REVERSE GENOCIDE OF AFRICAN AMERICAN MALES:
Declare Economic Grandfather Clause Unconstitutional

Presentation at the Black American Political Association of California (BAPAC)

18th Annual Meeting

Sacramento, California -- October 12, 1996

By Glenn E. Burress, PhD*

Table Of Contents

Introduction [Table of Contents]

We lose wars when we do not know the game plan of the enemy. We lose still more wars when the enemy convinces us that he or she is our friend. In the ongoing race war in America I know of only one African American who knows the enemy's game plan and who has the courage to name so-called friends of African Americans as enemies. She is Ida Sydnor, who asked me to speak today. It is because there is only one Ida Sydnor that every major battle in this race war since the mid-sixties has been lost by African Americans. A 1974-78 Congressional investigation of my whistleblowing proved what is now recorded as the 1969-96 U.S. crime against African Americans. That crime is documented in Chart 1.

The response of Congress and all others since then validates a lesson from Watergate: Criminal issues require judicial fact-finding. So long as a criminal issue is treated as a political issue, justice is impossible -- especially when the criminal controls the politics and therefore the discovery of facts. In short, this is an issue for the courts rather than for political debate. This same experience teaches that all future battles in this race war will continue to be lost until African Americans start following the example of Ida Sydnor. That means that we must name the enemies and support justice in the courts as in Brown v. Board of Education.

Chart 1 plots the median income of all African American families as a percentage of the median income of all white families since 1947. One way to define the prize of the civil rights movement is permanent and full parity for the average income of African Americans with that of whites at 100 per cent on the Chart. The crime against African Americans since President Nixon took office in 1969 is there on the Chart for all to see. Until then we were on track with full parity projected within ten years.

However in June 1969, African Americans agreed with Nixon that the best way to win the prize was temporary affirmative action. Affirmative action did more for individual African Americans than any other program. It was and is a good program and is needed more now more than ever, but only because African Americans let Nixon redefine the prize while his economists used policy under the Employment Act to undermine the entire Black race at home and abroad.

We scientists blew a whistle on Nixon's racist jobs policy in 1969: We warned that with affirmative action Nixon had thrown a bone to individual African Americans in order to take our their eye off the prize -- parity for the entire race -- while reducing income of all African Americans relative to whites. (We made the same complaint when he did the same thing with inflation policy,* and both race and inflation policies have necessarily failed.) Chart 1 shows that the median income of African American families relative to white families peaked in 1969 and since then has fallen sharply due to what I define as the economic grandfather clause. Observe that by 1993 this measure had fallen below all recorded levels since World War II except those of 1947, 1949, 1958 and 1959. In short, all economic gains for African Americans since the Civil Rights Act of 1964 have been eradicated. The nation let a Nixon* trick divert the civil rights movement from the prize. For more on this unconstitutional fraud see the Appendix.

*Some will recall Nixon price controls. Nixon did control some individual prices to direct attention away from policy that increased the inflation rate. Inflation policy is still locked into that paradigm that necessarily fails. I have written at length about that twin problem.

Let Us Look at the Economic Grandfather Clause: [Table of Contents]

The political grandfather clause held that citizens whose ancestors did not vote before the Civil War could not vote unless they passed a voting test. One lasting impact of slavery is that African Americans are vastly over-represented among the middle class and poor and under-represented among the rich. We scientists offer proof that on November 15, 1964, new guidelines for policy under the Employment Act of 1946 were adopted with the off-the record but declared intent of circumventing the Civil Rights Act of 1964. Policy that had increased employment opportunities for the middle class and poor was reversed. Due to jobs required by the Vietnam War there was little initial impact. However since 1969 this federal law has been used to reduce economic opportunities of the middle class and poor and increase them for the rich. Given that a continuing impact of slavery has been to keep African Americans among the middle class and poor, the machinery of the Employment Act of 1946 has been used unconstitutionally to restore an economic version of the economic grandfather clause and to keep African Americans enslaved.

Observe that like the voting rights grandfather clause, the economic rights grandfather cause is racially neutral on its face. The political grandfather clause was declared unconstitutional by the U.S. Supreme Court in 1915 and African Americans will continue to be enslaved and lose every major battle in this race war until the economic rights grandfather clause is declared unconstitutional. As explained below, three rulings of the California Supreme Court and four rulings of the U.S. Supreme Court since 1993 have protected the denied employment opportunities to African Americans. Hence arguments that Proposition 209 should be passed because there are no longer any laws that deny employment opportunities to African Americans falls flat on its face. It is a myth!

We need rigorous definitions. The economic grandfather clause is defined and illustrated in Panel B of the Table as the Prescription for Failure. In that case, national economic problems are solved by increasing poverty or unemployment. This was U.S. policy during 1929-41, 1957-60, 1965-75.1Q and since July 1976. In contrast, under the Prescription for Success in Panel A national economic problems are solved by processes that will eradicate poverty and unemployment. This was policy during 1921-29, 1941-56, 1961-64 and 1975.2Q-76.2Q. (Q denotes quarter.)

We scientists show that as it was first used, the economic grandfather clause halted the Harlem Renaissance in the 1920s. The lame excuse cited by non-scientists was the 1929 Stock Market Crash. I offer proof that as the war plan of racists the same clause was then written into federal computers at the White House on November 15, 1964. I heard arguments at the White House in September, 1964 that this was necessary "to prevent prostitution of economic policy by the Civil Rights Act of 1964." That law had been enacted nine months earlier. The same clause or war plan was been in place since July, 1976 and was then imposed with a vengeance in October, 1978. In 1978 the intent was to destroy the rising political power of Muslim nations that were flexing their muscle through OPEC due to the power of black gold or crude oil. I predicted the dire consequence on these acts at White House meetings to which I was invited in September 1964, June 1976, and in a wire to the House-Senate Conference Committee on the Carter Energy Bill on February 22, 1978. That 5,000-word wire was requested by Rep. George Mahon, Chair, U.S. House Appropriations Committee, and it is available upon request.

The Choice:
Win the Race War or Keep Losing Battles: [Table of Contents]

By removing the economic grandfather clause the race war can be won by restoring parity of economic rights of the races just like the Civil Rights Act of 1965 restored parity of voting rights of the races. But this will be possible only if we muster the courage to keep the eyes on the prize. We must confront those who live in denial and therefore cover up the truth about this international crime of the United States against Blacks portrayed in Chart 1.

Computer scientists identify the racist war plan programmed into federal computers exactly as they identify computer programs used to rob a bank -- or as they identified the racist use of computers by South Africa to administer apartheid. They will also confirm that the federal computers are used to test the economic and social theories of both Black and white social scientists in what operates as an international version of the Tuskeegee Experiment.

Consider casualties of that experiment, where each is as fully within the control of those conducting this experiment as the casualties from the Tuskeegee Experiment. One is the rising racial disparities in the rates of both unemployment and incarceration of young African American males. Another is the rising racial disparities in the infant mortality rate. Still another that needs more attention is the federal report that the mortality rate for African Americans is 73.9% higher than that of whites. For documentation see the attachments following the appendix. As a result, deaths of African Americans are 60,000 higher each year than for an equal number of whites. Observe that the annual figure by which deaths of Blacks exceeds that of whites is greater than the total number of all recorded deaths due to AIDS as well as the total number of all U.S. fatal casualties in the Vietnam War.

Still another casualty of the economic grandfather clause is that the inflation adjusted income of Black males has fallen 6.7% since 1973 while that same measure for Black females has risen 31.8%. This is the expected consequence when federal law frees whites to act out their worst fears of young Black males and hire females but not males. I formally allege that the same judicial procedures used to prove criminal intent in a murder trial can generate proof that the accelerating oppression of young Black males is not only with intent but reflects a lasting impact of the attitudes that denied justice to Dred Scott.

The unlawful racial discrimination since 1969 as well as each of these separate casualties represent distinct counts of genocide as genocide is defined in both federal and international laws (attached here following the appendix). Study the language of these laws. Observe that genocide includes not only deaths of members of a class reported here but also most class-based oppression even where there are no deaths.

The genocide reflects the fact that the economic grandfather clause contains a removable counterpart to an HIV virus that hits young African American males hardest as whites act out their fears. Until it is removed, that fatal virus will keep spreading through the body politic and trigger not only the disintegration of the Black family and culture but also the continued accelerating failure of the global socio-economic system first predicted in 1967.

The Crime Is Documented in the Public Record: [Table of Contents]

Under the leadership of the late Senator Hubert H. Humphrey, the U.S. Congress developed this evidence in a 1974-78 investigation in which I offered testimonies for a dying breed of scientists. Sen Humphrey died in 1977. Neither the White House Office of Science nor I could convince the Congressional Black Caucus or others in Congress to complete the investigation and expose the coverup. We decided to file lawsuits. But no Black or white lawyer could represent us under rules of bar associations which define these lawsuits as frivolous. Lawyers in the U.S. Justice Department in Washington D.C. told me that I could not be represented for the same reason that members of the bars in the Deep South could not represent slaves.

Encouraged by staff in the U.S. Department of Justice, I studied law and filed the lawsuits myself. They alleged numerous unlawful acts of the defendants to deny the civil rights of we whistleblowing scientists. There have been pleadings in nine California Courts including three times in the California Supreme Court and six times in the federal courts including four times in the U.S. Supreme Court. Not one word of testimony or oral argument has been allowed -- notwithstanding affidavits filed by independent and noted experts. One expert is Dr. Robert Eggert, retired Senior Vice President and Chief Economist of RCA Corporation who was sent to Russia by President Bush to advise and assist President Yeltsin. Unless California or federal law is enacted to require courts to hear these cases, we will be required to sue all courts, past defendants, the University of California (a named co-conspirator), bar associations and others, in the World Court in 1998. We will allege that these unlawful acts are not only prohibited by the federal "Genocide Convention Implementation Act of 1987" (The Proxmire Act) (18 U.S.C. §1091, seq.) but that complicity in each case is also made criminal by the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. These are the two attached laws.

African Americans Must Know their Enemies: [Table of Contents]

The enemy is all trusted leaders who participate in cover up of the federal statistics in Chart 1 and the associated proof of international crime against Blacks. The primary enemies are Black and white PhDs in history, economics, political science, sociology, law and theology at places like Harvard, Princeton and Yale and their cohorts at colleges and universities throughout the nation. I define them as "scholarly non-scientists."

The enemy also includes all African Americans and their organizations who become informed and elect to remain silent and therefore join in the cover up. This includes members and leaders in local organizations who refuse to call their national leaders into accountability for electing to remain silent. The enemy is also all teachers of African American studies and others who instruct young African Americans about the voting rights grandfather clause but fail to teach them that they suffer continued enslavement due to an economic grandfather clause. Under international human rights law, once informed, silence in every case is a punishable criminal act -- criminal complicity in criminal genocide.

Consider how the influence of white ideology denies African Americans the facts required to win the race war. Consider the case of two of the must respected spokespersons for African Americans: Cornell West, a professor of Black studies at Harvard University and Stephen Carter a professor of law at Yale. In order to earn a PhD to teach Black history or a law degree to teach civil rights laws at these respected universities, these brilliant African Americans first had to become experts in the ideology of whites who grant PhDs. The same is true for other African Americans who earn BAs, MAs or even PhDs in white ideology in colleges and universities throughout the nation.

Therefore the most educated African Americans combine with the most educated white Americans to repudiate the power of science to generate these proofs. As a result African Americans recognize only non-scientific tools to fight the race wars. And they reject the possibility that those who keep winning the race war do so because they impose their ideology on the world by misusing the scientific models refined by we scientists in the 1940s and 1950s in order to prevent economic oppression of outgroups.

What is worse, we scientists offer proof that the non-scientific methods in which African Americans are educated requires their own criminal genocide. This is true in the same sense that the courts have ruled that if faith healers disconnected a life support system the consequent death would represent criminal homicide.

Observe that with non-scientific methods required by white ideology no one can verify or validate these scientific proofs for the same reason a faith healer cannot verify or validate that a child is dying of a ruptured appendix -- or that through unsafe sex one can become infected with the HIV virus. However only those who are slaves to white ideology argue that a proof by we scientists that the race war is being won with a computerized economic grandfather clause is invalid because the proof cannot be verified or validated with the methods of non-scientists.

Observe what this means for Black history. Those who earn a PhD in Black history based on their mastery of white ideology will be unaware that they know nothing about this international crime against Blacks. How can it be honest Black history if the most respected directors of African American studies at places like Harvard University teach only Black history based on white ideology? How can it be Black history when it is based on a revision of history so that Blacks know nothing about the use of scientific methods to impose racial oppression with the economic grandfather clause during 1929-41, 1957-60, 1965-75.1Q and since mid-l976 (see Table)? How can Black history fail to report that events of 1941, 1961 and 1975.2Q prove the following. Like cooling a room that is too hot with an air conditioner, the use of economic policy for racial oppression can be reversed easily and quickly. Moreover dramatic evidence of renewed liberation of African Americans can be recorded in official statistics within 60 days.

Cohorts of these enemies of African Americans are Black and white legislators and judges who are trained in white ideology at our colleges and universities. Hence in good-faith they have refused to permit testimony in legislative hearings since 1978 or in any one of fifteen courts of law since 1991. More on that later.

These are the reasons why the brilliant African American jurist, The Honorable Leon Higginbotham, a non-scientist, declared in a 1995 speech at the Law School at Howard University: The tactics of racial oppression today are "as formidable but more clever than Governor Wallace, Governor Barnett and Governor Faubus combined." However we scientists offer proof that the tactics of racial oppression since 1964 have only become more clinical -- in the same sense that scientific Nazi ovens were more clinical and therefore more acceptable than firing squads. This is why I wrote the Judge on February 28 1995: "White social scientists have done to Blacks what Nazis did to Jews with only a nominal cultural difference between Nazi concentration camps and the incarceration of [young] Black males and a racist death penalty."

Let Us Look at History for Remedies: [Table of Contents]

All crimes against humanity since Jeremiah teach a few simple lessons that identify what we must do to end this violent crime against Blacks. You will recognize that these lessons are taught by slavery, oppression of Irish Catholics, Nazi Germany, South Africa, Iran, Bosnia as well as the current U.S. use of the economic grandfather clause for the political oppression of the middle class and poor in not-so-covert racism.

Lesson One: The crimes take the form of redistribution of income and wealth from the oppressed to the oppressor.

Lesson Two: The ultimate authority is always religious leaders who exercise the most important power in any society -- moral authority. As Pascal said, "Men never do evil so completely and cheerfully as when they do it from religious conviction."

Lesson Three: Non-violent remedies take the form of either political debate or judicial relief for the oppressed. A system of law that provides neither political nor judicial relief is a system of law that promotes violence and terrorism.

Lesson Four: When political debate fails, the oppressed turn to the courts. Judges who refuse to grant judicial relief therefore give the authority of law to accelerating racial violence and terrorism. Prime examples are Dred Scott and my own cases. The judges submitted to the illegal undue influence of moral authority cited by defendants.

Lesson Five: Violence, riots and terrorism will continue until legislators require the courts to hear these cases. More generally, the origin of violence, known as the Civil War and violence today in undeclared civil war, is the same: Judges who give the authority of law to political oppression. Request my paper, "Dred Scott Revisited."

What Specific Remedies Flow from these Lessons? [Table of Contents]

Today violence in undeclared civil war in Sacramento, the nation and the world is propelled by California and federal courts that have also been blinded by the evil use of moral authority of Presbyterian Churches nationwide, the Sacramento Presbytery and the Unitarian Universalist Society of Sacramento. These religious organizations and their pastors and ministers exploited their status and trust and convinced these courts to repeat their error in Dred Scott. Sympathetic local judges have told me that we need to get California legislation which requires them to grant a trial to bring these moral leaders into accountability.

We also need new California law which defines conduct of staff at the University of California (historians, economists, political scientists, sociologists and lawyers) based on a racist revision of the history of science as unconstitutional negative acts. Those acts protect the use of computer science for racial oppression and are therefore a violent threat to the general welfare. Given these scientific proofs, it follows that such conduct by the University of California is no longer protected academic freedom under the First Amendment of the Constitution of the United States. Moreover said conduct is a more direct violation of Article I, Section 4 of the Constitution of the State of California, the "Liberty of Conscience Clause" which states: "This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace and safety of the state." The need for these laws are issues for the Black Caucus of California in the California Assembly and the Congressional Black Caucus.

We need social action such as picketing every Sunday morning to protest the racist abuse of the courts by Presbyterians and Unitarian Universalists.

We should also plan now to use these scientific proofs in a law suit for the invalidation of Proposition 209 if it passes. (see Appendix)

The Policy Council on Violence of Attorney General Daniel Lungren has relied on experts who suppress this evidence. One of those experts is Dr. Edward Rudin, a psychiatrist who is Chair of the Violence Study Group, Sacramento Area Physicians on Social Responsibility. Dr. Rudin told my wife and me that he will not permit this evidence to be heard by local physicians so that they might report it to the Attorney General and their national counterparts. We need protests and picketing of these Sacramento physicians to support intervention being planned now by the Black Psychiatrists of America.

The staff of the Advisory Committee on Racial and Ethic Bias in the Courts appointed by the California Judicial Council has taken the same position as Dr. Rudin when asked to provide a forum to explore the origin of racism in California courts. This was true despite strong support from staff of the California Judicial Council. This history with California judges and their staffs should be the initial focal point of legislative hearings to flesh out the issues. I have prepared a resolution for such a hearing. I should also add that the staff has told me that the California Judicial Council would be very sensitive to picketing to protest coverup by this council of judges.

Let us work for these new laws with informational picketing of these Sacramento churches, the Sacramento Area Physicians on Social Responsibility and the Sacramento offices of the California Judicial Council.

APPENDIX [Table of Contents]

A Prototype Scientific Proof: Affirmative Action:

Let me illustrate the scientific analysis with an examination of affirmative action -- analysis that California African American leaders have failed to use in their campaign against Proposition 209 for more than a year.

It is obvious that during 1969-78 the economic status of a large number of individual African Americans was improved relative to individual whites. However a common sense axiom of both science and the struggle of the oppressed worldwide is that one cannot rely on reliable knowledge of individual members of a group for reliable knowledge of the whole group. The best measure we have of the status of African Americans as a race relative to whites as a race is the median income of African American families as a percentage of the median income of white families. Chart 1 on the first page of the hand-out plots this relationship since 1947.

Observe that when affirmative action was made formal policy in 1969, the status of African Americans relative to whites ceased its rise, held constant for 1970 and then went into a nose dive. This was because the war plan described here as the economic grandfather clause was introduced on November 15, 1964 and was first applied with vigor by the Nixon Administration in early 1969. As a result the U.S. unemployment rate rose from a non-annualized 3.4% when Nixon took office to 9.2% in May, 1975 as the unemployment rate among African Americans rose from a non-annualized 6.4% to 14.4%.

As a result, the combined effect of affirmative action for African Americans who kept their jobs, and an increase in the unemployment rate from 6.4 to 14.4% among African Americans who lost their jobs, was not only a reduction in the status of the race relative to whites shown in Chart 1, but an increase in the income inequality among African Americans that was 22.6% faster than among whites since 1966. Some evidence that reflects the combined impact of Affirmative Action and the economic grandfather clause (increased poverty and unemployment) is summarized in Chart 2. This is a process that not only triggers increased racial violence but increased Black violence against Blacks.

The denial of job opportunities for African Americans since 1969 is an unconstitutional use of federal authority of the Employment Act of 1946. Opponents of affirmative action such as Ward Connerly have declared that if laws were being used to deny jobs to African Americans, then he would not be advocating Proposition 209. Hence we have scientific proof that this Proposition has been misrepresented to California voters. This scientific proofs should be used to secure its invalidation if it passes.