why it is significant.  Use direct citation. This paragraph may very well exceed 8 sentences.  Keep it professional.  No “I statements” instead of saying “I feel _____________ is important”, say “________ is important….

     Juniors- Write in journal.  Read chapters 11 and 12 in the novel, "Never Let Me Go" and write a comprehensive summary of both chapters.  You are also responsible to stay up-to-date on your novel analysis questions.

Tuesday
     Seniors- Read silently for 10 minutes. Continue your assignment from Monday, selecting a new historical judicial ruling to analyze and deconstruct.

     Juniors- Read silently the first 10 minutes of class.  Read chapters 13 and 14 in the novel, "Never Let Me Go" and write a comprehensive summary of both chapters.  You are also responsible to stay up-to-date on your novel analysis questions.

Wednesday
    Seniors- Write in journal.  Continue your assignment, selecting a new historical judicial ruling to analyze and deconstruct.

     Juniors- Write in journal.  Read chapters 15 and 16 in the novel, "Never Let Me Go" and write a comprehensive summary of both chapters.  You are also responsible to stay up-to-date on your novel analysis questions.

Thursday  
      Seniors- Read silently the first 10 minutes of class.  Complete your last analysis and deconstruction of your final historical judicial ruling. Homework:

Five paragraph essay depicting the following:
Intro- Explain the importance of these historical documents and the importance they have played in American society.

1-3 Select 3 of the cases to deconstruct, explain why the judge ruled the way they did by incorporating the law, and explain the historical context.

5- Conclusion- Thought-Provoking and Stimulating Summation of your analytical findings and historical importance.  (NO PERSONALIZATION, YOUR OPINION IS LAW)

Due Monday September 23, 2013

  
      Juniors- Write in journal.  Read chapters 17and 18 in the novel, "Never Let Me Go" and write a comprehensive summary of both chapters.  You are also responsible to stay up-to-date on your novel analysis questions.  Homework:

Finish the Novel (Chapters 19-23)  Write summaries for 19 & 20, 21&22, and a final summary for chapter 23.  All Analysis Questions must be complete as well.  If all students finish the novel, all summaries, and analysis questions we will watch the movie, "Never Let Me Go."  If one student does not complete the assigned work, the class will not watch this film, and instead, write an essay on Monday. 
     
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Senior Readings and Assignment

Marbury v. Madison – Case Brief Summary

Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803).

Facts

On his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office.
The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall (who later became Chief Justice of the Supreme Court and author of this opinion), but they were not delivered before the expiration of Adams’s term as president. Thomas Jefferson refused to honor the commissions, claiming that they were invalid because they had not been delivered by the end of Adams’s term.
William Marbury (P) was an intended recipient of an appointment as justice of the peace. Marbury applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State, James Madison (D), to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed, or persons holding office, under the authority of the United States.”

Issues

  1. Does Marbury have a right to the commission?
  2. Does the law grant Marbury a remedy?
  3. Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?
  4. Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution?
  5. Does the Supreme Court have original jurisdiction to issue writs of mandamus?

Holding and Rule (Marshall)

  1. Yes. Marbury has a right to the commission.

    The order granting the commission takes effect when the Executive’s constitutional power of appointment has been exercised, and the power has been exercised when the last act required from the person possessing the power has been performed. The grant of the commission to Marbury became effective when signed by President Adams.
  2. Yes. The law grants Marbury a remedy.The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection.

    Where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, the individual who considers himself injured has a right to resort to the law for a remedy. The President, by signing the commission, appointed Marbury a justice of the peace in the District of Columbia. The seal of the United States, affixed thereto by the Secretary of State, is conclusive testimony of the verity of the signature, and of the completion of the appointment. Having this legal right to the office, he has a consequent right to the commission, a refusal to deliver which is a plain violation of that right for which the laws of the country afford him a remedy.
  3. Yes. The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void.

    It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each. If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
  4. No. Congress cannot expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution.

    The Constitution states that “the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.” If it had been intended to leave it in the discretion of the Legislature to apportion the judicial power between the Supreme and inferior courts according to the will of that body, this section is mere surplusage and is entirely without meaning. If Congress remains at liberty to give this court appellate jurisdiction where the Constitution has declared their jurisdiction shall be original, and original jurisdiction where the Constitution has declared it shall be appellate, the distribution of jurisdiction made in the Constitution, is form without substance.
  5. No. The Supreme Court does not have original jurisdiction to issue writs of mandamus.

    To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.

    It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that case. Although, therefore, a mandamus may be directed to courts, yet to issue such a writ to an officer for the delivery of a paper is, in effect, the same as to sustain an original action for that paper, and is therefore a matter of original jurisdiction.

Disposition

Application for writ of mandamus denied. Marbury doesn’t get the commission.
See Ex Parte McCardle for a constitutional law case brief holding that that the Constitution gives Congress the express power to make exceptions to the Supreme Court’s appellate jurisdiction.

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Brown v. Board of Education – Case Brief Summary

Summary of Brown v. Board of Education of Topeka, 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954).

Facts

This case is a consolidation of several different cases from Kansas, South Carolina, Virginia, and Delaware. Several black children (through their legal representatives, Ps) sought admission to public schools that required or permitted segregation based on race. The plaintiffs alleged that segregation was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.
In all but one case, a three judge federal district court cited Plessy v. Ferguson in denying relief under the “separate but equal” doctrine. On appeal to the Supreme Court, the plaintiffs contended that segregated schools were not and could not be made equal and that they were therefore deprived of equal protection of the laws.

Issue

  • Is the race-based segregation of children into “separate but equal” public schools constitutional?

Holding and Rule (Warren)

  • No. The race-based segregation of children into “separate but equal” public schools violates the Equal Protection Clause of the Fourteenth Amendment and is unconstitutional.
Segregation of children in the public schools solely on the basis of race denies to black children the equal protection of the laws guaranteed by the Fourteenth Amendment, even though the physical facilities and other may be equal. Education in public schools is a right which must be made available to all on equal terms.
The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the role of public education in American life today. The separate but equal doctrine adopted in Plessy v. Ferguson, which applied to transportation, has no place in the field of public education.
Separating black children from others solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The impact of segregation is greater when it has the sanction of law. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law tends to impede the educational and mental development of black children and deprives them of some of the benefits they would receive in an integrated school system. Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority and any language to the contrary in Plessy v. Ferguson is rejected.

Disposition

Judgment for the plaintiffs.
See Allen v. Wright for a constitutional law case brief involving an issue of whether the parents of black children had standing to bring claims for declaratory and injunctive relief regarding the tax-exempt status of segregated private schools.
Plessy v. Ferguson – Case Brief Summary
Summary of Plessy v. Ferguson, 163 U.S. 537, 16 S. Ct. 1138, 41 L. Ed. 256 (1896).

Facts

Plessy (P) attempted to sit in an all-white railroad car. After refusing to sit in the black railway carriage car, Plessy was arrested for violating an 1890 Louisiana statute that provided for segregated “separate but equal” railroad accommodations. Those using facilities not designated for their race were criminally liable under the statute.
At trial with Justice John H. Ferguson (D) presiding, Plessy was found guilty on the grounds that the law was a reasonable exercise of the state’s police powers based upon custom, usage, and tradition in the state. Plessy filed a petition for writs of prohibition and certiorari in the Supreme Court of Louisiana against Ferguson, asserting that segregation stigmatized blacks and stamped them with a badge of inferiority in violation of the Thirteenth and Fourteenth amendments. The court found for Ferguson and the Supreme Court granted cert.

Issue

  • Can the states constitutionally enact legislation requiring persons of different races to use “separate but equal” segregated facilities?

Holding and Rule (Brown)

  • Yes. The states can constitutionally enact legislation requiring persons of different races to use “separate but equal” segregated facilities.

Thirteenth Amendment issue

The statute does not conflict with the Thirteenth Amendment. The Thirteenth Amendment abolished slavery and involuntary servitude, except as a punishment for crime. Slavery implies involuntary servitude and a state of bondage. The Thirteenth Amendment however was regarded as insufficient to protect former slaves from certain laws which had been enacted in the south which imposed upon them onerous disabilities and burdens and curtailed their rights in the pursuit of life, liberty and property to such an extent that their freedom was of little value; and that the Fourteenth Amendment was devised to meet this exigency.

Fourteenth Amendment Issue

All persons born or naturalized in the United States and subject to the jurisdiction thereof are made citizens of the United States and of the State wherein they reside, and the States are forbidden from making or enforcing any law which shall abridge the privileges or immunities of citizens of the United States, or shall deprive any person of life, liberty, or property without due process of law, or deny to any person within their jurisdiction the equal protection of the laws.
The proper construction of this amendment involves a question of exclusive privileges rather than race. Its main purpose was to establish the citizenship of former slaves, to give definitions of citizenship of the United States and of the States, and to protect the privileges and immunities of citizens of the United States from hostile legislation of the states.
It was intended to enforce the absolute equality of the two races before the law, but it was intended to abolish distinctions based upon color, or to enforce social equality, or a commingling of the two races upon terms unsatisfactory to either. Laws permitting and even requiring their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race. Such laws have generally been recognized as within the scope of the states’ police powers. The most common instance involves the establishment of separate schools, which has been held to be a valid exercise of the legislative power even by courts of States where the political rights of blacks have been longest and most earnestly enforced.

Disposition

Judgment for Ferguson (Plessy loses).

Note

This case is often cited incorrectly as Plessey v. Ferguson.
This case was later overruled by Brown v. Board of Education. Justice Warren wrote the opinion for a unanimous court, holding that separate facilities which segregate based on race are inherently unequal.

 

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Roe v. Wade – Case Brief Summary

Summary of Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).

Facts

Roe (P), a pregnant single woman, brought a class action suit challenging the constitutionality of the Texas abortion laws. These laws made it a crime to obtain or attempt an abortion except on medical advice to save the life of the mother.
Other plaintiffs in the lawsuit included Hallford, a doctor who faced criminal prosecution for violating the state abortion laws; and the Does, a married couple with no children, who sought an injunction against enforcement of the laws on the grounds that they were unconstitutional. The defendant was county District Attorney Wade (D).
A three-judge District Court panel tried the cases together and held that Roe and Hallford had standing to sue and presented justiciable controversies, and that declaratory relief was warranted. The court also ruled however that injunctive relief was not warranted and that the Does’ complaint was not justiciable.
Roe and Hallford won their lawsuits at trial. The district court held that the Texas abortion statutes were void as vague and for overbroadly infringing the Ninth and Fourteenth Amendment rights of the plaintiffs. The Does lost, however, because the district court ruled that injunctive relief against enforcement of the laws was not warranted.
The Does appealed directly to the Supreme Court of the United States and Wade cross-appealed the district court’s judgment in favor of Roe and Hallford.

Issues

  1. Do abortion laws that criminalize all abortions, except those required on medical advice to save the life of the mother, violate the Constitution of the United States?
  2. Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution protect the right to privacy, including the right to obtain an abortion?
  3. Are there any circumstances where a state may enact laws prohibiting abortion?
  4. Did the fact that Roe’s pregnancy had already terminated naturally before this case was decided by the Supreme Court render her lawsuit moot?
  5. Was the district court correct in denying injunctive relief?

Holding and Rule (Blackmun)

  1. Yes. State criminal abortion laws that except from criminality only life-saving procedures on the mother’s behalf, and that do not take into consideration the stage of pregnancy and other interests, are unconstitutional for violating the Due Process Clause of the Fourteenth Amendment.
  2. Yes. The Due Process Clause protects the right to privacy, including a woman’s right to terminate her pregnancy, against state action.
  3. Yes. Though a state cannot completely deny a woman the right to terminate her pregnancy, it has legitimate interests in protecting both the pregnant woman’s health and the potentiality of human life at various stages of pregnancy.
  4. No. The natural termination of Roe’s pregnancy did not render her suit moot.
  5. Yes. The district court was correct in denying injunctive relief.
The Court held that, in regard to abortions during the first trimester, the decision must be left to the judgment of the pregnant woman’s doctor. In regard to second trimester pregnancies, states may promote their interests in the mother’s health by regulating abortion procedures related to the health of the mother. Regarding third trimester pregnancies, states may promote their interests in the potentiality of human life by regulating or even prohibiting abortion, except when necessary to preserve the life or health of the mother.
The Supreme Court held that litigation involving pregnancy, which is “capable of repetition, yet evading review,” is an exception to the general rule that an actual controversy must exist at each stage of judicial review, and not merely when the action is initiated.
The Court held that while 28 U.S.C. § 1253 does not authorize a party seeking only declaratory relief to appeal directly to the Supreme Court, review is not foreclosed when the case is brought on appeal from specific denial of injunctive relief and the arguments on the issues of both injunctive and declaratory relief are necessarily identical.
The Does’ complaint seeking injunctive relief was based on contingencies which might or might not occur and was therefore too speculative to present an actual case or controversy. It was unnecessary for the Court to decide Hallford’s case for injunctive relief because once the Court found the laws unconstitutional, the Texas authorities were prohibited from enforcing them.

Disposition

Roe wins – the district court judgment is affirmed.
Hallford loses – the district court judgment is reversed.
The Does lose – the district court judgment is affirmed.
See Singleton v. Wulff for an abortion rights constitutional law case brief involving issues of injunctive and declaratory relief in the context of the enforcement of abortion legislation.


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McCulloch v. Maryland – Case Brief Summary
Summary of McCulloch v. Maryland, 17 U.S. 316, 4 Wheat. 316, 4 L. Ed. 579 (1819).

Facts

Maryland (P) enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The statute provided that all such banks were prohibited from issuing bank notes except upon stamped paper issued by the state. The statute set forth the fees to be paid for the paper and established penalties for violations.
The Second Bank of the United States was established pursuant to an 1816 act of Congress. McCulloch (D), the cashier of the Baltimore branch of the Bank of the United States, issued bank notes without complying with the Maryland law. Maryland sued McCulloch for failing to pay the taxes due under the Maryland statute and McCulloch contested the constitutionality of that act. The state court found for Maryland and McCulloch appealed.

Issues

  1. Does Congress have the power under the Constitution to incorporate a bank, even though that power is not specifically enumerated within the Constitution?
  2. Does the State of Maryland have the power to tax an institution created by Congress pursuant to its powers under the Constitution?

Holding and Rule (Marshall)

  1. Yes. Congress has power under the Constitution to incorporate a bank pursuant to the Necessary and Proper clause (Article I, section 8).
  2. No. The State of Maryland does not have the power to tax an institution created by Congress pursuant to its powers under the Constitution.
The Government of the Union, though limited in its powers, is supreme within its sphere of action, and its laws, when made in pursuance of the Constitution, form the supreme law of the land. There is nothing in the Constitution which excludes incidental or implied powers. If the end be legitimate, and within the scope of the Constitution, all the means which are appropriate and plainly adapted to that end, and which are not prohibited, may be employed to carry it into effect pursuant to the Necessary and Proper clause.
The power of establishing a corporation is not a distinct sovereign power or end of Government, but only the means of carrying into effect other powers which are sovereign. It may be exercised whenever it becomes an appropriate means of exercising any of the powers granted to the federal government under the U.S. Constitution. If a certain means to carry into effect of any of the powers expressly given by the Constitution to the Government of the Union be an appropriate measure, not prohibited by the Constitution, the degree of its necessity is a question of legislative discretion, not of judicial cognizance.
The Bank of the United States has a right to establish its branches within any state. The States have no power, by taxation or otherwise, to impede or in any manner control any of the constitutional means employed by the U.S. government to execute its powers under the Constitution. This principle does not extend to property taxes on the property of the Bank of the United States, nor to taxes on the proprietary interest which the citizens of that State may hold in this institution, in common with other property of the same description throughout the State.

Disposition

Reversed; judgment for McCulloch.

Note

This opinion is occasionally cited as Mccullough v. Maryland or alternatively as Maryland v. McCulloch.
See Martin v. Hunter’s Lessee for a case brief of a constitutional law opinion holding that the Supreme Court’s interpretation of the Constitution and laws of the United States trumps that of state courts.











































 

Monday, September 9, 2013

English Assignments for the Week of September 9, 2013

Monday-
     Seniors- Read and synthesize the tone of Malcom-X's "The Ballot or the Bullet" in groups, specifically analyzing and annotating the manipulation of words to create a specific tone and rhetoric quality.
     Juniors- Read chapters 5-6, write summary and answer analysis ?'s.
Tuesday-
     Seniors- Continue synthesizing the tine of "The Ballot or the Bullet" specifically analyzing and annotating the manipulation of words to create a specific tone and rhetoric quality.
     Juniors- Read chapters 7-8, write summary and answer analysis ?'s.
Wednesday-
     Seniors- Read and synthesize the tone of MLK Jr's "A Letter from a Birmingham Jail." specifically analyzing and annotating the manipulation of words to create a specific tone and rhetoric quality. You can listen to the reading here ▶read Dr. Martin Luther King Jr. Birmingham Jail Letter - YouTube
     Juniors-  Read chapters 9-10 write summary and answer analysis ?'s.
Thursday-
    Seniors- Finish synthesizing "A Letter from a Birmingham Jail." specifically analyzing and annotating the manipulation of words to create a specific tone and rhetoric quality.
                  H.W. 5 P essay comparing & contrasting your analysis and annotation of this week's reading selections; "The Ballot or the Bullet" and "A Letter from a Birmingham Jail" depicting how author's in both pieces manipulated words to create specific tones and rhetoric qualities.
     Juniors- Read chapters 11-12 write summary and answer analysis ?'s.

Senior Readings
 
The Ballot or the Bullet
by Malcolm X
April 3, 1964
Cleveland, Ohio
Mr. Moderator, Brother Lomax, brothers and sisters, friends and enemies: I just can't believe everyone in here is a friend, and I don't want to leave anybody out. The question tonight, as I understand it, is "The Negro Revolt, and Where Do We Go From Here?" or What Next?" In my little humble way of understanding it, it points toward either the ballot or the bullet.

Before we try and explain what is meant by the ballot or the bullet, I would like to clarify something concerning myself. I'm still a Muslim; my religion is still Islam. That's my personal belief. Just as Adam Clayton Powell is a Christian minister who heads the Abyssinian Baptist Church in New York, but at the same time takes part in the political struggles to try and bring about rights to the black people in this country; and Dr. Martin Luther King is a Christian minister down in Atlanta, Georgia, who heads another organization fighting for the civil rights of black people in this country; and Reverend Galamison, I guess you've heard of him, is another Christian minister in New York who has been deeply involved in the school boycotts to eliminate segregated education; well, I myself am a minister, not a Christian minister, but a Muslim minister; and I believe in action on all fronts by whatever means necessary.

Although I'm still a Muslim, I'm not here tonight to discuss my religion. I'm not here to try and change your religion. I'm not here to argue or discuss anything that we differ about, because it's time for us to submerge our differences and realize that it is best for us to first see that we have the same problem, a common problem, a problem that will make you catch hell whether you're a Baptist, or a Methodist, or a Muslim, or a nationalist. Whether you're educated or illiterate, whether you live on the boulevard or in the alley, you're going to catch hell just like I am. We're all in the same boat and we all are going to catch the same hell from the same man. He just happens to be a white man. All of us have suffered here, in this country, political oppression at the hands of the white man, economic exploitation at the hands of the white man, and social degradation at the hands of the white man.

Now in speaking like this, it doesn't mean that we're anti-white, but it does mean we're anti-exploitation, we're anti-degradation, we're anti-oppression. And if the white man doesn't want us to be anti-him, let him stop oppressing and exploiting and degrading us. Whether we are Christians or Muslims or nationalists or agnostics or atheists, we must first learn to forget our differences. If we have differences, let us differ in the closet; when we come out in front, let us not have anything to argue about until we get finished arguing with the man. If the late President Kennedy could get together with Khrushchev and exchange some wheat, we certainly have more in common with each other than Kennedy and Khrushchev had with each other.
If we don't do something real soon, I think you'll have to agree that we're going to be forced either to use the ballot or the bullet. It's one or the other in 1964. It isn't that time is running out -- time has run out!
1964 threatens to be the most explosive year America has ever witnessed. The most explosive year. Why? It's also a political year. It's the year when all of the white politicians will be back in the so-called Negro community jiving you and me for some votes. The year when all of the white political crooks will be right back in your and my community with their false promises, building up our hopes for a letdown, with their trickery and their treachery, with their false promises which they don't intend to keep. As they nourish these dissatisfactions, it can only lead to one thing, an explosion; and now we have the type of black man on the scene in America today -- I'm sorry, Brother Lomax -- who just doesn't intend to turn the other cheek any longer.

Don't let anybody tell you anything about the odds are against you. If they draft you, they send you to Korea and make you face 800 million Chinese. If you can be brave over there, you can be brave right here. These odds aren't as great as those odds. And if you fight here, you will at least know what you're fighting for.

I'm not a politician, not even a student of politics; in fact, I'm not a student of much of anything. I'm not a Democrat. I'm not a Republican, and I don't even consider myself an American. If you and I were Americans, there'd be no problem. Those Honkies that just got off the boat, they're already Americans; Polacks are already Americans; the Italian refugees are already Americans. Everything that came out of Europe, every blue-eyed thing, is already an American. And as long as you and I have been over here, we aren't Americans yet.

Well, I am one who doesn't believe in deluding myself. I'm not going to sit at your table and watch you eat, with nothing on my plate, and call myself a diner. Sitting at the table doesn't make you a diner, unless you eat some of what's on that plate. Being here in America doesn't make you an American. Being born here in America doesn't make you an American. Why, if birth made you American, you wouldn't need any legislation; you wouldn't need any amendments to the Constitution; you wouldn't be faced with civil-rights filibustering in Washington, D.C., right now. They don't have to pass civil-rights legislation to make a Polack an American.

No, I'm not an American. I'm one of the 22 million black people who are the victims of Americanism. One of the 22 million black people who are the victims of democracy, nothing but disguised hypocrisy. So, I'm not standing here speaking to you as an American, or a patriot, or a flag-saluter, or a flag-waver -- no, not I. I'm speaking as a victim of this American system. And I see America through the eyes of the victim. I don't see any American dream; I see an American nightmare.

These 22 million victims are waking up. Their eyes are coming open. They're beginning to see what they used to only look at. They're becoming politically mature. They are realizing that there are new political trends from coast to coast. As they see these new political trends, it's possible for them to see that every time there's an election the races are so close that they have to have a recount. They had to recount in Massachusetts to see who was going to be governor, it was so close. It was the same way in Rhode Island, in Minnesota, and in many other parts of the country. And the same with Kennedy and Nixon when they ran for president. It was so close they had to count all over again. Well, what does this mean? It means that when white people are evenly divided, and black people have a bloc of votes of their own, it is left up to them to determine who's going to sit in the White House and who's going to be in the dog house.
lt. was the black man's vote that put the present administration in Washington, D.C. Your vote, your dumb vote, your ignorant vote, your wasted vote put in an administration in Washington, D.C., that has seen fit to pass every kind of legislation imaginable, saving you until last, then filibustering on top of that. And your and my leaders have the audacity to run around clapping their hands and talk about how much progress we're making. And what a good president we have. If he wasn't good in Texas, he sure can't be good in Washington, D.C. Because Texas is a lynch state. It is in the same breath as Mississippi, no different; only they lynch you in Texas with a Texas accent and lynch you in Mississippi with a Mississippi accent. And these Negro leaders have the audacity to go and have some coffee in the White House with a Texan, a Southern cracker -- that's all he is -- and then come out and tell you and me that he's going to be better for us because, since he's from the South, he knows how to deal with the Southerners. What kind of logic is that? Let Eastland be president, he's from the South too. He should be better able to deal with them than Johnson.

In this present administration they have in the House of Representatives 257 Democrats to only 177 Republicans. They control two-thirds of the House vote. Why can't they pass something that will help you and me? In the Senate, there are 67 senators who are of the Democratic Party. Only 33 of them are Republicans. Why, the Democrats have got the government sewed up, and you're the one who sewed it up for them. And what have they given you for it? Four years in office, and just now getting around to some civil-rights legislation. Just now, after everything else is gone, out of the way, they're going to sit down now and play with you all summer long -- the same old giant con game that they call filibuster. All those are in cahoots together. Don't you ever think they're not in cahoots together, for the man that is heading the civil-rights filibuster is a man from Georgia named Richard Russell. When Johnson became president, the first man he asked for when he got back to Washington, D.C., was "Dicky" -- that's how tight they are. That's his boy, that's his pal, that's his buddy. But they're playing that old con game. One of them makes believe he's for you, and he's got it fixed where the other one is so tight against you, he never has to keep his promise.

So it's time in 1964 to wake up. And when you see them coming up with that kind of conspiracy, let them know your eyes are open. And let them know you -- something else that's wide open too. It's got to be the ballot or the bullet. The ballot or the bullet. If you're afraid to use an expression like that, you should get on out of the country; you should get back in the cotton patch; you should get back in the alley. They get all the Negro vote, and after they get it, the Negro gets nothing in return. All they did when they got to Washington was give a few big Negroes big jobs. Those big Negroes didn't need big jobs, they already had jobs. That's camouflage, that's trickery, that's treachery, window-dressing. I'm not trying to knock out the Democrats for the Republicans. We'll get to them in a minute. But it is true; you put the Democrats first and the Democrats put you last.

Look at it the way it is. What alibis do they use, since they control Congress and the Senate? What alibi do they use when you and I ask, "Well, when are you going to keep your promise?" They blame the Dixiecrats. What is a Dixiecrat? A Democrat. A Dixiecrat is nothing but a Democrat in disguise. The titular head of the Democrats is also the head of the Dixiecrats, because the Dixiecrats are a part of the Democratic Party. The Democrats have never kicked the Dixiecrats out of the party. The Dixiecrats bolted themselves once, but the Democrats didn't put them out. Imagine, these lowdown Southern segregationists put the Northern Democrats down. But the Northern Democrats have never put the Dixiecrats down. No, look at that thing the way it is. They have got a con game going on, a political con game, and you and I are in the middle. It's time for you and me to wake up and start looking at it like it is, and trying to understand it like it is; and then we can deal with it like it is.

The Dixiecrats in Washington, D.C., control the key committees that run the government. The only reason the Dixiecrats control these committees is because they have seniority. The only reason they have seniority is because they come from states where Negroes can't vote. This is not even a government that's based on democracy. lt. is not a government that is made up of representatives of the people. Half of the people in the South can't even vote. Eastland is not even supposed to be in Washington. Half of the senators and congressmen who occupy these key positions in Washington, D.C., are there illegally, are there unconstitutionally.

I was in Washington, D.C., a week ago Thursday, when they were debating whether or not they should let the bill come onto the floor. And in the back of the room where the Senate meets, there's a huge map of the United States, and on that map it shows the location of Negroes throughout the country. And it shows that the Southern section of the country, the states that are most heavily concentrated with Negroes, are the ones that have senators and congressmen standing up filibustering and doing all other kinds of trickery to keep the Negro from being able to vote. This is pitiful. But it's not pitiful for us any longer; it's actually pitiful for the white man, because soon now, as the Negro awakens a little more and sees the vise that he's in, sees the bag that he's in, sees the real game that he's in, then the Negro's going to develop a new tactic.
These senators and congressmen actually violate the constitutional amendments that guarantee the people of that particular state or county the right to vote. And the Constitution itself has within it the machinery to expel any representative from a state where the voting rights of the people are violated. You don't even need new legislation. Any person in Congress right now, who is there from a state or a district where the voting rights of the people are violated, that particular person should be expelled from Congress. And when you expel him, you've removed one of the obstacles in the path of any real meaningful legislation in this country. In fact, when you expel them, you don't need new legislation, because they will be replaced by black representatives from counties and districts where the black man is in the majority, not in the minority.
If the black man in these Southern states had his full voting rights, the key Dixiecrats in Washington, D. C., which means the key Democrats in Washington, D.C., would lose their seats. The Democratic Party itself would lose its power. It would cease to be powerful as a party. When you see the amount of power that would be lost by the Democratic Party if it were to lose the Dixiecrat wing, or branch, or element, you can see where it's against the interests of the Democrats to give voting rights to Negroes in states where the Democrats have been in complete power and authority ever since the Civil War. You just can't belong to that Party without analyzing it.

I say again, I'm not anti-Democrat, I'm not anti-Republican, I'm not anti-anything. I'm just questioning their sincerity, and some of the strategy that they've been using on our people by promising them promises that they don't intend to keep. When you keep the Democrats in power, you're keeping the Dixiecrats in power. I doubt that my good Brother Lomax will deny that. A vote for a Democrat is a vote for a Dixiecrat. That's why, in 1964, it's time now for you and me to become more politically mature and realize what the ballot is for; what we're supposed to get when we cast a ballot; and that if we don't cast a ballot, it's going to end up in a situation where we're going to have to cast a bullet. It's either a ballot or a bullet.
In the North, they do it a different way. They have a system that's known as gerrymandering, whatever that means. It means when Negroes become too heavily concentrated in a certain area, and begin to gain too much political power, the white man comes along and changes the district lines. You may say, "Why do you keep saying white man?" Because it's the white man who does it. I haven't ever seen any Negro changing any lines. They don't let him get near the line. It's the white man who does this. And usually, it's the white man who grins at you the most, and pats you on the back, and is supposed to be your friend. He may be friendly, but he's not your friend.

So, what I'm trying to impress upon you, in essence, is this: You and I in America are faced not with a segregationist conspiracy, we're faced with a government conspiracy. Everyone who's filibustering is a senator -- that's the government. Everyone who's finagling in Washington, D.C., is a congressman -- that's the government. You don't have anybody putting blocks in your path but people who are a part of the government. The same government that you go abroad to fight for and die for is the government that is in a conspiracy to deprive you of your voting rights, deprive you of your economic opportunities, deprive you of decent housing, deprive you of decent education. You don't need to go to the employer alone, it is the government itself, the government of America, that is responsible for the oppression and exploitation and degradation of black people in this country. And you should drop it in their lap. This government has failed the Negro. This so-called democracy has failed the Negro. And all these white liberals have definitely failed the Negro.

So, where do we go from here? First, we need some friends. We need some new allies. The entire civil-rights struggle needs a new interpretation, a broader interpretation. We need to look at this civil-rights thing from another angle -- from the inside as well as from the outside. To those of us whose philosophy is black nationalism, the only way you can get involved in the civil-rights struggle is give it a new interpretation. That old interpretation excluded us. It kept us out. So, we're giving a new interpretation to the civil-rights struggle, an interpretation that will enable us to come into it, take part in it. And these handkerchief-heads who have been dillydallying and pussy footing and compromising -- we don't intend to let them pussyfoot and dillydally and compromise any longer.

How can you thank a man for giving you what's already yours? How then can you thank him for giving you only part of what's already yours? You haven't even made progress, if what's being given to you, you should have had already. That's not progress. And I love my Brother Lomax, the way he pointed out we're right back where we were in 1954. We're not even as far up as we were in 1954. We're behind where we were in 1954. There's more segregation now than there was in 1954. There's more racial animosity, more racial hatred, more racial violence today in 1964, than there was in 1954. Where is the progress?
And now you're facing a situation where the young Negro's coming up. They don't want to hear that "turn the-other-cheek" stuff, no. In Jacksonville, those were teenagers, they were throwing Molotov cocktails. Negroes have never done that before. But it shows you there's a new deal coming in. There's new thinking coming in. There's new strategy coming in. It'll be Molotov cocktails this month, hand grenades next month, and something else next month. It'll be ballots, or it'll be bullets. It'll be liberty, or it will be death. The only difference about this kind of death -- it'll be reciprocal. You know what is meant by "reciprocal"? That's one of Brother Lomax's words. I stole it from him. I don't usually deal with those big words because I don't usually deal with big people. I deal with small people. I find you can get a whole lot of small people and whip hell out of a whole lot of big people. They haven't got anything to lose, and they've got every thing to gain. And they'll let you know in a minute: "It takes two to tango; when I go, you go."
The black nationalists, those whose philosophy is black nationalism, in bringing about this new interpretation of the entire meaning of civil rights, look upon it as meaning, as Brother Lomax has pointed out, equality of opportunity. Well, we're justified in seeking civil rights, if it means equality of opportunity, because all we're doing there is trying to collect for our investment. Our mothers and fathers invested sweat and blood. Three hundred and ten years we worked in this country without a dime in return -- I mean without a dime in return. You let the white man walk around here talking about how rich this country is, but you never stop to think how it got rich so quick. It got rich because you made it rich.
You take the people who are in this audience right now. They're poor. We're all poor as individuals. Our weekly salary individually amounts to hardly anything. But if you take the salary of everyone in here collectively, it'll fill up a whole lot of baskets. It's a lot of wealth. If you can collect the wages of just these people right here for a year, you'll be rich -- richer than rich. When you look at it like that, think how rich Uncle Sam had to become, not with this handful, but millions of black people. Your and my mother and father, who didn't work an eight-hour shift, but worked from "can't see" in the morning until "can't see" at night, and worked for nothing, making the white man rich, making Uncle Sam rich. This is our investment. This is our contribution, our blood.

Not only did we give of our free labor, we gave of our blood. Every time he had a call to arms, we were the first ones in uniform. We died on every battlefield the white man had. We have made a greater sacrifice than anybody who's standing up in America today. We have made a greater contribution and have collected less. Civil rights, for those of us whose philosophy is black nationalism, means: "Give it to us now. Don't wait for next year. Give it to us yesterday, and that's not fast enough."

I might stop right here to point out one thing. Whenever you're going after something that belongs to you, anyone who's depriving you of the right to have it is a criminal. Understand that. Whenever you are going after something that is yours, you are within your legal rights to lay claim to it. And anyone who puts forth any effort to deprive you of that which is yours, is breaking the law, is a criminal. And this was pointed out by the Supreme Court decision. It outlawed segregation.

Which means segregation is against the law. Which means a segregationist is breaking the law. A segregationist is a criminal. You can't label him as anything other than that. And when you demonstrate against segregation, the law is on your side. The Supreme Court is on your side.

Now, who is it that opposes you in carrying out the law? The police department itself. With police dogs and clubs. Whenever you demonstrate against segregation, whether it is segregated education, segregated housing, or anything else, the law is on your side, and anyone who stands in the way is not the law any longer. They are breaking the law; they are not representatives of the law. Any time you demonstrate against segregation and a man has the audacity to put a police dog on you, kill that dog, kill him, I'm telling you, kill that dog. I say it, if they put me in jail tomorrow, kill that dog. Then you'll put a stop to it. Now, if these white people in here don't want to see that kind of action, get down and tell the mayor to tell the police department to pull the dogs in. That's all you have to do. If you don't do it, someone else will.
If you don't take this kind of stand, your little children will grow up and look at you and think "shame." If you don't take an uncompromising stand, I don't mean go out and get violent; but at the same time you should never be nonviolent unless you run into some nonviolence. I'm nonviolent with those who are nonviolent with me. But when you drop that violence on me, then you've made me go insane, and I'm not responsible for what I do. And that's the way every Negro should get. Any time you know you're within the law, within your legal rights, within your moral rights, in accord with justice, then die for what you believe in. But don't die alone. Let your dying be reciprocal. This is what is meant by equality. What's good for the goose is good for the gander.

When we begin to get in this area, we need new friends, we need new allies. We need to expand the civil-rights struggle to a higher level -- to the level of human rights. Whenever you are in a civil-rights struggle, whether you know it or not, you are confining yourself to the jurisdiction of Uncle Sam. No one from the outside world can speak out in your behalf as long as your struggle is a civil-rights struggle. Civil rights comes within the domestic affairs of this country. All of our African brothers and our Asian brothers and our Latin-American brothers cannot open their mouths and interfere in the domestic affairs of the United States. And as long as it's civil rights, this comes under the jurisdiction of Uncle Sam.

But the United Nations has what's known as the charter of human rights; it has a committee that deals in human rights. You may wonder why all of the atrocities that have been committed in Africa and in Hungary and in Asia, and in Latin America are brought before the UN, and the Negro problem is never brought before the UN. This is part of the conspiracy. This old, tricky blue eyed liberal who is supposed to be your and my friend, supposed to be in our corner, supposed to be subsidizing our struggle, and supposed to be acting in the capacity of an adviser, never tells you anything about human rights. They keep you wrapped up in civil rights. And you spend so much time barking up the civil-rights tree, you don't even know there's a human-rights tree on the same floor.
When you expand the civil-rights struggle to the level of human rights, you can then take the case of the black man in this country before the nations in the UN. You can take it before the General Assembly. You can take Uncle Sam before a world court. But the only level you can do it on is the level of human rights. Civil rights keeps you under his restrictions, under his jurisdiction. Civil rights keeps you in his pocket. Civil rights means you're asking Uncle Sam to treat you right. Human rights are something you were born with. Human rights are your God-given rights. Human rights are the rights that are recognized by all nations of this earth. And any time any one violates your human rights, you can take them to the world court.

Uncle Sam's hands are dripping with blood, dripping with the blood of the black man in this country. He's the earth's number-one hypocrite. He has the audacity -- yes, he has -- imagine him posing as the leader of the free world. The free world! And you over here singing "We Shall Overcome." Expand the civil-rights struggle to the level of human rights. Take it into the United Nations, where our African brothers can throw their weight on our side, where our Asian brothers can throw their weight on our side, where our Latin-American brothers can throw their weight on our side, and where 800 million Chinamen are sitting there waiting to throw their weight on our side.

Let the world know how bloody his hands are. Let the world know the hypocrisy that's practiced over here. Let it be the ballot or the bullet. Let him know that it must be the ballot or the bullet.
When you take your case to Washington, D.C., you're taking it to the criminal who's responsible; it's like running from the wolf to the fox. They're all in cahoots together. They all work political chicanery and make you look like a chump before the eyes of the world. Here you are walking around in America, getting ready to be drafted and sent abroad, like a tin soldier, and when you get over there, people ask you what are you fighting for, and you have to stick your tongue in your cheek. No, take Uncle Sam to court, take him before the world.

By ballot I only mean freedom. Don't you know -- I disagree with Lomax on this issue -- that the ballot is more important than the dollar? Can I prove it? Yes. Look in the UN. There are poor nations in the UN; yet those poor nations can get together with their voting power and keep the rich nations from making a move. They have one nation -- one vote, everyone has an equal vote. And when those brothers from Asia, and Africa and the darker parts of this earth get together, their voting power is sufficient to hold Sam in check. Or Russia in check. Or some other section of the earth in check. So, the ballot is most important.

Right now, in this country, if you and I, 22 million African-Americans -- that's what we are -- Africans who are in America. You're nothing but Africans. Nothing but Africans. In fact, you'd get farther calling yourself African instead of Negro. Africans don't catch hell. You're the only one catching hell. They don't have to pass civil-rights bills for Africans. An African can go anywhere he wants right now. All you've got to do is tie your head up. That's right, go anywhere you want. Just stop being a Negro. Change your name to Hoogagagooba. That'll show you how silly the white man is. You're dealing with a silly man. A friend of mine who's very dark put a turban on his head and went into a restaurant in Atlanta before they called themselves desegregated. He went into a white restaurant, he sat down, they served him, and he said, "What would happen if a Negro came in here? And there he's sitting, black as night, but because he had his head wrapped up the waitress looked back at him and says, "Why, there wouldn't no nigger dare come in here."
So, you're dealing with a man whose bias and prejudice are making him lose his mind, his intelligence, every day. He's frightened. He looks around and sees what's taking place on this earth, and he sees that the pendulum of time is swinging in your direction. The dark people are waking up. They're losing their fear of the white man. No place where he's fighting right now is he winning. Everywhere he's fighting, he's fighting someone your and my complexion. And they're beating him. He can't win any more. He's won his last battle. He failed to win the Korean War. He couldn't win it. He had to sign a truce. That's a loss.
Any time Uncle Sam, with all his machinery for warfare, is held to a draw by some rice eaters, he's lost the battle. He had to sign a truce. America's not supposed to sign a truce. She's supposed to be bad. But she's not bad any more. She's bad as long as she can use her hydrogen bomb, but she can't use hers for fear Russia might use hers. Russia can't use hers, for fear that Sam might use his. So, both of them are weapon-less. They can't use the weapon because each's weapon nullifies the other's. So the only place where action can take place is on the ground. And the white man can't win another war fighting on the ground. Those days are over The black man knows it, the brown man knows it, the red man knows it, and the yellow man knows it. So they engage him in guerrilla warfare. That's not his style. You've got to have heart to be a guerrilla warrior, and he hasn't got any heart. I'm telling you now.

I just want to give you a little briefing on guerrilla warfare because, before you know it, before you know it. It takes heart to be a guerrilla warrior because you're on your own. In conventional warfare you have tanks and a whole lot of other people with you to back you up -- planes over your head and all that kind of stuff. But a guerrilla is on his own. All you have is a rifle, some sneakers and a bowl of rice, and that's all you need -- and a lot of heart. The Japanese on some of those islands in the Pacific, when the American soldiers landed, one Japanese sometimes could hold the whole army off. He'd just wait until the sun went down, and when the sun went down they were all equal. He would take his little blade and slip from bush to bush, and from American to American. The white soldiers couldn't cope with that. Whenever you see a white soldier that fought in the Pacific, he has the shakes, he has a nervous condition, because they scared him to death.
The same thing happened to the French up in French Indochina. People who just a few years previously were rice farmers got together and ran the heavily-mechanized French army out of Indochina. You don't need it -- modern warfare today won't work. This is the day of the guerrilla. They did the same thing in Algeria. Algerians, who were nothing but Bedouins, took a rine and sneaked off to the hills, and de Gaulle and all of his highfalutin' war machinery couldn't defeat those guerrillas. Nowhere on this earth does the white man win in a guerrilla warfare. It's not his speed. Just as guerrilla warfare is prevailing in Asia and in parts of Africa and in parts of Latin America, you've got to be mighty naive, or you've got to play the black man cheap, if you don't think some day he's going to wake up and find that it's got to be the ballot or the bullet.

l would like to say, in closing, a few things concerning the Muslim Mosque, Inc., which we established recently in New York City. It's true we're Muslims and our religion is Islam, but we don't mix our religion with our politics and our economics and our social and civil activities -- not any more We keep our religion in our mosque. After our religious services are over, then as Muslims we become involved in political action, economic action and social and civic action. We become involved with anybody, any where, any time and in any manner that's designed to eliminate the evils, the political, economic and social evils that are afflicting the people of our community.

The political philosophy of black nationalism means that the black man should control the politics and the politicians in his own community; no more. The black man in the black community has to be re-educated into the science of politics so he will know what politics is supposed to bring him in return. Don't be throwing out any ballots. A ballot is like a bullet. You don't throw your ballots until you see a target, and if that target is not within your reach, keep your ballot in your pocket.

The political philosophy of black nationalism is being taught in the Christian church. It's being taught in the NAACP. It's being taught in CORE meetings. It's being taught in SNCC Student Nonviolent Coordinating Committee meetings. It's being taught in Muslim meetings. It's being taught where nothing but atheists and agnostics come together. It's being taught everywhere. Black people are fed up with the dillydallying, pussyfooting, compromising approach that we've been using toward getting our freedom. We want freedom now, but we're not going to get it saying "We Shall Overcome." We've got to fight until we overcome.
The economic philosophy of black nationalism is pure and simple. It only means that we should control the economy of our community. Why should white people be running all the stores in our community? Why should white people be running the banks of our community? Why should the economy of our community be in the hands of the white man? Why? If a black man can't move his store into a white community, you tell me why a white man should move his store into a black community. The philosophy of black nationalism involves a re-education program in the black community in regards to economics. Our people have to be made to see that any time you take your dollar out of your community and spend it in a community where you don't live, the community where you live will get poorer and poorer, and the community where you spend your money will get richer and richer.

Then you wonder why where you live is always a ghetto or a slum area. And where you and I are concerned, not only do we lose it when we spend it out of the community, but the white man has got all our stores in the community tied up; so that though we spend it in the community, at sundown the man who runs the store takes it over across town somewhere. He's got us in a vise. So the economic philosophy of black nationalism means in every church, in every civic organization, in every fraternal order, it's time now for our people to be come conscious of the importance of controlling the economy of our community. If we own the stores, if we operate the businesses, if we try and establish some industry in our own community, then we're developing to the position where we are creating employment for our own kind. Once you gain control of the economy of your own community, then you don't have to picket and boycott and beg some cracker downtown for a job in his business.

The social philosophy of black nationalism only means that we have to get together and remove the evils, the vices, alcoholism, drug addiction, and other evils that are destroying the moral fiber of our community. We our selves have to lift the level of our community, the standard of our community to a higher level, make our own society beautiful so that we will be satisfied in our own social circles and won't be running around here trying to knock our way into a social circle where we're not wanted. So I say, in spreading a gospel such as black nationalism, it is not designed to make the black man re-evaluate the white man -- you know him already -- but to make the black man re-evaluate himself. Don't change the white man's mind -- you can't change his mind, and that whole thing about appealing to the moral conscience of America -- America's conscience is bankrupt. She lost all conscience a long time ago. Uncle Sam has no conscience.
They don't know what morals are. They don't try and eliminate an evil because it's evil, or because it's illegal, or because it's immoral; they eliminate it only when it threatens their existence. So you're wasting your time appealing to the moral conscience of a bankrupt man like Uncle Sam. If he had a conscience, he'd straighten this thing out with no more pressure being put upon him. So it is not necessary to change the white man's mind. We have to change our own mind. You can't change his mind about us. We've got to change our own minds about each other. We have to see each other with new eyes. We have to see each other as brothers and sisters. We have to come together with warmth so we can develop unity and harmony that's necessary to get this problem solved ourselves. How can we do this? How can we avoid jealousy? How can we avoid the suspicion and the divisions that exist in the community? I'll tell you how.
I have watched how Billy Graham comes into a city, spreading what he calls the gospel of Christ, which is only white nationalism. That's what he is. Billy Graham is a white nationalist; I'm a black nationalist. But since it's the natural tendency for leaders to be jealous and look upon a powerful figure like Graham with suspicion and envy, how is it possible for him to come into a city and get all the cooperation of the church leaders? Don't think because they're church leaders that they don't have weaknesses that make them envious and jealous -- no, everybody's got it. It's not an accident that when they want to choose a cardinal, as Pope I over there in Rome, they get in a closet so you can't hear them cussing and fighting and carrying on.
Billy Graham comes in preaching the gospel of Christ. He evangelizes the gospel. He stirs everybody up, but he never tries to start a church. If he came in trying to start a church, all the churches would be against him. So, he just comes in talking about Christ and tells everybody who gets Christ to go to any church where Christ is; and in this way the church cooperates with him. So we're going to take a page from his book.

Our gospel is black nationalism. We're not trying to threaten the existence of any organization, but we're spreading the gospel of black nationalism. Anywhere there's a church that is also preaching and practicing the gospel of black nationalism, join that church. If the NAACP is preaching and practicing the gospel of black nationalism, join the NAACP. If CORE is spreading and practicing the gospel of black nationalism, join CORE. Join any organization that has a gospel that's for the uplift of the black man. And when you get into it and see them pussyfooting or compromising, pull out of it because that's not black nationalism. We'll find another one.
And in this manner, the organizations will increase in number and in quantity and in quality, and by August, it is then our intention to have a black nationalist convention which will consist of delegates from all over the country who are interested in the political, economic and social philosophy of black nationalism. After these delegates convene, we will hold a seminar; we will hold discussions; we will listen to everyone. We want to hear new ideas and new solutions and new answers. And at that time, if we see fit then to form a black nationalist party, we'll form a black nationalist party. If it's necessary to form a black nationalist army, we'll form a black nationalist army. It'll be the ballot or the bullet. It'll be liberty or it'll be death.

It's time for you and me to stop sitting in this country, letting some cracker senators, Northern crackers and Southern crackers, sit there in Washington, D.C., and come to a conclusion in their mind that you and I are supposed to have civil rights. There's no white man going to tell me anything about my rights. Brothers and sisters, always remember, if it doesn't take senators and congressmen and presidential proclamations to give freedom to the white man, it is not necessary for legislation or proclamation or Supreme Court decisions to give freedom to the black man. You let that white man know, if this is a country of freedom, let it be a country of freedom; and if it's not a country of freedom, change it.

We will work with anybody, anywhere, at any time, who is genuinely interested in tackling the problem head-on, nonviolently as long as the enemy is nonviolent, but violent when the enemy gets violent. We'll work with you on the voter-registration drive, we'll work with you on rent strikes, we'll work with you on school boycotts; I don't believe in any kind of integration; I'm not even worried about it, because I know you're not going to get it anyway; you're not going to get it because you're afraid to die; you've got to be ready to die if you try and force yourself on the white man, because he'll get just as violent as those crackers in Mississippi, right here in Cleveland. But we will still work with you on the school boycotts be cause we're against a segregated school system. A segregated school system produces children who, when they graduate, graduate with crippled minds. But this does not mean that a school is segregated because it's all black. A segregated school means a school that is controlled by people who have no real interest in it whatsoever.

Let me explain what I mean. A segregated district or community is a community in which people live, but outsiders control the politics and the economy of that community. They never refer to the white section as a segregated community. It's the all-Negro section that's a segregated community. Why? The white man controls his own school, his own bank, his own economy, his own politics, his own everything, his own community; but he also controls yours. When you're under someone else's control, you're segregated. They'll always give you the lowest or the worst that there is to offer, but it doesn't mean you're segregated just because you have your own. You've got to control your own. Just like the white man has control of his, you need to control yours.

You know the best way to get rid of segregation? The white man is more afraid of separation than he is of integration. Segregation means that he puts you away from him, but not far enough for you to be out of his jurisdiction; separation means you're gone. And the white man will integrate faster than he'll let you separate. So we will work with you against the segregated school system because it's criminal, because it is absolutely destructive, in every way imaginable, to the minds of the children who have to be exposed to that type of crippling education.

Last but not least, I must say this concerning the great controversy over rifles and shotguns. The only thing that I've ever said is that in areas where the government has proven itself either unwilling or unable to defend the lives and the property of Negroes, it's time for Negroes to defend themselves. Article number two of the constitutional amendments provides you and me the right to own a rifle or a shotgun. It is constitutionally legal to own a shotgun or a rifle. This doesn't mean you're going to get a rifle and form battalions and go out looking for white folks, although you'd be within your rights -- I mean, you'd be justified; but that would be illegal and we don't do anything illegal. If the white man doesn't want the black man buying rifles and shotguns, then let the government do its job.

That's all. And don't let the white man come to you and ask you what you think about what Malcolm says -- why, you old Uncle Tom. He would never ask you if he thought you were going to say, "Amen!" No, he is making a Tom out of you." So, this doesn't mean forming rifle clubs and going out looking for people, but it is time, in 1964, if you are a man, to let that man know. If he's not going to do his job in running the government and providing you and me with the protection that our taxes are supposed to be for, since he spends all those billions for his defense budget, he certainly can't begrudge you and me spending $12 or $15 for a single-shot, or double-action. I hope you understand. Don't go out shooting people, but any time -- brothers and sisters, and especially the men in this audience; some of you wearing Congressional Medals of Honor, with shoulders this wide, chests this big, muscles that big -- any time you and I sit around and read where they bomb a church and murder in cold blood, not some grownups, but four little girls while they were praying to the same God the white man taught them to pray to, and you and I see the government go down and can't find who did it.
Why, this man -- he can find Eichmann hiding down in Argentina somewhere. Let two or three American soldiers, who are minding somebody else's business way over in South Vietnam, get killed, and he'll send battleships, sticking his nose in their business. He wanted to send troops down to Cuba and make them have what he calls free elections -- this old cracker who doesn't have free elections in his own country.
No, if you never see me another time in your life, if I die in the morning, I'll die saying one thing: the ballot or the bullet, the ballot or the bullet.

If a Negro in 1964 has to sit around and wait for some cracker senator to filibuster when it comes to the rights of black people, why, you and I should hang our heads in shame. You talk about a march on Washington in 1963, you haven't seen anything. There's some more going down in '64.
And this time they're not going like they went last year. They're not going singing ''We Shall Overcome." They're not going with white friends. They're not going with placards already painted for them. They're not going with round-trip tickets. They're going with one way tickets. And if they don't want that non-nonviolent army going down there, tell them to bring the filibuster to a halt.
The black nationalists aren't going to wait. Lyndon B. Johnson is the head of the Democratic Party. If he's for civil rights, let him go into the Senate next week and declare himself. Let him go in there right now and declare himself. Let him go in there and denounce the Southern branch of his party. Let him go in there right now and take a moral stand -- right now, not later. Tell him, don't wait until election time. If he waits too long, brothers and sisters, he will be responsible for letting a condition develop in this country which will create a climate that will bring seeds up out of the ground with vegetation on the end of them looking like something these people never dreamed of. In 1964, it's the ballot or the bullet.
Thank you.


































“Letter From Birmingham Jail”
April 16, 1963


While confined here in the Birmingham City Jail, I came across your recent statement calling my present activities "unwise and untimely." Seldom do I pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for anything other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine goodwill and that your criticisms are sincerely set forth, I want to try to answer your statements in what I hope will be patient and reasonable terms.

I think I should indicate why I am here in Birmingham, since you have been influenced by the view which argues against "outsiders coming in." I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every Southern state, with headquarters in Atlanta, Georgia. We have some eighty-five affiliated organizations across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial resources with our affiliates. Several months ago the affiliate here in Birmingham asked us to be on call to engage in a nonviolent direct-action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here. I am here because I have organizational ties here.

But more basically, I am in Birmingham because injustice is here. Just as the prophets of the eighth century B.C. left their villages and carried their "thus saith the Lord" far beyond the boundaries of their home towns: and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of of the Greco-Roman world, so am I compelled to carry the gospel of freedom far beyond my own hometown. Like Paul, I must constantly respond to the Macedonian call for aid.
Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial "outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.

You deplore the demonstrations taking place in Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city's white power structure left the Negro community with no alternative.

In any nonviolent campaign there are four basic steps: collection of the facts to determine whether injustices exist; negotiation; self-purification; and direct action. We have gone through all of these steps in Birmingham. There can be no gainsaying the fact that racial injustice engulfs this community. Birmingham is probably the most thoroughly segregated city in the United States. Its ugly record of brutality is widely known. Negroes have experienced grossly unjust treatment in the courts. There have been more unsolved bombings of Negro homes and churches in Birmingham than in any other city in the nation. These are the hard, brutal facts of the case. On the basis of these conditions, Negro leaders sought to negotiate with the city fathers. But the latter consistently refused to engage in good-faith negotiation.

Then, last September, came the opportunity to talk with leaders of Birmingham's economic community. In the course of the negotiations, certain promises were made by the merchants–for example, to remove the stores' humiliating racial signs.On the basis of these promises, the Reverend Fred Shuttlesworth and the leaders of the Alabama Christian Movement for Human Rights agreed to a moratorium on all demonstrations. As the weeks and months went by, we realized that we were the victims of a broken promise. A few signs, briefly removed, returned; the others remained.
As in so many past experiences, our hopes had been blasted, and the shadow of deep disappointment settled upon us. We had no alternative except to prepare for direct action, whereby we would present our very bodies as a means of laying our case before the conscience of the local and the national community. Mindful of the difficulties involved, we decided to undertake a process of self-purification. We began a series of workshops on nonviolence, and we repeatedly asked ourselves: "Are you able to accept blows without retaliating?" "Are you able to endure the ordeal of jail?" We decided to schedule our direct-action program for the Easter season, realizing that except for Christmas, this is the main shopping period of the year. Knowing that a strong economic-withdrawal program would be the by-product of direct action, we felt that this would be the best time to bring pressure to bear on the merchants for the needed change.
Then it occurred to us that Birmingham's mayoralty election was coming up in March, and we speedily decided to postpone action until after election day. When we discovered that the Commissioner of Police Safety, Eugene "Bull" Connor, had piled up enough votes to be in the run-off, we decided again to postpone action until the day after the run-off so that the demonstrations could not be used to cloud the issues. Like many others, we waited to see Mr. Connor defeated, and to this end we endured postponement after postponement. Having aided in this community need, we felt that our direct-action program could be delayed no longer.

You may well ask: "Why direct action? Why sit-ins, marches and so forth? Isn't negotiation a better path?" You are quite right in calling for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks to so dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent-resister may sound rather shocking. But I must confess that I am not afraid of the word "tension." I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, so must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood.
The purpose of our direct-action program is to create a situation so crisis-packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.

One of the basic points in your statement is that the action that I and my associates have taken in Birmingham is untimely. Some have asked: "Why didn't you give the new city administration time to act?" The only answer that I can give to this query is that the new Birmingham administration must be prodded about as much as the outgoing one, before it will act. We are sadly mistaken if we feel that the election of Albert Boutwell as mayor will bring the millennium to Birmingham. While Mr. Boutwell is a much more gentle person than Mr. Connor, they are both segregationists, dedicated to maintenance of the status quo. I have hope that Mr. Boutwell will be reasonable enough to see the futility of massive resistance to desegregation. But he will not see this without pressure from devotees of civil rights. My friends, I must say to you that we have not made a single gain in civil rights without determined legal and nonviolent pressure. Lamentably, it is an historical fact that privileged groups seldom give up their privileges voluntarily. Individuals may see the moral light and voluntarily give up their unjust posture; but, as Reinhold Niebuhr has reminded us, groups tend to be more immoral than individuals.

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct-action campaign that was "well timed" in the view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word "Wait!" It rings in the ear of every Negro with piercing familiarity. This "Wait" has almost always meant "Never." We must come to see, with one of our distinguished jurists, that "justice too long delayed is justice denied."

We have waited for more than 340 years for our constitutional and God-given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we stiff creep at horse-and-buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of segregation to say, "Wait." But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate-filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six-year-old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five-year-old son who is asking: "Daddy, why do white people treat colored people so mean?"; when you take a cross-country drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading "white" and "colored"; when your first name becomes "nigger," your middle name becomes "boy" (however old you are) and your last name becomes "John," and your wife and mother are never given the respected title "Mrs."; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you go forever fighting a degenerating sense of "nobodiness"–then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience.

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court's decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all."
Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. Segregation, to use the terminology of the Jewish philosopher Martin Buber, substitutes an "I-it" relationship for an "I-thou" relationship and ends up relegating persons to the status of things. Hence segregation is not only politically, economically and sociologically unsound, it is morally wrong and awful. Paul Tillich has said that sin is separation. Is not segregation an existential expression of man's tragic separation, his awful estrangement, his terrible sinfulness? Thus it is that I can urge men to obey the 1954 decision of the Supreme Court, for it is morally right; and I can urge them to disobey segregation ordinances, for they are morally wrong.

Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal.

Let me give another explanation. A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?
Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First Amendment privilege of peaceful assembly and protest.
I hope you are able to see the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust. and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.

Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.
We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws.
I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in his stride toward freedom is not the White Citizen's Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to "order" than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: "I agree with you in the goal you seek, but I cannot agree with your methods of direct action"; who paternalistically believes he can set the timetable for another man's freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a "more convenient season." Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.

I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fail in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would understand that the present tension in the South is a necessary phase of the transition from an obnoxious negative peace, in which the Negro passively accepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with allits ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.

In your statement you assert that our actions, even though peaceful, must be condemned because they precipitate violence. But is this a logical assertion? Isn't this like condemning a robbed man because his possession of money precipitated the evil act of robbery? Isn't this like condemning Socrates because his unswerving commitment to truth and his philosophical inquiries precipitated the act by the misguided populace in which they made him drink hemlock? Isn't this like condemning Jesus because his unique God-consciousness and never-ceasing devotion to God's will precipitated the evil act of crucifixion? We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence. Society must protect the robbed and punish the robber.

I had also hoped that the white moderate would reject the myth concerning time in relation to the struggle for freedom. I have just received a letter from a white brother in Texas. He writes: "All Christians know that the colored people will receive equal rights eventually, but it is possible that you are in too great a religious hurry. It has taken Christianity almost two thousand years to accomplish what it has. The teachings of Christ take time to come to earth." Such an attitude stems from a tragic misconception of time, from the strangely rational notion that there is something in the very flow of time that will inevitably cure all ills. Actually, time itself is neutral; it can be used either destructively or constructively. More and more I feel that the people of ill will have used time much more effectively than have the people of good will. We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co-workers with God, and without this hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively, in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democracy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy from the quicksand of racial injustice to the solid rock of human dignity.

You speak of our activity in Birmingham as extreme. At first I was rather disappointed that fellow clergymen would see my nonviolent efforts as those of an extremist. I began thinking about the fact that I stand in the middle of two opposing forces in the Negro community. One is a force of complacency, made up in part of Negroes who, as a result of long years of oppression, are so drained of self-respect and a sense of "somebodiness" that they have adjusted to segregation; and in part of a few middle class Negroes who, because of a degree of academic and economic security and because in some ways they profit by segregation, have become insensitive to the problems of the masses. The other force is one of bitterness and hatred, and it comes perilously close to advocating violence. It is expressed in the various black nationalist groups that are springing up across the nation, the largest and best-known being Elijah Muhammad's Muslim movement. Nourished by the Negro's frustration over the continued existence of racial discrimination, this movement is made up of people who have lost faith in America, who have absolutely repudiated Christianity, and who have concluded that the white man is an incorrigible "devil."
I have tried to stand between these two forces, saying that we need emulate neither the "do-nothingism" of the complacent nor the hatred and despair of the black nationalist. For there is the more excellent way of love and nonviolent protest. I am grateful to God that, through the influence of the Negro church, the way of nonviolence became an integral part of our struggle.

If this philosophy had not emerged, by now many streets of the South would, I am convinced, be flowing with blood. And I am further convinced that if our white brothers dismiss as "rabble-rousers" and "outside agitators" those of us who employ nonviolent direct action, and if they refuse to support our nonviolent efforts, millions of Negroes will, out of frustration and despair, seek solace and security in black-nationalist ideologies–a development that would inevitably lead to a frightening racial nightmare.
Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him of his birthright of freedom, and something without has reminded him that it can be gained. Consciously or unconsciously, he has been caught up by the Zeitgeist, and with his black brothers of Africa and his brown and yellow brothers of Asia, South America and the Caribbean, the United States Negro is moving with a sense of great urgency toward the promised land of racial justice. If one recognizes this vital urge that has engulfed the Negro community, one should readily understand why public demonstrations are taking place. The Negro has many pent-up resentments and latent frustrations, and he must release them. So let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides–and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history. So I have not said to my people: "Get rid of your discontent." Rather, I have tried to say that this normal and healthy discontent can be channeled into the creative outlet of nonviolent direct action. And now this approach is being termed extremist.
But though I was initially disappointed at being categorized as an extremist, as I continued to think about the matter I gradually gained a measure of satisfaction from the label. Was not Jesus an extremist for love: "Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you." Was not Amos an extremist for justice: "Let justice roll down like waters and righteousness like an ever-flowing stream." Was not Paul an extremist for the Christian gospel: "I bear in my body the marks of the Lord Jesus." Was not Martin Luther an extremist: "Here I stand; I cannot do otherwise, so help me God." And John Bunyan: "I will stay in jail to the end of my days before I make a butchery of my conscience." And Abraham Lincoln: "This nation cannot survive half slave and half free." And Thomas Jefferson: "We hold these truths to be self-evident, that all men are created equal ..." So the question is not whether we will be extremists, but what kind of extremists we will be. Will we be extremists for hate or for love? Will we be extremists for the preservation of injustice or for the extension of justice? In that dramatic scene on Calvary's hill three men were crucified. We must never forget that all three were crucified for the same crime–the crime of extremism. Two were extremists for immorality, and thus fell below their environment. The other, Jesus Christ, was an extremist for love, truth and goodness, and thereby rose above his environment. Perhaps the South, the nation and the world are in dire need of creative extremists.

I had hoped that the white moderate would see this need. Perhaps I was too optimistic; perhaps I expected too much. I suppose I should have realized that few members of the oppressor race can understand the deep groans and passionate yearnings of the oppressed race, and still fewer have the vision to see that injustice must be rooted out by strong, persistent and determined action. I am thankful, however, that some of our white brothers in the South have grasped the meaning of this social revolution and committed themselves to it. They are still too few in quantity, but they are big in quality. Some–such as Ralph McGill, Lillian Smith, Harry Golden, James McBride Dabbs, Ann Braden and Sarah Patton Boyle–have written about our struggle in eloquent and prophetic terms. Others have marched with us down nameless streets of the South. They have languished in filthy, roach-infested jails, suffering the abuse and brutality of policemen who view them as "dirty nigger-lovers." Unlike so many of their moderate brothers and sisters, they have recognized the urgency of the moment and sensed the need for powerful "action" antidotes to combat the disease of segregation.

Let me take note of my other major disappointment. I have been so greatly disappointed with the white church and its leadership. Of course, there are some notable exceptions. I am not unmindful of the fact that each of you has taken some significant stands on this issue. I commend you, Reverend Stallings, for your Christian stand on this past Sunday, in welcoming Negroes to your worship service on a nonsegregated basis. I commend the Catholic leaders of this state for integrating Spring Hill College several years ago.
But despite these notable exceptions, I must honestly reiterate that I have been disappointed with the church. I do not say this as one of those negative critics who can always find something wrong with the church. I say this as a minister of the gospel, who loves the church; who was nurtured in its bosom; who has been sustained by its spiritual blessings and who will remain true to it as long as the cord of life shall lengthen.

When I was suddenly catapulted into the leadership of the bus protest in Montgomery, Alabama, a few years ago, I felt we would be supported by the white church. I felt that the white ministers, priests and rabbis of the South would be among our strongest allies. Instead, some have been outright opponents, refusing to understand the freedom movement and misrepresenting its leaders; all too many others have been more cautious than courageous and have remained silent behind the anesthetizing security of stained-glass windows.

In spite of my shattered dreams, I came to Birmingham with the hope that the white religious leadership of this community would see the justice of our cause and, with deep moral concern, would serve as the channel through which our just grievances could reach the power structure. I had hoped that each of you would understand. But again I have been disappointed.
I have heard numerous southern religious leaders admonish their worshipers to comply with a desegregation decision because it is the law, but I have longed to hear white ministers declare: "Follow this decree because integration is morally right and because the Negro is your brother." In the midst of blatant injustices inflicted upon the Negro, I have watched white churchmen stand on the sideline and mouth pious irrelevancies and sanctimonious trivialities. In the midst of a mighty struggle to rid our nation of racial and economic injustice, I have heard many ministers say: "Those are social issues, with which the gospel has no real concern." And I have watched many churches commit themselves to a completely otherworldly religion which makes a strange, un-Biblical distinction between body and soul, between the sacred and the secular.

I have traveled the length and breadth of Alabama, Mississippi and all the other southern states. On sweltering summer days and crisp autumn mornings I have looked at the South's beautiful churches with their lofty spires pointing heavenward. I have beheld the impressive outlines of her massive religious-education buildings. Over and over I have found myself asking: "What kind of people worship here? Who is their God? Where were their voices when the lips of Governor Barnett dripped with words of interposition and nullification? Where were they when Governor Wallace gave a clarion call for defiance and hatred? Where were their voices of support when bruised and weary Negro men and women decided to rise from the dark dungeons of complacency to the bright hills of creative protest?"
Yes, these questions are still in my mind. In deep disappointment I have wept over the laxity of the church. But be assured that my tears have been tears of love. There can be no deep disappointment where there is not deep love. Yes, I love the church. How could I do otherwise? l am in the rather unique position of being the son, the grandson and the great-grandson of preachers. Yes, I see the church as the body of Christ. But, oh! How we have blemished and scarred that body through social neglect and through fear of being nonconformists.

There was a time when the church was very powerful–in the time when the early Christians rejoiced at being deemed worthy to suffer for what they believed. In those days the church was not merely a thermometer that recorded the ideas and principles of popular opinion; it was a thermostat that transformed the mores of society. Whenever the early Christians entered a town, the people in power became disturbed and immediately sought to convict the Christians for being "disturbers of the peace" and "outside agitators." But the Christians pressed on, in the conviction that they were "a colony of heaven," called to obey God rather than man. Small in number, they were big in commitment. They were too God intoxicated to be "astronomically intimidated." By their effort and example they brought an end to such ancient evils as infanticide and gladiatorial contests.

Things are different now. So often the contemporary church is a weak, ineffectual voice with an uncertain sound. So often it is an archdefender of the status quo. Far from being disturbed by the presence of the church, the power structure of the average community is consoled by the church's silent–and often even vocal–sanction of things as they are.

But the judgment of God is upon the church as never before. If today's church does not recapture the sacrificial spirit of the early church, it will lose its authenticity, forfeit the loyalty of millions, and be dismissed as an irrelevant social club with no meaning for the twentieth century. Every day I meet young people whose disappointment with the church has turned into outright disgust.
Perhaps I have once again been too optimistic. Is organized religion too inextricably bound to the status quo to save our nation and the world? Perhaps I must turn my faith to the inner spiritual church, the church within the church, as the true ekklesia and the hope of the world. But again I am thankful to God that some noble souls from the ranks of organized religion have broken loose from the paralyzing chains of conformity and joined us as active partners in the struggle for freedom, They have left their secure congregations and walked the streets of Albany, Georgia, with us. They have gone down the highways of the South on tortuous rides for freedom. Yes, they have gone to jail with us. Some have been dismissed from their churches, have lost the support of their bishops and fellow ministers. But they have acted in the faith that right defeated is stronger than evil triumphant. Their witness has been the spiritual salt that has preserved the true meaning of the gospel in these troubled times. They have carved a tunnel of hope through the dark mountain of disappointment.

I hope the church as a whole will meet the challenge of this decisive hour. But even if the church does not come to the aid of justice, I have no despair about the future. I have no fear about the outcome of our struggle in Birmingham, even if our motives are at present misunderstood. We will reach the goal of freedom in Birmingham and all over the nation, because the goal of America is freedom. Abused and scorned though we may be, our destiny is tied up with America's destiny. Before the pilgrims landed at Plymouth, we were here. Before the pen of Jefferson etched the majestic words of the Declaration of Independence across the pages of history, we were here. For more than two centuries our forebears labored in this country without wages; they made cotton king; they built the homes of their masters while suffering gross injustice and shameful humiliation–and yet out of a bottomless vitality they continued to thrive and develop. If the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail. We will win our freedom because the sacred heritage of our nation and the eternal will of God are embodied in our echoing demands.
Before closing I feel impelled to mention one other point in your statement that has troubled me profoundly. You warmly commended the Birmingham police force for keeping "order" and "preventing violence." I doubt that you would have so warmly commended the police force if you had seen its dogs sinking their teeth into unarmed, nonviolent Negroes. I doubt that you would so quickly commend the policemen if you were to observe their ugly and inhumane treatment of Negroes here in the city jail; if you were to watch them push and curse old Negro women and young Negro girls; if you were to see them slap and kick old Negro men and young boys; if you were to observe them, as they did on two occasions, refuse to give us food because we wanted to sing our grace together. I cannot join you in your praise of the Birmingham police department.

It is true that the police have exercised a degree of discipline in handing the demonstrators. In this sense they have conducted themselves rather "nonviolently" in public. But for what purpose? To preserve the evil system of segregation. Over the past few years I have consistently preached that nonviolence demands that the means we use must be as pure as the ends we seek. I have tried to make clear that it is wrong to use immoral means to attain moral ends. But now I must affirm that it is just as wrong, or perhaps even more so, to use moral means to preserve immoral ends. Perhaps Mr. Connor and his policemen have been rather nonviolent in public, as was Chief Pritchett in Albany, Georgia, but they have used the moral means of nonviolence to maintain the immoral end of racial injustice. As T. S. Eliot has said: "The last temptation is the greatest treason: To do the right deed for the wrong reason."

I wish you had commended the Negro sit-inners and demonstrators of Birmingham for their sublime courage, their willingness to suffer and their amazing discipline in the midst of great provocation. One day the South will recognize its real heroes. There will be the James Merediths, with the noble sense of purpose that enables them to face jeering and hostile mobs, and with the agonizing loneliness that characterizes the life of the pioneer. There will be the old, oppressed, battered Negro women, symbolized in a seventy-two-year-old woman in Montgomery, Alabama, who rose up with a sense of dignity and with her people decided not to ride segregated buses, and who responded with ungrammatical profundity to one who inquired about her weariness: "My feets is tired, but my soul is at rest." There will be the young high school and college students, the young ministers of the gospel and a host of their elders, courageously and nonviolently sitting in at lunch counters and willingly going to jail for conscience' sake. One day the South will know that when these disinherited children of God sat down at lunch counters, they were in reality standing up for what is best in the American dream and for the most sacred values in our Judaeo-Christian heritage, thereby bringing our nation back to those great wells of democracy which were dug deep by the founding fathers in their formulation of the Constitution and the Declaration of Independence.
Never before have I written so long a letter. I'm afraid it is much too long to take your precious time. I can assure you that it would have been much shorter if I had been writing from a comfortable desk, but what else can one do when he is alone in a narrow jail cell, other than write long letters, think long thoughts and pray long prayers?

If I have said anything in this letter that overstates the truth and indicates an unreasonable impatience, I beg you to forgive me. If I have said anything that understates the truth and indicates my having a patience that allows me to settle for anything less than brotherhood, I beg God to forgive me.
I hope this letter finds you strong in the faith. I also hope that circumstances will soon make it possible for me to meet each of you, not as an integrationist or a civil rights leader but as a fellow clergyman and a Christian brother. Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear-drenched communities, and in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

Yours for the cause of Peace and Brotherhood,
Martin Luther King, Jr.