Eddie Murphy once said, "My friends always
told me: 'You better not go to Texas! They'll f*** you up!'" For
African Americans in particular, that state has a troubling legacy
of racism and violence.
In recent years, there was the dragging death
of James Byrd in Jasper, Texas, and the mass arrests of the Black
population of Tulia, Texas on bogus drug charges.
These days, it seems that the individuals and
ideas that are doing the most damage to America come out of Texas.
Is it something in the water? The air, perhaps? Sadly, the people
of Texas are determined to scrape the bottom of their state barrel,
collect whatever it is they have scraped up, and present it to
the rest of the country as a cruel and tasteless gift.
Of course there was Karl
Rove, the "dirty-tricks" Nixon
protégé who masterminded the criminal enterprise that is the
current White House.
There was attorney general,
Alberto Gonzales, crony extraordinaire who placed loyalty to
the president above
all else, including the Constitution. There was Tom Delay, exterminator
and former G.O.P. congressman who gerrymandered the Texas electoral
map into a Republican majority, and was indicted for money laundering
and conspiracy to violate election laws.
There was No Child Left Behind, a sham program
based on smoke and mirrors, a Texas model for high-stakes, corporate-style
accountability in the schools that cooked the books, Enron-style,
and covered up the high dropout rates of Black and Latino students.
Most of all, there is the Decider himself, the
commander-in-chief who arguably was elected to the presidency
twice through theft, and appealed to some people, at least initially,
because he was the type of person with whom you wanted to have
a beer. Of course, and not surprisingly, history already has
been written on the worst presidency in American history, before
the repudiated Bush presidency has even ended.
As governor of Texas, Bush
presided over a killing machine that is the state's death penalty
system. Recently, Texas
executed its 400th person since reinstating capital punishment
in 1982. And the state, while only 10 percent of the U.S. population,
has been responsible for one third of the executions. We will
never know how many innocent people have been sent to their deaths
under the hick town justice of the Lone Star state.
A direct descendant of the
extrajudicial lynchings so popular in the Jim Crow-era South,
the death penalty in Texas
is a product of frontier justice: racist, expedient, and
arbitrary. And it is particularly popular among conservative
evangelical Christians. It is no accident that 41 percent of
death row inmates in Texas are Black, or that 79 percent of Texas
executions involve a white victim. And a public defender system
is a new concept in Texas. Remember, this is the state where
a court once upheld the conviction of a man whose lawyer slept
during trial. And they had no trouble executing juveniles and
the mentally retarded until prevented from doing so by the Supreme
Court.
The case of inmate Kenneth
Foster is a good example of all that is bad about the death
penalty, and the way
in which Texas metes out its curiously arbitrary, sketchy and
racially-tinged form of punishment. Foster was sent to death
row under a questionable Texas law known as the law of parties.
Under that law, the death penalty is imposed on anyone involved
in a crime where a murder took place. This means that you don't
actually have to kill anyone in order to receive a death sentence.
As for Foster, who is Black, he was driving a car with three
passengers, one of whom left the car, got into an altercation
and shot a man to death in 1996.
Apparently, the law of parties was too problematic
even for the current manager of the Texas killing machine, Gov.
Rick Perry. Foster's state-sponsored murder was scheduled for
August 30, 2007, amid statewide protests and calls from the European
Union that Texas enact a moratorium on the death penalty. Perry
responded to these outside agitators: "230
years ago, our forefathers fought a war to throw off the yoke
of a European monarch and gain the freedom of self-determination.
Texans long ago decided that the death penalty is a just and
appropriate punishment for the most horrible crimes committed
against our citizens. While we respect our friends in Europe,
welcome their investment in our state and appreciate their interest
in our laws, Texans are doing just fine governing Texas."
Then, days later, despite
his tough talk, the governor stopped Foster's execution, the
first such intervention
of his seven-year tenure. This happened following a 6-to-1 vote
by the Texas Board of Pardons and Paroles, recommending a commutation
of his sentence to life. An unusual occurrence, to be sure,
but it shows that even a backward state such as Texas is susceptible
to public pressure and international outrage.
Sparing Foster's life is
a step in the right direction, but it can't stop there. Texans
must resist the stranglehold
that its regressive forces have on their state. The Texas Republican
Party runs Texas. The state party's platform, which can be viewed
as a blueprint for Bush's policies, proclaims that "the
United States of America is a Christian Nation," and that "Our
party pledges to exert its influence to...dispel the 'myth' of
the separation of church and state." It also states that "We
reject the establishment of any mechanism to process, license,
record, register or monitor the ownership of guns."
Further, "[t]he
Party supports the termination of bilingual education programs" and "urges
Congress to repeal government-sponsored programs that deal
with early childhood development, and phase them out as soon
as possible." The Texas GOP platform also prohibits
reproductive health care services in high schools, opposes
the Endangered Species Act, and hopes to rescind U.S. membership
in the United Nations.
To be sure, there is a long tradition of great
Texans who have dared to speak truth to power and fight to make
things right. The late Barbara Jordan, Mickey Leland and Molly
Ivins, as well as Bill Moyers and Jim Hightower are but a handful
of people who come to mind. However, it seems that the generous
spirit these people represent is being forsaken. The good people
in Texas need to have their voices heard, and must refuse to
allow the state's bottom feeders to speak for them. Come on Texans,
prove me wrong.
David
A. Love is an attorney based in Philadelphia, and a contributor
to the Progressive Media Project and McClatchy-Tribune News Service.
He contributed to the book, States of Confinement:
Policing, Detention and Prisons (St.
Martin's Press, 2000). Love is a former spokesperson for
the Amnesty International UK National Speakers Tour, and
organized the first national police brutality conference
as a staff member with the New York-based Center for Constitutional
Rights. He served as a law clerk to two black federal judges. Click
here to contact Mr. Love.