Obama's Success Today Is Thanks to the Rule of Law

In the last battle of the American presidential election, opinion polls showed that Obama had a slight lead. Regardless of whether or not he can ultimately march into the White House, Obama, as a black candidate, successfully broke the convention of white dominance in the country. Such a breakthrough should be attributed to the strict rule of law in the America. Thanks to the never ending struggles of American intellectuals with vision, black and white, that progress in the law has been made a reality and black people’s social status has been backed by the rule of law, all of which leads to Obama’s breakthrough today.

Although the Civil War ended the miserable life of black slaves, American black people never really enjoyed equal civil rights. In the next hundred years or so, black people never ceased to fight for their rights, though still shackled by racial segregation. Apart from the efforts made by white intellectuals as well as black people themselves, the country’s strict rule of law and the well-developed legal system not only in legal terms changed the segregation that specifically targeted the black, but also changed the general public’s discrimination against coloured people.

Among the many laws that protect black people’s rights, the cases known as “Brown vs. Board of Education of Topeka” (1954) and “Cooper vs. Aaron” (1958) are indispensable in the history of the United States Constitution. Brown, a welder in a railroad shop in Topeka, Kansas, wanted his daughter Linda to go to a nearby white school. Because she was black, Linda was refused entry by the school, whose decision was supported by the Topeka Board of Education. In this case, Brown filed a lawsuit against the Board. Despite precedent laws forbidding racial segregation in Topeka, in reality it was extremely difficult to eliminate such barriers. Thus it did not come as a surprise when Brown lost the case. Later, with the efforts of the black lawyer Thurgood Marshall, this case was brought all the way up to the Supreme Court. The Supreme Court was divided over the Brown case and two years of debate were fruitless. In 1953, Warren, the former state governor of California, succeeded as the Chief Justice. Through his efforts, the Supreme Court pronounced that Brown won the case, which marked the first time that racial segregation was interpreted in the constitution as illegal.

The following case of “Cooper vs. Aaron” triggered by black students entering white schools in the capital city of Little Rock, Arkansas once again pushed the issue of racial segregation to the frontline of controversy. In 1957, a black girl in Little Rock was denied entry into school by the state governor of Arkansas, who even mobilized the National Guard to prevent black students’ entry. In order to safeguard the dignity of the law, the then American President Eisenhower sent 1,000 parachute soldiers to protect the school and escort black students to enter. Thus the resulting “Cooper vs. Aaron” case. It was a rare occasion in the Supreme Court to see nine judges reach unanimous consensus on maintaining the Court’s decision in the Brown case, thoroughly eliminating racial segregation, and upholding the authority of the Supreme Court in its interpretation of the Constitution.

Although racial segregation was pronounced as against the law, it was no easy task to enforce the court ruling. Virginia’s governor declared, “I shall use every legal means at my command to continue segregated schools in Virginia” (Lacy, 2007: 46). The statement was echoed by senators from several southern states, who pledged to overturn the Supreme Court’s decision in the Brown case. A priest was even murdered because of his support for the Brown case. Fortunately, thanks to the sound grounded rule of law and the robust powers of the federal system, assisted by further continuous civil rights movements, the United States, after more than 50 years of struggle, victoriously put an end to racial segregation. Ultimately, black people won their right to vote. Thus there is the possibility that black candidates such as Obama are able to campaign in the presidential election of the United States

The series of laws afterwards not only guaranteed black people’s rights, but also brought to them a variety of beneficial policies. For instance, a certain proportion of school entry vacancies must be preserved for black students. Regarding specific wording, “African American” must be used to refer to black people. Racial discrimination is a felony in the U.S. Under the solemnity of the law, no one dares to make public speeches that blatantly discriminate against races. Any behaviour of such a nature will be tried in federal courts. Today, under the protection of law, black people have become part of the American society. Achievements by black athletes, black statesmen, and black film stars are acknowledged and respected. Marriages between black and white people are not uncommon.

As a superpower, the United States relies on the rule of law, rather than democracy, as the source of strength. Inside the US, no one and no institution can challenge the authority of the Supreme Court. You can stand on the square in front of the Supreme Court building and walk around, but it is forbidden to sit down on the ground. Once you do that, a policeman will come and ask you to stand up, a gesture to show respect to the law and its authority. Protests against court decisions in front of any court building are illegal.

In the US, the law regulates not only the behaviour of natural and legal persons but also the power and behaviour of governments. The behaviour of central and local governments must be strictly bound by law. The rule of law maintains the separation and balance of power and guarantees the authority of the central government. Obeyance of the law, respect for the law, and enforcing the rule of law lead to a stable and powerful America. More importantly, it stimulates positive changes in human nature, which enables the black to walk out of the shadow of slavery and into the prospect of being a presidential candidate. That is why countless university students in the US give their utmost support to Obama. Of course, the Supreme Court’s decisions are not always entirely just. There have been cases where inadequate interpretation of the Constitution has led to serious consequences. However, these by no means would diminish the belief in the rule of law. Just as Shang Yang, a statesman and reformer in ancient China’s Warring Period, used to say, “previous victories should not decrease the punishment for later defeats, and previous decency should not soften the penalty for later misdeeds”.

However, the law is not the skeleton key to all problems. Some white extremists do not say it, but the racial discrimination in their heart is deeply rooted. Obama’s soaring support rate was accompanied by the lingering ghosts of extremist groups such as Neo-Nazi groups and the revived KKK in some southern states with intimidation and attempted assassination targeting Obama. By the end of October, there have been nearly 500 death threats towards Obama. The presidential candidate is now under protection of Secret Service agents, which is scarcely seen in the American history. The rule of law has to a large extent changed the American society’s view towards races, though its struggle with the belief of “white supremacy” continues. After all, it takes time for the law to take a deep root in everyone’s mind and culminate into an invincible moral power.

Reference:

Lacy, Karyn R. (2007) Blue-chip Black: Race, Class, and Status in the New Black Middle Class, University of California Press: California.