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Wait…what exactly are we celebrating? (blink and you’ll miss it) July 4, 2020

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“…Fellow-citizens, pardon me, allow me to ask, why am I called upon to speak here to-day? What have I, or those I represent, to do with your national independence? Are the great principles of political freedom and of natural justice, embodied in that Declaration of Independence, extended to us? And am I, therefore, called upon to bring our humble offering to the national altar, and to confess the benefits and express devout gratitude for the blessings resulting from your independence to us?”

“…such is not the state of the case. I say it with a sad sense of the disparity between us. I am not included within the pale of glorious anniversary! Your high independence only reveals the immeasurable distance between us. The blessings in which you, this day, rejoice, are not enjoyed in common. The rich inheritance of justice, liberty, prosperity and independence, bequeathed by your fathers, is shared by you, not by me. The sunlight that brought light and healing to you, has brought stripes and death to me. This Fourth July is yours, not mine. You may rejoice, I must mourn….”

– from the “What to the Slave is the Fourth of July?” speech by Frederick Douglass (July 5, 1852)

On Wednesday, July 3, 1776, the future President of the United States, John Adams, wrote two letters to his wife Abigail. In one of the letters he theorized about the pros (like Canada being included in the declaration) and cons (like still having to deal with “The Hopes of Reconciliation, which were fondly entertained by Multitudes of honest well meaning tho weak and mistaken People…” ) of making the declaration earlier. He then wrote, “The Second Day of July 1776, will be the most memorable Epocha, in the History of America.

I am apt to believe that it will be celebrated, by succeeding Generations, as the great anniversary Festival. It ought to be commemorated, as the Day of Deliverance by solemn Acts of Devotion to God Almighty. It ought to be solemnized with Pomp and Parade, with Shews, Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this Continent to the other from this Time forward forever more.”

Meanwhile, Caesar Rodney rested and, on Thursday, July 4, 1776, he wrote a letter to his younger brother Thomas indicating, “I arrived in Congress (tho detained by thunder and rain) time enough to give my voice in the matter of independence… We have now got through the whole of the declaration and ordered it to be printed so that you will soon have the pleasure of seeing it.” He, like a good majority of the signers, would sign the finalized “Declaration of Independence” on August 4th – although others would sign all the way up until November.

“‘I’ve had enough of someone else’s propaganda.’ I had written to these friends. ‘I’m for truth, no matter who tells it. I’m for justice, no matter who it is for or against. I’m a human being, first and foremost, and as such I’m for whoever and whatever benefits humanity as a whole.’”

– from The Autobiography of Malcolm X: As Told to Alex Haley  (in reference to a 1964 letter to friends)

On Monday, July 4, 1803, President Thomas Jefferson announced to the American people that the French Emperor Napoleon Bonaparte had signed the Louisiana Purchase, thereby selling the territory of Louisiana. Per this agreement, the United States of America nearly doubled in size and France received 15 million dollars (approximately $18 per square mile) in exchange for 828,000 square miles – even though France did not control the majority of the land. The majority of the land was inhabited by Indigenous Americans. The land included in the agreement now makes up portions of 2 Canadian provinces (Alberta and Saskatchewan) and 15 states, including the entire states of Arkansas, Missouri, Iowa, Oklahoma, Kansas, and Nebraska; the majority of South Dakota, North Dakota, Montana, and Wyoming; as well as parts of Colorado, New Mexico, Texas, Minnesota, and (of course) Louisiana.

On Tuesday, July 4, 1826, Presidents John Adams and Thomas Jefferson both died. Adams’s last words were reportedly, “Thomas Jefferson still lives.” However, Jefferson did not; he had died mere hours earlier. While the may not have been his very last words, Jefferson had asked (the night before he died), “Is it the Fourth?”

On Monday, July 4, 1831, President James Monroe died. (His last words reportedly were a lament that he would never see his friend President James Madison again. Madison would die 5 years later; however he was a few days short of July 4th.)

On Saturday, July 4, 1863, General Robert E. Lee began to retreat from Gettysburg, which the North took as a sign that the Confederacy had lost the war. Lee’s retreat came after Union soldiers defeated the Confederacy at the Battle of Gettysburg (Pennsylvania, July 1 – 3), the Tullahoma Campaign (Tennessee, June 24 – July 3), the battle in Helena, Arkansas (July 4), the Fall of Vicksburg (Mississippi, July 4). The United States Army credits the Union success to skillful military strategy and the introduction of Christopher Spencer’s newly invented, seven-shot “Repeating Rifle,” which gave the Union soldiers the ability to shoot up to 14 rounds per minute (as a opposed to three rpm with the traditional muzzle-loading muskets).

Yoga Sutra 2.27: tasya saptadhā prāntabhūmih prajñā

– “A person [with discerning knowledge] has seven levels [of insight] the highest being ‘prajñā’ [intuitive wisdom]”

Yoga Sūtra 2.27 picks up on the idea that discerning knowledge or insight, which nullifies sorrow (or suffering) created by ignorance by breaking down the different levels, stages, or degrees of awareness/insight that lead to complete freedom. The seventh stage, the ultimate freedom or liberation from suffering, is a great accomplishment (siddhi) in itself comes with an extra boon: knowing the exact response to all situations. To understand the seven (7) stages, we go back to the first chapter of the Yoga Sūtras (1.17 – 1.18 and 1:42 – 1.51) where Patanjali breaks down two types of concentration/meditation – referred to as “lower Samādhi” (which requires a “seed” or object of focus) and “higher Samādhi” (which is “seedless”) – and notice how continuous, dedicated, and devoted practice without interruption changes the way we think and the way we perceive the material world.

The (4) “seed” Levels Where the Veil of Ignorance Thins:

  1. The practitioner begins to see cause and effect (of suffering) and cultivates “not afflicted” (or functional) thoughts in order to move away from suffering.
  2. The practice of cultivating “not afflicted” or functional thoughts attenuates or scorches the cause and conditions of suffering.
  3. The habit of the practice gains momentum and that realization fills the practitioner with unshakeable faith; one now practices for the sake of the practice.
  4. There is less inquiry (into cause and effect), because there is less anxiety. One is rooted in the thought-practice and is “…at peace. At this stage, trustful surrender becomes our nature.”

The (3) “seedless” Levels Where the Veil of Ignorance Begins to (and ultimately does) Disappear:

  1. The mind/intellect (which may now be referred to as buddhi) is illuminated, and fully aware of the true nature of all things – including itself.
  2. The buddhi becomes buddhi sattva, wise and stable there is no fluctuation of the mind, instead there is yoga (“union”).
  3. Samādhi as “Union with Divine” whereby pure consciousness (Purusha) enables the practitioner to see all as one.

“Commenting on this sutra, Vyasa makes a point of dismantling widespread confusion about yogis and their achievements. Long before Patanjali, and up to this day, poorly informed spiritual enthusiasts have been fantasizing about high-caliber yogis sitting in caves with their eyes closed, completely unconcerned with the outside world. Contrary to this stereotype, Vyasa calls the accomplished yogi kushala, one who is skillful. A yogi is skillful, for she knows the true nature of the world; the true nature of her body, mind, and senses; and the true nature of her core being. A yogi is free from all illusions, including the illusion of expecting more than what this world can offer. At the same time, a yogi is able to identify the wonderful gifts contained in the body, mind, and senses, as well as in the phenomenal world. Therefore, a yogi is able to discern, decide, and act in the light of her prajna. Because she is operating at the level of pure and penetrating wisdom of inner reality, she is confident about the appropriateness of her actions and their consequences.

While living in the world, a yogi is active as – if not more active than – anyone else. The only difference is that the actions of an accomplished yogi are free from doubt and fear, whereas our actions are contaminated by them. An accomplished yogi is comfortable while performing actions and equally comfortable when refraining from action. A yogi’s accomplishment is characterized by freedom, not by action or the absence of it.”

– commentary on Yoga Sūtra 2.27 from The Practice of the Yoga Sūtra: Sadhana Pada by Pandit Rajmani Tigunait, PhD

Please join me, on the path to freedom, for a 90-minute virtual yoga practice on Zoom today (Saturday, July 4th) at 12:00 PM. You can use the link from the “Class Schedules” calendar if you run into any problems checking into the class. Give yourself extra time to log in if you have not upgraded to Zoom 5.0.

You can request an audio recording of this practice via a comment below.

Today’s playlist is available on YouTube and Spotify. (The playlists are slightly different, but mostly with regard to the before/after class music. The biggest difference is that the videos below do not appear on Spotify.)

Who are you not seeing?

 

What to the Slave is the Fourth of July? (descendants in 2020)

 

What to My People is the Fourth of July

 

 

### Rest in Power, Rest in Peace: Elijah Al-Amin ###

Because Every Vote Counted (Part 3): more aptly titled “To Ensure Every Vote Counted” July 2, 2020

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[Surprise! This is an expanded version of two more events I mention during classes on July 2nd: the anniversary of the birth of Supreme Court Justice Thurgood Marshall and the passage of the Civil Rights Act of 1964. ]

“The issue in this case is not whether declaring a war on illegal drugs is good public policy. The importance of ridding our society of such drugs is, by now, apparent to all…. Precisely because the need for action against the drug scourge is manifest, the need for vigilance against unconstitutional excess is great. History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure.”

 

– Supreme Court Justice Thurgood Marshall in the dissenting opinion on Skinner v. Railway Labor Executives Association, 489 U.S. 602 (1989)

 

Freedom. Liberty. Independence. We’ve already established that when Caesar Rodney cast his vote for independence, today in 1776, his vote did not extend freedom, liberty, or independence to all humans within his territory. But, that is not the end of today’s story. Exactly 132 years after Caesar Rodney’s famous ride to cast a vote for independence, a baby boy was born to a railroad porter named William and his wife Norma, a teacher. This son, a descendant of slaves on both sides, would spend his whole life working to extend those freedoms to all and today in 1964 (on his 56th birthday) he would receive a great “birthday present” in the form of the Civil Rights Act of 1964.

But, I’m getting ahead of myself.

Let’s go back to Baltimore, Maryland on July 2, 1908.

William and Norma Marshall named their son Thoroughgood, which he would later shorten it to Thurgood. The Marshalls were a Black family, the descendants of slaves. William and Norma taught their sons about the Constitution and the rule of law. William even took his sons to listen to court cases, which the Marshalls would then debate. Thurgood Marshall would later say that those early debates with his father turned him into a lawyer. But he wasn’t just any lawyer: he was the “winning-est” attorney in the history of the United States Supreme Court (SCOTUS), the first African-American United States Solicitor General, and the first African-American to Supreme Court Justice.

“If the Son shall make you free, ye shall be free indeed.”

 

The Gospel According to John  (8:36) and motto for Lincoln University (Oxford, Pennsylvania)

 

“Veritas et Utilitas (‘Truth and Service’)”

 

– motto for Howard University (Washington, D. C.)

 

“None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody – a parent, a teacher, an Ivy League crony or a few nuns – bent down and helped us pick up our boots.”

 

– Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall referencing his SCOTUS successor in a Newsweek interview (dated October 28, 1991)

 

By all accounts, Thurgood Marshall was an excellent student throughout high school (graduating third in his class), but started college as a bit of a prankster. He attended Lincoln University in Oxford, Pennsylvania (halfway between Philadelphia and Baltimore) and graduated cum laude with a Bachelor of Arts degree in American literature and philosophy. His peers included Langston Hughes and Cab Calloway, who would become internationally renowned artists. Thurgood Marshall would become just as celebrated as Hughes and Calloway, but rather than pursuing literature, he earned a law degree from Howard University School of Law, graduating first in his class, and proceeded to change the world.

During the Civil Rights Movement, he argued and won more cases (29 out of 32) before the country’s highest court than any other attorney. After an equally notable career as an appeals court judge – notable in part because Senators from the southern states held up his appointment, causing him to serve the first few months in recess, and also because once he was able to serve none of his cases were overturned – Thurgood Marshall served as United States Solicitor General (winning 14 out of 19 cases). He then returned to the Supreme Court – this time as its first African-American Justice; the first in 178 years.

Both of Thurgood Marshall’s alma maters (Lincoln University and Howard University) are historically black universities (HBCUs). It wasn’t as if he never considered attending a school that was not an HBCU; he didn’t have a choice – segregation prevented him from attending institutions of higher education like the University of Maryland School of Law. In what some might consider an interesting twist of fate, he would not only become known for arguing Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), a school segregation case he argued in his mid-forties, his first major victory working with the National Association for the Advancement of Colored People (NAACP) was also a school segregation case: against the University of Maryland School of Law. At the age of 26, Thurgood Marshall joined his mentor Charles Hamilton Houston in representing Donald Gaines Murray in Murray v. Pearson, 169 Md. 478, 182 A. 590 (1936). Murray had been denied acceptance to the University of Maryland because of his race. In both Murray v. Pearson and Brown v. Board, Thurgood Marshall challenged Plessy v. Ferguson, 3 U.S. 537 (1896), and the doctrine of “separate but equal.” He won both cases, but only the latter case completely overturned the legality of school segregation.

“What’s at stake here is more than the rights of my client. It’s the moral commitment stated in our country’s creed.”

 

– Thurgood Marshall, NAACP attorney for plaintiff in Murray v. Pearson, 169 Md. 478, 182 A. 590 (1936)

As I referenced before, the Civil Rights Act was signed into law today in 1964 by President Lyndon B. Johnson. It prohibited discrimination based on race, color, religion, sex, or national origin. It would also outlaw unequal application of voter registration requirements and racial segregation in schools, work environments, and public accommodations. It also expanded the definition of “all men” (as written in the second sentence of the “Declaration of Independence”) to include all people. Over the years, there would be several landmark cases that impacted the application of the Civil Rights Act of 1964. One of those cases was decided almost exactly 56 years later (on June 15, 2020), when SCOTUS upheld a portion of the Civil Rights Act (Title VII) as it relates to sexual orientation and gender identity. In a 6 -3 decision, the highest court in the country affirmed that it is unconstitutional for an employer to fire someone for being gay or transgender. Clarence Thomas, Thurgood Marshall’s successor in that he is the only other African-American to serve on the Supreme Court, was one of the 3 dissenters.

Thurgood Marshall believed the death penalty was unconstitutional (Furman v. Georgia, 408 U.S. 238 (1972)) and supported a woman’s right to choose (Roe v. Wade, 410 U.S. 113 (1973)). He is not only remembered as a champion of Civil Rights, his name and his work are often mentioned in the same breath as the names and efforts of Rev. Martin Luther King, Jr. and Malcolm X. The three men had different backgrounds and so worked in different ways, even in different spheres; and yet they had the same aim: to expand those “unalienable Rights” detailed in the “Declaration of Independence” and ratified by the Constitution of the United States of America.

A spirit of strong conviction (first 5 minutes only)

 

Electric… but not an Electrician

“Like many anniversary celebrations, the plan for 1987 takes particular events and holds them up as the source of all the very best that has followed. Patriotic feelings will surely swell, prompting proud proclamations of the wisdom, foresight, and sense of justice shared by the Framers and reflected in a written document now yellowed with age. This is unfortunate. Not the patriotism itself, but the tendency for the celebration to oversimplify, and overlook the many other events that have been instrumental to our achievements as a nation. The focus of this celebration invites a complacent belief that the vision of those who debated and compromised in Philadelphia yielded the ‘more perfect Union’ it is said we now enjoy.

 

 

I cannot accept this invitation, for I do not believe that the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the Framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today. When contemporary Americans cite ‘The Constitution,’ they invoke a concept that is vastly different from what the Framers barely began to construct two centuries ago.

 

 – from speech given by Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall at The Annual Seminar of the San Francisco Patent and Trademark Law Association, Maui, Hawaii May 6, 1987

 

“And so we must be careful, when focusing on the events which took place in Philadelphia two centuries ago, that we not overlook the momentous events which followed, and thereby lose our proper sense of perspective. Otherwise, the odds are that for many Americans the bicentennial celebration will be little more than a blind pilgrimage to the shrine of the original document now stored in a vault in the National Archives. If we seek, instead, a sensitive understanding of the Constitution’s inherent defects, and its promising evolution through 200 years of history, the celebration of the “Miracle at Philadelphia” Bowen, Miracle at Philadelphia: The Story of the Constitutional Convention May to September 1787 (Boston 1966), will, in my view, be a far more meaningful and humbling experience. We will see that the true miracle was not the birth of the Constitution, but its life, a life nurtured through two turbulent centuries of our own making, and a life embodying much good fortune that was not.

 

Thus, in this bicentennial year, we may not all participate in the festivities with flag-waving fervor. Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over much of what was wrong with the original document, and observe the anniversary with hopes not realized and promises not fulfilled. I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and the other amendments protecting individual freedoms and human rights.”

 

– conclusion to the speech given by Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall at The Annual Seminar of the San Francisco Patent and Trademark Law Association, Maui, Hawaii May 6, 1987

 

 

### MOKSHA • MUKTI ###