James' Honors Thesis

“Nihilism” Revisited The Impact on Traditional African American Culture through the Structure of Incarceration. Preface             This project is rooted in a larger group of studies that I have engaged in over the course of my last four years at the University of Akron. In particular, I was fortunate enough to be able to write a term paper titled “Historic Marginalization and the Impact of Incarceration” that discussed the structural damage to African American society created by mass incarceration. Although it is the research foundation of this essay, this essay differs from “Historic Marginalization” in that it considers the multidiscplinary approach described by Dr. Cornel West in his work on “Nihilism in Black America”. In that work, Dr. West spoke of understanding and eliminating nihilism (rendering powerless or the loss of self-worth and self-value) through both structural and behavioral approaches. Where “Marginalization” enabled the reader to understand the disparity suffered by African-American men it failed to follow Dr. West’s paradigm in providing a coherent explanation as to the cause or a possible course for correcting the inequity. However, this work intends to use Dr. West’s approach as the foundation. This opportunity enabled me to concentrate far more time to the social impact of criminal justice policies and the possible underlying environmental factors that drive them. The factual disparity is being partly fueled by negativism, or more correctly nihilism. While there has been a constant pressure exerted on the African-American male through the historic identity crisis fostered and maintained by white supremacist political policies, the reaction of positivism and affirmative grass roots efforts have fallen by the wayside. In order to combat this descent into nihilism we must reject the negativity that is encapsulated by the persona of the deviant, the criminal, the “thug”, and return to the movements and attitudes that fueled the civil rights movement. We must follow Dr. West’s call for the work to be completed through love.   “Historic Marginalization” helped define the results of what this project will attempt to understand. Being a multidisciplinary student, comprised of History, Political Science, Criminal Justice, and Sociology, I found it necessary to combine disciplines in this project. I feel that as academics, researchers, and students of the social sciences, we must increase our knowledge with a multidisciplinary approach.   Introduction Often heralded as a model for international human rights protections the United States of America is losing  a great deal of it’s most valuable resources, young African-American men to what Dr. Cornel West calls “Nihilism”[1]. Nevertheless, understanding exactly what Dr. West was referring to takes a great deal of complex sociological reasoning, examination of the available data and a deep understanding of the historical component that provides context. Dr. West speaks of a “profound sense of psychological depression, personal worthlessness, and social despair”[2] and how it is spreading to catastrophic proportions.  In the process of grappling with this profound implication, the scholar must first establish an understanding of the context in which this “nihilism” is incubated. What does the threat to the existence of Black America look like in contemporary terms? In answering this question this essay will explore what Sampson calls concentrated disadvantage. The arguments will focus on the incarceration explosion, because of its centrality to the nihilistic cycling and recycling dynamic Wacquant called  the hyper-ghetto.  However, even a detailed discussion of incarceration does not constitute a full analysis of the disadvantages concentrating in inner city neighborhoods (and of course will not cover all of the causes of nihilism).[3] This essay will examine what Loic Wacquant calls a “new peculiar institution” (mass incarceration) for the post-modern subordination of African Americans, in an ironic link to slavery and the civil disabilities that are part of it.[4] It is important to examine the long-term affects of the new “peculiar institution” on the men themselves. Therefore, this argument focuses on incarceration, in order to extend the analysis to the political, economic, and cultural  conditions now commonplace for the survivors of incarceration, their families and communities.  Nevertheless, just considering the incarceration and resulting damage to the African American community would be covering only what Dr. West calls the “structural” aspect of nihilism. This would be doing exactly what Dr. West warned against in his essay i.e. joining the stalled debate participated in by both left and right wing camps. Therefore, in order to extend the understanding across liberal and conservative mores, this work will consider the cultural aspects of nihilism in an effort to uncover the complexity of personal despair that has grown through a turbulent African American history. In order to address the cultural component to nihilism, this work will consider historic and contemporary works that have focused on the identity of the African American male.  In agreement with Dr. West and others, the psychological impact of concentrated disadvantage combined with cultural conflicts, (specifically what this author finds as the complex identity of the African American male) work in concert to foster a dangerous behavior that expedites the continuation towards “nihilism” and the perception by whites of a “New Dangerous Class”. [5] The consequences are dire not only for the men but also for a nation that loses the productivity of them as well as the burden of funding incarceration and programs to support ex-cons that have lost labor marketability. Ultimately, this work will argue that the structure of incarceration compels large numbers of African American men to engage dangerous behavior in a new cultural atmosphere that perverts the traditional conservatism uncovered by Sampson’s important work and demonstrated in volumes of African American intellectual history.  Finally, this essay will speculate that specific attention be given the youth due to the high impressionability of young men looking for models to emulate and help them become men and the harm that the new culture of a “dangerous class” can entail. Not only do the issues of identity from historic discrimination plague African-American men, but they also face marginalization among their peers if they do not accept the new culture that presents a “thug” as powerful completely ignoring the consequences the label has in mainstream society.  In support of Dr. West’s assertion that the American community must deal with Nihilism from both a structural/cultural, and behavioral perspective this work will suggest possible action or research to fulfill these areas of focus. Structural Disparity In order to understand and therefore exercise the power to influence the structural impact Dr. West speaks of, American society must discover the reason for the extreme racial disparity in policy applications of the criminal justice system. The United States portrays itself as a champion of human rights in the international community. The evidence of this fills news broadcasts that cover summits with nations such as China or others that American officials feel compelled to exert pressure on during negotiations. So why does America have the highest incarceration rate in the world, and why are so many of those incarcerated African American in comparison with other races? To answer this question one must first understand the amount of incarceration that the U.S. is experiencing. Currently, the incarceration rate around 750 per 100,000 by population. [6]  Before an American model can be projected throughout the world, America must demonstrate an equitable execution of the rule of law. Then as a society, the United States can truly maintain  that they address the structural disparity experienced by African-American men who are faced with nihilism. Currently there are nearly 2.5 million American citizens incarcerated in America’s various penal institutions.[7]  Of the 300 million people in the U.S., 37 million are African American and 44 million are Hispanic; together representing 81 million people.[8]  This number encompasses 27 percent of the total population and yet these minority groups makeup over 60% of those in prison.[9]  Approximately 900,000 of the nearly 2.5 million incarcerated in the U.S. are African American.[10] According to Joyce Pollack (2004), African American males are incarcerated at a rate of 4810 per 100,000 compared to 649 per 100,000 White Males.[11] Why does a race that only comprises 12 percent of the population make up such a high percentage of those incarcerated or imprisoned? Perhaps the carceral system itself holds much of the blame. The early embarkation into the CJ system forever handicaps young men with a “mark of a Criminal Record”[12]. The “mark” removes the young man’s viability as a breadwinner that is integral to a community that has long viewed the male as a figure of authority, the proverbial man of the house.[13] Likewise, individuals who receive felony convictions become nearly unemployable and those that do reach employment are underemployed.  Bruce Western finds that not only does incarceration affect the ability to procure a livable wage, but it also interferes with the process of long-term career employment associated with wage increases in non-professional sectors.[14] With lack of employment and those employed underemployed, deviant means become increasingly necessary for survival. Thus, deviance defines a “dangerous class” with necessity.              Statistically “Young black men today have a 28% likelihood of incarceration during their lifetime a figure that rises above 50% among young black high school dropouts”[15] costing America a bill of over $40 billion annually.[16] Why does America allow the removal of identity by incarceration to exacerbate separation in racial ideology? Perhaps it is because America does not understand the implications of identity and the effect widespread policies are imposing on it. The carceral system is consuming young African American men, furthermore it is rendering it’s many survivors politically, economically, and morally incompetent through the incapacitation before during and after incarceration.  As is observed in the tables below taken from the Bureau of Justice Statistics African American are in crisis and that crisis is getting worse. Homicide trends in the U.S. Racial differences exist, with blacks disproportionately represented among homicide victims and offenders In 2005, homicide victimization rates for blacks were 6 times higher than the rates for whites.  Taken from the Bureau of Justice Statistics[17]   Jail incarceration rates by race and ethnicity, 1990-2006             Number of jail inmates per 100,000 U.S. residents   Year White non-Hispanic   Black non-Hispanic Hispanic of any race 1990 89   560 245 1991 92   594 247 1992 93   618 251 1993 94   633 262 1994 98   656 274 1995 104   670 263 1996 111   640 276 1997 117   706 293 1998 125   716 292 1999 127   730 288 2000 132   736 280 2001 138   703 263 2002 147   740 256 2003 151   748 269 2004 160   765 262 2005 166   800 268 2006 170   815 283           Note: U.S. resident population estimates for race and Hispanic origin were made using a U.S. Census Bureau internet release with adjustments for census undercount. Estimates for 2000-2006 are based on the 2000 Census and then estimated for July 1 each year. Taken from the Bureau of Justice statistics   Also According to the Bureau of Justice Statistics: “Black men represented the largest proportion of sentenced male inmates at year end 2006 (38%); white men made up 34%; and Hispanic men, 21%.Black men ages 25 to 29 made up nearly one-fifth (19%) of sentenced black male prisoners, followed by black men ages 30 to 34 (17%). The largest                         percentage of sentenced Hispanic male prisoners were also in these two age groups (21% for Hispanic men ages 25 to 29 and 18% for those ages 30 to 34).”[18]   These numbers represent a gradual deterioration of civil liberties defined in the constitution and civil rights amendments as inalienable, for an entire group of men in our American society.[19] Alienation of rights result in the adaptation of a deviant means to empower and redefine those who the structure of society has ostracized. Structure spawns dangerous behavior.  Dangerous behavior, though appearing glamorous, expedites the descent into nihilistic perceptions.             In another effort to expose structural inequality, Social Scientist Michael Tonry cites historical reasons as the explanation of increased incarceration rates.[20] Although on a historical track, Tonry changes focus in his work from incarceration increase to the assumption that incarceration increase is tied to historical trends of crime rates and reactions to them. Tonry shows crime rates are down irrespective of the rates of incarceration. Many other social scientists or criminologists such as Joycelyn Pollock, argue that the increase of incarceration and the decrease of crime are not necessarily related to each other.[21] These criminologists claim that simply because crime rates are down and incarceration is up does not validate policies of incarceration as successful. Although the assertion that incapacitation does not prevent crime might need further research, the effectiveness of incapacitation at preventing an entire segment of society from participating in crime is clearly suspect. Conversely, this essay finds that incarceration breeds incarceration.  This essay also recognizes the historical component that cannot be removed from a culture. Therefore, the consequences of historic marginalization must be recognized if behavior of the African-American male is to be influenced positively in a concerted effort to reduce or eliminate nihilism.   Historical Marginalization as “Cultural” Component and Context for Behavior Presently, in the United States, human trafficking is considered one of the most heinous crimes against humanity. Nevertheless, it was once a mainstay for capitalism in the Americas. It was used as a method of production to control the cost of plantation operations. Subsequently, entire communities were destroyed on the African continent as inhabitants were abducted and sold on the open market[22]. The perpetrators discarded the family names of the slaves. Identities were stripped and were replaced with the identity of property. After all property is and was foundation of the American experiment. Slaves were so important to the American economy that laws were passed to ensure the return of slaves to their owners in event of escape. Even the Constitution of the United States of America itself contained doctrines such as the 3/5ths clause, which fortified the idea that slaves had no right to life liberty, and property “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.”[23]   This  attempt to draw political lines for congressional seats was also used as a mandate that reduced slaves to 3/5ths of a person. Slaves were not allowed to sue in court or witness against whites in order to defend themselves.[24] More problematic than constitutional instructions on census taking however, was the portrayal of Black men in the American society that perpetrated the abduction: “The social construction of Black manhood in mainstream American culture 1s rooted in the idea of "Blacks as beast" (Gossett 1965; Gould 1981, Hoch 1979; Montague 1964; Turner 1977). This early imagery provided a rationalization for the enslavement of African peoples who, as chattel, needed the control and the paternal protection of whites. Central to this imagery is the emphasis on the physical attributes of the Black male, the limited capacity of mind, and the absence of soul that made one human.”[25] This portrayal of “blacks as beasts” would continue to fuel radical racism for decades after the Emancipation Proclamation. Supremacist groups would reiterate these absurdities into the 21st century. Marginalization continues through today, influencing attitudes and actions of African American youth in society. Identities were further reduced as slaves took on the names of their masters and families were torn apart as individuals were sold off. The ability to protect or participate in family was completely absent for the slave males.  “How can a slave perform the duties of a husband or a father to a child?”[26] This removal of primordial instinctual role of the human male reinforced the inferiority complex propagated by white supremacists. This condition has implications that come from the depths of American history of inequality. Loic Wacquant asserted that: “The militant defense of slavery generated an elaborate ideology that justified the subhuman condition imposed upon blacks by their inferior biological makeup. Particularly in the period between the Great Awakening and the Civil War, the specter of insurrection and abolition resulted in increased hostility toward manumission, miscegenation, and "passing" by Negroes, and a rigid twofold racial schema based on the mythology that God had created a separate species of blacks to be slaves and that persons of mixed descent were against nature and fated to physical extinction.”[27]   A man who has lost his identity, in the clutches of slavery, and is traditionally a prominent figure in community will naturally attempt to regain his prominence if the chance should arrive even in dangerous acts of resistance as demonstrated historically by Nat Turner. The idea of a peaceful chance to regain identity was briefly represented by emancipation. Nonetheless, that opportunity was a shadow erased by the continued reduction of slaves to sub-humanity both in terms of rights and position. The evidence of this reduction is represented historically by the usury practices of sharecropping and the reiteration of segregation such as the Jim Crow Laws.[28] Even in the face of this strong historic marginalization, African American scholars have continually demonstrated a strong adherence to conservative values that include strong family structure and faith based culture. In an important book called “Black Religious Intellectuals: the Fight For Equality From Jim Crow to the 21st Century” Clarence Taylor thoroughly documents the interlocking responsibilities of both spiritual and political activism by men such as A. Phillip Randolph, Bishop Smallwood Williams, the Reverend John Culmer, the Reverend Theodore Gibson and the Reverend Al Sharpton. In this work, Taylor shows the conservative foundation of African American scholarship and the efforts to defeat white supremacy from the pulpit.[29] These strong determined intellectuals held positivism in there writing as well as in the model they portrayed for African-American youth.  This was a time when nihilism was being actively attacked by all facets of  Black Academia. In another important work that demonstrates contemporary conservatism in the African American community, Sampson and Bartusch discovered African Americans as well as Hispanic Americans hold a more conservative view of deiviance and  criminality than White Americans.[30] Although Sampson’s work has clearly uncovered the conservative face of African Americans, an issue not covered by his work arises out of the cycle of incarceration and release into the “hyper-ghetto”[31]the persona of the “thug” or outlaw. Historian William Van Deburg focuses on the acceptance of the “thug” person as a way to recapture identity in his work titled “Hoodlums”.[32] Sampson’s study makes no mention of questioning the people actually incarcerated and their feelings toward deviance or criminal activity. Nor was it part of his study design. Therefore, it does not provide a vehicle to ensure representation of the “Gangsta” culture and the individuals that it consists of.  This subculture of violence that is commonly called “Gangsta”, the “dangerous class” or urban is not likely available or willing to participate in studies such as Sampson’s. There is a distinct absence of single males in the deepest ghettos during the daylight hours[33] Consequently new designs must be created in order to analyze this subculture in future research. Sampson’s work is accurate presently and historically, as we have shown conservatism is deeply rooted in African American history. However, Sampson’s study design offers no insight into the thought process or tolerance of deviance among the criminal element that has resulted from the complex process of historic marginalization. This “Gangsta” subculture has emerged within the African American community as a reaction to the frustration of efforts for equality in the conservative arena. This “subculture’s” reaction is in the establishment of a new rule of law to replace the racially biased law maintained by American Society and was born in the era of black militancy originally envisioned by the nation of Islam and realized under the Black panther movement.[34] Elijah Anderson calls this new law a “Code of the Streets”.[35] Ironically, even though the new code provides and restores identity and restores emotions of power it imperils, through the cycle of incarceration, the opportunities for real freedoms and successes sought by men such as Martin Luther King Jr. and Malcolm X. This “subculture” of violence and deviance facilitates nihilism within the global market society, thus defusing progress made within the evolving American policies on equal protections, and general equality. Nihilism reduces the oppressed to an innovative form of subsistence within the of global economy. In “Code of the Streets” Elijah Anderson establishes an understanding of the separate code of ethics that rule Wacquant’s “hyper-ghetto”[36]   Thus, the marginalized victims facilitate further alienation through the embrace of a new street code. The acts of crime for survival further exacerbate mass incarceration and a deadly cycle that removes increases civil disability ensues. Civil disability is a term used in sociology that describes the condition endured by victims of incarceration who are stripped of their ability to exercise many rights under the constitution to repel the supremacist oppression.[37] When an insurmountable force (such as the enormous federal and state governments) weakens a man’s social identity, the seeds of nihilism are firmly rooted. Nevertheless, one aspect of the reaction to this loss of social identity is not well covered by Dr. West’s essay on nihilism, the assumption of new empowering identity, the “thug”. However, the identity of the “thug”, “gangsta”, “pimp”, or “playa” is not simply arrived at naturally through the course of human psychology. According to Historian William Van Deburg, the demonization of the Black Man has eroded the internalized perception of the African-American culture and has propelled this identity into existence: “early European cultures associated the color white with goodness and the color black with bad character, death, and the underworld, some considered a dark complexion to be ominous”.[38] Historian William Van Deburg, also uncovers a European institution of “coloring villainy” and making the “devil black”. He argues that the historical imposition of this blackness of evil and evil doers is at the core of the identity of African Americans in the eyes of both white and black. Further he establishes that the acceptance of this role of villainy among modern American “Gangsta” culture.[39]  Historic marginalization has led to the acceptance of a role of toughness and a new and more sinister definition of “Blackness”. The evidence of this can be seen in countless tracks of Gangsta Hip Hop under chants like NWA’s “NIGGAZ 4 LIFE”:  “Why do I call myself a nigga, you ask me? Because police always wanna harass me Every time that I'm rollin They swear up and down that the car was stolen Make me get faced down in the street They throw the shit out my car on the concrete In front of a residence”[40]               The new blackness described by NWA and tied to Van Deburg’s “color of villainy” serves to vilify African American males in the eyes of law enforcement. The idea of racial profiling and its contribution to increased incarceration of African American males is not a new one. Racial profiling invariably increases the numbers of arrests among groups targeted by the practice thus increasing incarceration rates.  Meehan and Ponder found a clear disparity in practices of law enforcement based not only on the race of the drivers stopped but also on the “place” they are in at time of stop.[41]  This suggests a that the officers are operating under a motive of protection from the black “villains” that enter into what Van Deburg elucidates as pure white society. African Americans report far more incidences of search detailed questioning and detaining practices of police when compared to European Americans.[42]              Corporate marketers have skillfully adopted the “thug” persona into an effective marketing tool. The intrigue and attraction of risk and lawlessness has remained a seductive image in western culture for centuries. The outlaw can create wealth in deviant ways thus becoming economically viable in the pursuit of individual pleasure. Dr. West describes the use of personal “pleasure” as a tool used by marketers in order to increase consumption.[43] Hip Hop culture, combines both the primal appeal of a dangerous black male, as well as the image of extreme wealth to entice young African-Americans.  Dr. West’s logic seems to suggest that the promotion of this is no accident.             The corporate marketers play a substantial role in pop culture trends through mass marketing plans. African American youth receive a never-ending barrage of images of a powerful “gangsta” as a role model for reaching individual pleasure. Nevertheless, the statistics tell the truth about the future of the “gangsta”. In reality, the living gangstas go to jail and lose their civil rights. Consequently, the survivors of those that adopt the identity of the thug receive “the Mark of a Criminal” only fuel the cycle of incarceration and powerlessness that propels nihilism.     Incarcerations Impact on Traditional African American Culture              Although the methodology of social scientists provide evidence to support social theory, human culture is multifaceted calling for a multidisciplinary approach.  In the previous section we have seen how William Van Deburg, a historian, Loic Wacquant, a social scientist with a great understanding of history, and Elijah Anderson a sociologist, demonstrate the complexity of identity and the consequences of marginalization through labeling. However, history can suggest malevolent motives of elites that may or may not be true. In a historical elucidation, Loic Wacquant explains that the United States has a history of discriminatory practices that maintain social dominance of the ruling “White” elite through the practice of “peculiar institutions”. These institutions range from slavery through the black codes and now the “warehousing” of African American males who are protected by labor rights from substandard wages.  Wacquant points to a “symbiosis” of carceral exploitation between ghetto and prison. He argues that a ghetto atmosphere in prison that solidifies the “marginality” experienced by African American males is now accompanying the prison-like atmospheres of the ghettos where large proportions of African Americans live. This two pronged control process produces further feelings of nihilism and helplessness. This perpetual segregation effectively removes the African American male from the U.S. society as a whole.[44] Furthermore, the imprisonment of such a large number of African American males has a direct effect on the black community. As presented by Todd Clear et. al. (2003), “Coercive Mobility” (incarceration) in large numbers actually increases crime in neighborhood due to many factors including community disorganization. Clear uncovers a pivotal point in which the incarceration of males and their absence in the community increase crime. The absence of fathers or male figures in the urban environment places strain on family units. This disorganization is not only due to economic situations but also due to the lack of family protections provided by males from the dangers in the ghetto. In addition, the carceral experience and subsequent lessons learned in the penitentiary on perfecting crime is conveyed en-masse to the other individuals in the community when the convicts are released.[45]              Wacquant asserts that “by entombing economically disadvantaged blacks in the concrete walls of the prison, the penal state has effectively smothered and silenced sub proletarian revolt”[46], but how silent is the revolt? The entire urban market of contraband represents a continual growth of revolt in the form of creative economic deviance.  In order to supplant institutionalized marginality that fits the level demonstrated by Wacquant there must be a radical change in what is acceptable to young African American males as empowering.  This is in addition to the “politics of conversion” that Dr. West calls a “direct attack” on nihilism.[47] In order to combat the above-mentioned destructive cycle society must remove the badge of honor earned through conflict with society and the urban respect gained from contact with the prison system.              The government called for extreme reactions to the rise in crime experienced during the 80’s and 90’s and distorted ideas for crime reduction through attempts at implementation of new theories. Some studies focus on these relatively new policy institutions as reasons for high and inequitable incarceration. Some of these studies describe quasi-attempts at instituting “Broken Windows Theory” defined by James Q. Wilson and George L. Kelling. In “Broken Windows” (a possible tool for combating nihilism) the focus is to stop the small atmospheric changes that deplete the neighborhoods of pride  and increase the plummet into “hyper-ghetto” status. Such attempts at implementing “Broken Windows” have taken place in New York City as well as other jurisdictions and according to Fagan and Davies (2000) and Peter Manning (2001) have proved disastrous to the idea of equitable enforcement.   Fagan and Davies uncover the policies of the NYPD that focus on poorer neighborhoods invariably inhabited by large percentages of minorities. Hence, race becomes a dominant factor over the “place” originally intended by “Broken Windows”.  This increases the marginalization that is intertwined in the destructive cycle of nihilism.             Likewise, Manning uncovers falsification policies in the form of a dramatized charade. In his study, he demonstrates that the city shows false results that help maintain a failing policy. The policy only serves to justify inequitable incarceration and execution of the law.  False reporting of declining criminal activity as well as in the media has protected ineptitude on all levels of New York police policies. Thus, New York’s “Broken Windows” applications (that are little more than policies of zero tolerance) are heralded through elaborate spin corroborated by city officials using the media.[48]             Zero tolerance only leads to further separation of the “gangsta” culture from the only hope of political and economic survival, the proper and equitable application of the rule of law. Once in the system and either on probation or parole, these men suffer “civil disability”  meaning they longer have the protections of the constitution in full force. Parole or probation officers, can and do pop drug and alcohol tests, perform warrant less and unlimited searches of the person or occupied dwelling and limitations on social interactions. In some cases, these men are not allowed around family members due to conviction status or gang affiliation.[49] All of these conditions serve to increase the involuntary servitude to the carceral system. They serve to deepen the feelings of nihilism in already troubled young men.               Zero tolerance maintains a perpetual cycle of oppression that breeds deviance. Further marginalization increases the acceptance of alternative forms of “codification” among those marginalized. The development of greater amounts of citizens marginalized lowers feelings of the legitimacy of law and thus prompts greater disregard for the law by the “Subculture”. In “The Racial Typification of Crime and Support for Punitive Measures” Chiricos demonstrates through statistical analysis that America is practicing tendencies of equating criminal activity with “Blackness” and that this practice is leading to stronger punitive action in the form of longer sentencing.[50]              This ultimately leads to increased oppression by zero tolerance like policies. Zero tolerance reiterates historic White views of “Blackness” as criminal. Thus, “Blackness” takes on a form of criminality as identity and the age-old idea of “Villainy” is reinforced for further generations. The “thug” described by Van Deburg remains a badge of audacity and power, a power that continues to plunge the African American community into powerlessness.  By the time, they realize the badge is the mark of ostracism they are already permanently marked as a criminal by society.  They are looked upon as men lacking refinement, returning their status to the historic stigma of “blacks as beasts”. These conditions expedite nihilism and promote behavior that leads to the perpetual cycle of living in obscurity, again lacking in identity. Identity is key to the psychology of any male, especially when it is illusive.    “This bitter man he is, throughout his life the same, He's battled constantly. This fight he cannot win a tired man they see no longer cares. The old man then prepares, to die regretfully.  That old man here is me”   --Metallica “The Unforgiven” Conclusion America must decide if it will allow a segment of our young men to become enslaved to criminalality by the destructive cycle of nihilism forged through the carceral system. If American society ignores this trend, the exponential increase in those with criminal records will gradually begin to incapacitate large portions of young African- American  men.   As we have seen the cycle of adaptation used by these young men only supports itself in terms of false validation. Both validation of criminal activity through the respect on the streets, and validation of stereotypes held by the criminal justice system that ultimately levies the tax on both civil rights and the economic health of our nation. Dr. West speaks of attacking nihilism head on, and this is the proper course in light of the above information. Thus, there is a far deeper need to reconcile viable humanity with the color black and erase the negativism that has permeated our western society for close to 1000 years. The use of love as suggested by Dr. West must be accompanied by the vigilant rejection of negativity contained in corporate, institutional, and private expression. The negative ideals and terms must be rejected by all people all of the time in order to eliminate them from acceptance. This will inevitably bring contemporary Hip-hop and the acceptance of the “gangsta” lifestyle under scrutiny.  As a nation that has survived the chains of slavery and has moved into an era of equality, tolerance for material that has the potential to marginalizes, incapacitate, disable civilly, or causes death and destruction to our own children should not be protected speech. Even though life is hard in the hood, we are not obligated to allow elements of our media to make it harder. Positivism, can and will change the self-perception of the African-American male and eliminate nihilism. Although short lived, the path was already being created by the civil rights movements to include the early stages of the Black Panther and Black Power movement. Somewhere the creative approach to positivism such as the “Black is Beautiful” movement was forgotten and replaced by negativity and the persona of the thug.  These movements have apparently taken a forty-year detour descending into nihilist practices and self-destruction. The reinvigoration of these strong movements and the feelings of empowerment they once encompassed are within the grasp of African American youth. We as the aging witnesses of the destruction visited on an entire race only need to nudge them to take hold and grow confident once again.                                  Endnotes [1] West, Cornel. (1993) “Nihilism in Black America”. Race Matters. Beacon Press. Boston Mass.   [2] West, Cornel. (1993) “Nihilism in Black America”. Race Matters. Beacon Press. Boston Mass.   [3] Sampson, Robert and Dawn Bartusch. (1998) Legal Cynicism and (Subcultural?) Tolerance of Deviance: The Neighborhood Context of Racial Differences. Law & Society Review 32,4 (1998), pp. 777-804. [4] Wacquant, Loic. (2001) Deadly Symbiosis: When Ghetto and Prison Meet and Mesh. Punishment & Society, 3,1 (2001), pp. 95-134.   [5] Irwin, John.(2005). The Warehouse Prison: Disposal of the New Dangerous Class. Roxbury publishing.                Los Angeles, CA    [6] http://www.pewcenteronthestates.org/uploadedFiles/One%20in%20100.pdf  accessed  March 17, 2008   [7] http://www.pewcenteronthestates.org/uploadedFiles/One%20in%20100.pdf  accessed  March 17, 2008   [8] http://factfinder.census.gov/                 accessed  March 17th 2008   [9] http://www.sentencingproject.org/Issues.aspx  accessed  March 17, 2008   [10]    Mauer and King (2007) Uneven Justice: State Rates of Incarceration By Race and Ethnicity http://www.sentencingproject.org/Admin/Documents/publications/rd_stateratesofincbyraceandethnicity.Pdf   Accessed March 17, 2008   [11] Pollock, Joycelyn M. (2004) Prison and Prison Life: the Costs and Consequences. Roxbury Publishing Los Angeles, CA                  [12] Pager, Devah. (2003) The Mark of a Criminal Record. American Journal of Sociology, March 2003,  108,5 pp. 937-976.   [13] Anderson, Elijah. (1999) Code of the Street: Decency, Violence, And the Moral Life of                the Inner City. W.W.Norton, New York, NY.  page 22   [14] Western, Bruce. (2002) The Impact of Incarceration on Wage Mobility and Inequality.  American Sociological Review, 2002, 67 August, pp. 526-546   [15] Pager, Devah. (2003) The Mark of a Criminal Record. American Journal of Sociology, March 2003, 108,5  pp. 937-976.   [16] Pollock, Joycelyn M. (2004) Prison and Prison Life: the Costs and Consequences. Roxbury Publishing Los Angeles, CA   [17] http://www.ojp.usdoj.gov/bjs/pub/pdf/p06.pdf   Accessed march 18th 2008   [18] http://www.ojp.usdoj.gov/bjs/pub/pdf/p06.pdf   Accessed march 18th 2008   [19] Pollock, Joycelyn M. (2004) Prison and Prison Life: the Costs and Consequences. Roxbury Publishing Los Angeles, CA   [20] Tonry, Michael. (1999) Why Are Incarceration Rates So High?. Crime & Delinquency  45,4 October 1999, pp. 419-437   [21] Pollock, Joycelyn M. (2004) Prison and Prison Life: the Costs and Consequences. Roxbury Publishing Los Angeles, CA   [22] Faragher,John Mack. et al. (2003). Out of Many. 4th edition. Prentice Hall. Upper Saddle River , NJ.   [23] United States Constitution. Article One, section two, clause three.   [24] DRED SCOTT v. SANDFORD, 60 U.S. 393 (1856)   [25] Hunter, Andrea G. and James Earl Davis (1992). Constructing Gender: An Exploration of Afro- American Men's Conceptualization of Manhood Gender and Society,  6,  3, This Issue Is Devoted to: Race, Class, and Gender. (Sep., pp. 464-479.   [26]Faragher,John Mack. et al. (2003). Out of Many. 4th edition. Prentice Hall. Upper Saddle River , NJ.  pp.94 [27] Wacquant, Loic. (2001) Deadly Symbiosis: When Ghetto and Prison Meet and Mesh. Punishment & Society, 3,1 (2001), pp. 95-134.   [28]Faragher,John Mack. et al. (2003). Out of Many. 4th edition. Prentice Hall. Upper Saddle River , NJ.   [29] Taylor, Clarence. (2002). Black Religious Intelectuals: the ZFight for Equality from Jim Crow to the 21st Century.  Routledge  New York, NY   [30] Sampson, Robert and Dawn Bartusch. (1998) Legal Cynicism and (Subcultural?) Tolerance of Deviance: The Neighborhood Context of Racial Differences. Law & Society Review 32,4 (1998), pp. 777-804.   [31] Wacquant, Loic. (2001) Deadly Symbiosis: When Ghetto and Prison Meet and Mesh. Punishment &  Society, 3,1 (2001), pp. 95-134.   [32] Van Deburg, William L. (2004) Hoodlums: Black Villians and Social Bandits in  American Life. University of Chicago Press. Chicago, IL.   [33] Anderson, Elijah. (1999) Code of the Street: Decency, Violence, And the Moral Life of the Inner City. W.W.Norton, New York, NY.   [34] Van Deburg, William L. (1992). New Day in Babylon: the Black Power Movement and American  Culture, 1965-1975. University of Chicago Press. Chicago, IL.   [35] Anderson, Elijah. (1999) Code of the Street: Decency, Violence, And the Moral Life of the Inner City. W.W.Norton, New York, NY.   [36] Wacquant, Loic. (2001) Deadly Symbiosis: When Ghetto and Prison Meet and Mesh. Punishment & Society, 3,1 (2001), pp. 95-134.   [37] Pollock, Joycelyn M. (2004) Prison and Prison Life: the Costs and Consequences. Roxbury Publishing Los Angeles, CA   [38] Van Deburg, William L. (2004) Hoodlums: Black Villians and Social Bandits in  American Life. University of Chicago Press. Chicago, IL. p. 13-15   [39] Van Deburg, William L. (2004) Hoodlums: Black Villians and Social Bandits in  American Life. University of Chicago Press. Chicago, IL.   [40] Niggaz With Attitudes (1991) Niggaz 4 Life   [41] Meehan, Albert and Michael Ponder. (2002) Race and Place: The Ecology of Racial Profiling African American Motorists. Justice Quarterly, 19, 3, September 2002, pp. 399-430   [42] Meehan, Albert and Michael Ponder. (2002) Race and Place: The Ecology of Racial Profiling African American Motorists. Justice Quarterly, 19, 3, September 2002, pp. 399-430   [43] West, Cornel. (1993) “Nihilism in Black America”. Race Matters. Beacon Press. Boston Mass   [44] Wacquant, Loic. (2001) Deadly Symbiosis: When Ghetto and Prison Meet and Mesh. Punishment & Society, 3,1 (2001), pp. 95-134.   [45] Clear, Todd, Dina Rose, Elin Waring, Kristen Scully. Coercive Mobility and Crime: A Preliminary Examination of Concentrated Incarceration and Social Disorganization,”, Justice Quarterly, 20, 1, March 2003, pp. 33-64.   [46] Wacquant, Loic. (2001) Deadly Symbiosis: When Ghetto and Prison Meet and Mesh. Punishment &  Society, 3,1 (2001), p 119. [47] West, Cornel. (1993) “Nihilism in Black America”. Race Matters. Beacon Press. Boston Mass.   [48] Manning, Peter.  (2001) Theorizing Policing: The Drama and Myth of Crime Control in the NYPD, Theoretical Criminology, 2001, 5, 3, pp. 315-344.   [49] Irwin, John.(2005). The Warehouse Prison: Disposal of the New Dangerous Class. Roxbury publishing.                Los Angeles, CA  [50] Chiricos,Ted and Kelly Welch. (2004) Racial Typification of Crime and Support for Punitive Measures. Criminology May 2004, 42, pp. 359-390.

COMBAT IDEOLOGY

COMBAT PHILOSOPHY   “THE FOUR RANGES”             There are four categories that each encompass a range of combat that make up the first stage of this philosophy. Based on first contact the first range is the realm of all weapons (including firearms) to the long range kicks and strikes that can be applied without (hand or foot) reciprocation from the target. If you are unusually tall or long this can include many more techniques, however in order to keep it simple it is to be held to jump kicks, Piqua or old long fist strikes out of shoalin or anything in the same long extended body technique category. The second range encompasses normal punches back-fists and all other kicks Mantis eye strikes etc.  The third range consists of elbows, knees; head-butts all throws consisting of striking force and limb damage progressions and body thrusts such as cao. The fourth range is that of grappling in active ground fighting consisting of kill moves in order to regain ones mobility as quickly as possible for the possibility of multiple attackers. Clearly, this is not a definitive list of the techniques in this category, but it should enlighten those inquiring.   “TRADITIONAL DERIVATIVES”             While I am the first to admit that there are no motions of the human body undiscovered in our hundred and fifty thousand year history;  the refinement of motion and purpose is as ever changing as the art of military based combat. The Tradition of Wu Tang is that of true warriors that have been historically tried and tested throughout at least millennia. Just as Masters throughout the centuries have found purpose to compose new forms or subsystems in order to keep the art valid so must we strive to innovate and maintain an edge in combat arts in order to supply the world with new generations of warriors. In this spirit, it is the feelings of this “teacher” that all students that apply themselves to the task of furthering Wu Tang should be taught with the goal of creating warriors greater than that of their teacher or of masters from the past, otherwise the system inevitably deteriorates. Without delay (upon the teachers verification of the reliability of the student) the student should be propelled into the inner workings of the effective techniques and instructed in the high forms of dispatching opponents with relative ease while they grow into a martial arts warrior with physical and mental characteristics of Wu Tang.  The traditional styles encompass aggressive maneuvers against all parts of the body and psyche of the opponent; however, they have existed for many years and as anything else, age demands the need to polish and refine (especially in regard to our next subject “individual training”).   “INDIVIDUAL TRAINING”             In the words of Master Yang “each student fights differently naturally; thus each should receive teaching according to their abilities”. It is fruitless to spend endless hours repeating a technique that you as a physical and mental being are unable to execute. Life continues to grow shorter and hours pass as you strive to complete the perfect motion. At Wu tang, modern combat means a custom tailored training program and attention to the strengths forever written into your genetic code (unless we learn to alter that as well). A 300-pound male of five foot eight will not engage in the same way a six foot two inch one hundred and seventy five pound female (or for that matter, neither of these examples will move the same as me at five foot four). Nevertheless, each of us has the natural ability to inflict damage on another human being the key is to find those abilities, focus on them, and develop new ways that are uncovered through the consistent training involved with Wu Tang. POWER GENERATION A BRIEF EXAMPLE If you are a true believer in fajing and chi there is an equal amount borrowed from the earth as the power generated by your strike  A martial artist should not separate these two and should use both equally in oder to maintain proper balance in motion and proper concentration of power during transference to the target.  In our Baji, we are taught to use all the body available, for example if your body is free to move you use all of your weight. If you are grappling you use all the weight that is free. However, this must be timed properly in order to properly transfer the energy to the target. Get up on a scale and look at your weight. Now allow your legs to collapse for a second and regain strength as get low abruptly by pressing hard with your quads. Notice the tremendous increase in your weight. If you use this principle in downward fajing or strikes your power becomes doubled or even more if you are very good. Now apply this to a some backed into a low mantis position  if this person moves forward and up they have applied much of the same technique of exponential power generation.     “QUALITY CONTROL”             It is essential for the Sifu of any respectable warrior school to test the reliability of the techniques taught and for that Sifu to look for weaknesses and expose them in front of the students in order to show the desire for continued evolution.   This by no means defines the entire philosophy of this institution. This should allow for a better understanding of my intentions for those that wonder.

JUST WHY WERE THE CHINESE FORCED INTO ALLOWING INTERVENTION? HERE IS AN IDEA

The Role of Confucianism in Chinese Military Defeat to Foreign Intervention               The Chinese State by the 17th century had burgeoned into one of the most prosperous, highly populated modern nations in the world.  Something changed this trend of progress and came into direct conflict with the last step to modernization “intra-generational innovation”.  Intra-generational innovation describes the speed of adaptation to extreme changes within the lifetime of the patriarch (whether it be the eldest male father figure, or the all the way up to emperor).  This work will show the role of Confucianism in stunting this vital phenomenon (intra-generational innovation) during years crucial to the formation of world powers in the Modern era following the late 1700’s.             Throughout history China was not a stagnant country in terms of progress as previous earlier historians asserted.  Rather China progressed during the transfer of the patriarchal duties to the next generation and the new order.  The description of this doctrine is clearly stated in the I Ching under the Character “Ge” (革) “Ge originally meant the hide of an animal. After an animals skin is tanned it becomes hide. On this basis, Ge also Meant to alternate, to change, to innovate.  Later on, the meaning extended to encompass revolution, in the sense of abolishing the old and making way for the new.”[1] Huang also cites Confucius in his compilation as saying, “Heaven and Earth abolish the old and bring out the new then the four seasons complete their changes”[2].  This demonstrates the Chinese philosophical acceptance of natural change from the foundation of their early civilization philosophy, that of Confucius and Taoism.   In addition, 革 in the revolutionary sense also demonstrates the thorough belief by the Chinese in the process of revolutionary change when what is understood as the natural order is disturbed.  The concept of the “Mandate from Heaven” asserts to the emperor the importance of remaining in the natural order of Confucian morality in order to continue rule of China.  When the People are not cared for and morality leaves the Imperial Palace, the “Mandate from Heaven” expires, thus 革 or revolution is imminent.  The historic evidence of dynastic changes supports this philosophy and solidifies the belief of the “Mandate from Heaven” into the minds of the Chinese people.             Furthermore, the progress of the Chinese people is noted through distinct writings by Marco Polo and effectively reasserted in the Monograph Daily life in China on the Eve of the Mongol Invasion 1250-1276.  In this book the author quotes Marco polo as saying “ Quinsai… is the greatest city  which may be found in the world, where so many pleasures may be found that one fancies himself to be in paradise”[3]. Here Marco Polo asserts that China was exhibiting amenities that no other civilization had even come close to.  The author describes the rarities in a city where objects from all over the known world could be obtained and services that took care of oven repairs knife sharpening and even a catering company.  All of this progress from as early as the second half of the eleventh century (documented by the west through Marco Polo as well as other envoys) and a continuation of steady progress into the early seventeenth century and still China is subsequently dominated during the mid 1800’s by powers that themselves had just come out of similar if not inferior technological positions and with individually far less populations.             The reason for this change of fortune is as solid and complex as the foundation the society was built upon, the idea of filial piety and Confucianism.  Thus far, this work has demonstrated he ability of China to change naturally, or unnaturally in the natural balance is disturbed.  However, the effect of piety to ones father is an even deeper motivation for daily life and was an integral part of Chinese life.  Believers in balance as demonstrated by Taoism and the reverence to Yin and Yang, opposites in the natural order, Confucianism represented the counter balance to human progress represented by 革.  Confucianism gave the unparallel authority to the patriarch in all organizations and followed a rigid hierarchy of place in the everyday life of the Chinese.  This is a world where the oldest male is dictator and each male is in sequence according to age (with the exception of extreme wealth or political standing such as a member of government or literati).  Inside this complex arrangement, the young must be subservient and must echo the ideas of the old.  Confucius Proclaims this all through the analects in passages such as “the Master said, “I transmit but do not innovate; I am truthful in what I say and devoted to antiquity”[4].  To obey ones father or emperor without question was the expected role of the Chinese people under this doctrine.  If the father or emperor acts outside of Confucian morality then the natural change will occur through the loss of the “Mandate from Heaven”.  Furthermore, Confucianism as a doctrine goes back several hundred years before the Common Era and exists in some ways even as far as the year 2006. It is therefore embedded into the very fabric of Chinese society and the minds of the people.  In the modern era we observe the hierarchy of corporations in China of recent past where the junior officials are expected to hear the top official and to support his opinions and keep their own quiet until the day (if it should come) where they ascend to this position.  This is the quintessential definition of intra-generational stagnation the yang to our intra-generational innovation. The use of this ideology has echoed through time as an effective way to maintain control over a country as in the case of the emperor, all the way down to the family and is therefore well preserved as an institution.  The Emperor Kang xi demonstrated his need for this doctrine when he performed the kowtow ritual before the grave of Confucius.[5]  On the family level, the book written by Shen Fu  Six Records of a floating life clearly demonstrates the power of the father figure in the life of Shen Fu and his Wife.  From the choice of his wife all the way up to his education and beyond, we see a life of obedience to the will of Shen Fu’s father and the central role filial piety plays in the life of a middle class Chinese Subject[6]. This direct reverence during the leaders life causes a slow down of active radical change during the generation.  Confucianism moderates life and prevents hastily made decisions thus protecting stability of the family and the foundation of society that has clearly out survived most other civilizations.  However, the world was on the verge of a time when technology launched into rapid change.  The western nations with their thirst for colonies, sphere’s of influence, and control over foreign markets to provide outlets for the fruits of the new industrial period, were determined to use all new advances to exert pressure on areas of interest.  This is the case in the period from 1820-1911 spanning less than one hundred years (conceivably in a lifetime thus intra-generational innovation).  During this period, the Western nations make revolutionary discoveries at a extremely rapid pace in the area of militarism.  In the period just after the War of 1812, and just prior to the American Civil War machine guns, steel hull ships and howitzers became the tools of modern warfare.  This happened all in the space of a lifetime, all at a pace of “invent and immediately implement”, all in a race for military superiority.  Japan relented and reformed their military at the fastest pace possible getting an early glimpse of the dangers inherent in not advancing at a quick enough pace.  Unfortunately for China, radical change in such short periods was not the norm when the foreign powers began to exert force on the Ching Dynasty.  In fact, according to the doctrine of filial piety, this rapid change was not possible without the revolution that did not occur until after this period and even then grew at a sluggish pace, unable to reconcile itself with such a major change in fundamental philosophy.  For even though the Manchu’s were known for adaptation in battle the strong influence of Confucianism had already permeated the Manchu rulers of Middle Kingdom.  Thus, incumbent officials in the upper echelons of government easily block the need for immediate and complete change. All of this staleness comes back to the inability of younger officers to initiate major change or to question their superiors resolve.  We see an example of the lack of innovative leadership in the lessons of the tumultuous Chinese past involving revolutionary activity brought about by the covetous eyes of those bound by filial piety.  This places the leaders into a paradigm of holding fast to their power and refraining from allowing control to pass into the hands of direct subordinates.  The leaders jealously hold onto their power until their last days and in many cases, they use the power to slow the influence and political growth of their direct predecessors.  Confucianism is the control Mechanism through which this power is maintained.  Likewise, “the Mandate from Heaven” was used as a tool by the predecessors to instigate revolutionary activity. Consequently, an emperor protecting his own interest from the generation directly beneath, intensifies the weakening of a nations defense in a war with ravenous outsiders. In this instance the outsiders (western nations) exhibit little care for gaining authoritarian power (in a traditional sense of czar or emperor) and focus more directly on the ability to gain extreme wealth as power.  Once economic dominance is equated with military superiority the arms race was intensified in the west without an equal counterpart in Imperial China.  In the end, the great equalizer, “Confucianism” that chiseled moderate steady and surefooted progress provided the blockade to the progress needed to maintain a race with the western powers, especially England and America.  A perfect example of this still in existence, is the protective nature of the Chinese martial arts and the fear of letting students have too much knowledge.  Even in America, Chinese Masters and Grandmasters Hold tightly to Confucian morality in an effort to keep the reigns of the traditional martial arts organizations.  The attempt at innovation in order to maintain relevance in hand to hand combat for personal protection is resisted with the utmost of intensity and the understudies who innovate during the lives of their masters are cast out and forgotten by the mainstream traditional Chinese martial arts community[7].  This continues without regard to the irrelevance of these arts to the condition of global modern warfare.  The need to hide the secrets of the art no longer holds relevance in military confrontations as it once did prior to industrialization.  In fact, as the boxers (Chinese martial artists during the Boxer Rebelion) found out during the period this work covers, the relevance of hand-to-hand combat during large-scale military operations had already passed.  The morality of Confucianism moderated the growth of China and kept it alive throughout the longest existing history for such a large nation.  Nevertheless, we find that even this idea of respect for ones elders is in need of moderation. Perhaps, this trend which has already begun to change will change moderately and with stability as the Chinese State has for so long.  It would truly be a shame for China to lose its respect and reverence for the elders as so many western nations have begun to do.  If a tradition of moderation exists in moderation perhaps China will not entirely replace the pursuit of pleasing its ancestors with the pursuit of self gratification and relentless pursuit of wealth which leads to the loss of “the Mandate from Heaven”.                                                Bibliography     [1] Huang, Alfred. 1998.  The Complete I Ching the Definitive Translation by Taoist Master Alfred Huang                Inner Traditions International. Rochester , NY. page 389 [2] Huang, Alfred. 1998.  The Complete I Ching the Definitive Translation by Taoist Master Alfred Huang                Inner Traditions International. Rochester , NY. page 389 3 Gernet, Jaques. 1962. Daily life in China on the Eve of the Mongol Invasion 1250-1276.  Stanford  University Press.  Stanford, California. page 48   [4] Kung Fu-Tze. Lun Yu (the analects) Translated in 1979 by D.C. Lau. Clays Limited. St. Ives pic. England                Book VII. [5] Spence, Jonathon D. 1974. Emperor of China self portrait of Kang-Hsi.   Random House. New York N.Y.                Page. 69. [6] Shen Fu.  1809. Six Records of a floating life . Translated in 1983 by Leonard Pratt, Chiang Su-Bui.                Penguin Books.  London England. [7] Shifu James M Rodgers II. 2006. 10th Generation Wutang Chinese Martial Arts.

ABSTRACT IDEAS

IDEA ASSERTED  BY SIFU RODGERS FALL 2007 Reverse Relevancy== defined is the prevailing admiration of the youth of a individualistic society to the expense of the middle to advanced aged citizens thus creating a warped sense of wisdom that is narcissistic in nature and not bound by empirical logic. Simplified form===Attributing increased relevance to a part of society that empirically is less relevant. (Also defined as placing relevancy on individuals that are far less relevant to the society while at the same time ignoring those that are truly relevant). REVERSE RELEVANCY IS A PROGNOSIS FOR EXTREME GREED BASED SYSTEMS AND THE ANTITHESIS TO CONFUCIAN STUDIES

ACADEMIC ARTICLES

Tactical Response to Un-Equal Protection of the Law: A Three Pronged Attack   - All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.                       U.S. Constitution, 14th Amendment, Section 1.                 Patriots, politicians, and citizens herald the concept of the “Equal Protection Clause” as the bedrock of the American System of Justice. Nevertheless, social scientists and researchers are uncovering alarming evidence that the opposite is true today just as it has been in the past. Loic Wacquant describes an alarming continuation of “Peculiar Institutions as America’s solution to the imported African population.[1] Truly, the word “import” seems cold and harsh. However, in the vast ocean of English words none other describes the action more precisely. From slavery, to the migrative cycle of African American males between penitentiary and the “Hyper Ghetto”, Wacquant’s assertion (and an overwhelming pool of data) that control over the lost slave labor pool drives the above cycle challenges the notion of “Equal Protection”.             The data itself is far too vast to be encompassed in a small work such as this; in fact, there are those that have spent their academic lives deciphering small and specific aspects of the sea of American injustice. Although this work will include some of the findings of these studies, the goal of this work is the discussion of alternative attacks on the injustice that has remained the paradox described as American equality. The suggested remedies are a three-prong attack on the supportive system of racial stratification through incarceration. They focus on: 1. punitive measures for drug related crimes, 2. labeling of criminals and 3. removal of bias from the fact finders in the courts (juries).             The reason these specific areas were chosen was directly related to the claim that all areas have powerful racial implications.  The areas all reinforce the system of stratification and they involve large amounts of incarcerated African Americans that will be removed from the system in an immediate fashion. This in turn will allow systemic analysis of the actual incarceration of the highly debated effect of these variables on the African American community. Finally, all three of these areas focus on ways to improve the conditions of inner city neighborhoods by: 1. offering treatment to drug offenders, 2. allowing for easier application process for jobs and increased success at getting employed and 3. placing a sense of legitimacy back into African American and inner city perspectives.             Bruce Western argues that the carceral system has become a systemic cog in the machine of inequality especially among African American males.  In his analysis, he addresses what degree the system truly has on enforcing economic disadvantage as an externality.[2] Devah Pager also demonstrates how incarceration actually reinforces the stratification through the lifelong mark of criminality.[3] These scholars explore and define the damage that incarceratory stigma has to the marketability of the individual on their search for the “American Dream and the relation of race in inequality.  However, not only does America incarcerate far more blacks than whites (8 to 1)[4], but Americans also attribute crime with blackness and blackness with crime[5]. What is driving the severe disparity in incarceration? Is it inherent racism alone that might take decades to remove, or is it tied to policy and its implementation that can be changed in the present day?               Mark Mauer demonstrates that “In 1982, one of five defendants was facing a drug