A little legal history from and for the unlearned
The expectations of Caribbean Americans, other minorities from the Biden-harris Administration
WE can parrot it from memory, no doubt, though you and I are not lawyers — thus ‘unlearned’ in legal terms. Given what’s trending in the USA, the maxim may irritate and disgust you if you are a Trumpite, but perhaps delight and even excite you if you are not. The maxim is: No one is above the law.
Do you know the historical taproots of this maxim? No? I thought as much, but I am here to help.
Fair warning, the taproots are unquestionably Christian, so if you have an animus with Christianity or Christians, fetch whatever you normally resort to for upset stomach or indigestion.
The legally entrenched idea that no one is above the law had its genesis in an encounter between an emperor and a bishop in the fourth century of this era, and got two other shots in the arm from the British Magna Carta in the 13th century and a bombshell of a book written by a clergyman in the 17th century.
In AD 390 some people in Thessalonica rioted, arousing the anger of the Christian emperor, Theodosius the Great. He overreacted, slaughtering some 7,000 people, most of whom were innocent. Bishop Ambrose, who was located in Milan — which was also where the emperor lived — did not turn a blind eye to the emperor’s vindictive and unjust behaviour. He asked him to repent of his massacre. When the emperor refused, the bishop excommunicated him.
After a month of stubborn hesitation, Theodosius prostrated himself and repented in Ambrose’s cathedral, bringing tears of joy to fellow believers. (Alvin Schmidt, Under the Influence, p 250 and Paul Johnson, A History of Christianity, p 10)
The emperor, too, was under the law, and Ambrose would not allow the emperor or others to forget that.
Nor can we forget the significant influence of the Church, through the Archbishop of Canterbury Stephen Langton and his Christian colleagues on the British Magna Carta (the Large Charter) of 1215, which gave new rights to barons and the people in general, and which also challenged the notion of the king being above the law. Langton is also said to be behind the origin of chapters and verses in English translations of the Bible.
Rev Samuel Rutherford, a Presbyterian, wrote his Lex, Rex: Or the Law and the Prince in 1644. The main thesis, as implied in the title, is that the law is king, and so the king is under the law and not above it, a notion that was regarded as treasonously contrary to the tradition of the ‘divine right of kings’. The international impact on the judiciary of Christian legal pioneers and other outstanding lawyers/ jurists has been spectacular and continues into the present.
The “Father of International Law” is the 17th century Dutchman Hugh Grotius, whose seminal work on international law was De Jure Belli ac Pacis – On the Law of War and Peace. It is not enough well-known that this same brother in Christ wrote in 1623 the first modern textbook on Christian apologetics (De Veritate Religionis Christianae – On the Truth of the Christian Religion) in which he “marshalls the evidence for the resurrection and subjects the claims of the eyewitnesses to the resurrection to cross-examination” (cited in Craig Parton, The Defence Never Rests, p 97). Simon Greenleaf, that 19th century professor of evidence at Harvard, acknowledged as the greatest living scholar on evidence at the time, also applied his professional skills to an investigation of the truthfulness of the Gospel writers. In his book The Testimony of the Evangelists: The Gospels Examined by the Rules of Evidence — still a classic in apologetics — he concludes “By finding that the Gospel writers withstand the most rigorous scrutiny and that their eyewitness testimony would be admissible in any court of law in the country.” (Parton, p 88)
Closer to our time, “Lord Hailsham, former high chancellor of England moved from unbelief to Christianity… on the basis of his investigation of the evidence for Christian faith.” (Parton, p 88)
I mention now with pride my intellectual father and friend Professor John Warwick Montgomery, beyond controversy he’s the leading living advocate of evidential and legal apologetics. He is the holder of 11 earned degrees and is — ponder this well — an American attorney, a French avocat, and an English barrister (Middle Temple, Lincoln’s Inn), author of over 60 books in six languages in law, apologetics, philosophy, theology, and history. He is ordained in the Lutheran Church (Missouri Synod) and has lectured briefly in Jamaica, including a lecture at Norman Manley Law School.
The legal profession in Jamaica and a few other Caribbean countries has benefited from the expertise of several Christians, the most recent chief justices of Jamaica are committed Christians — Lensley Wolfe, Zaila Mccalla, both Anglicans; and Bryan Sykes (Baptist), and if you check the top legal posts in the judiciary in Jamaica you will discover many Christians, among them our attorney general, solicitor general, judges, director of public prosecutions, and others.
Rev Clinton Chisholm is a retired Jamaica Baptist Union pastor and former academic dean of the Caribbean Graduate School of Theology. Send comments to the Jamaica Observer or clintchis@yahoo.com.
AMERICA has a new Administration. Like all other immigrant communities, Guyanese-americans and other communities of colour, too, have similar legitimate concerns and issues. Over the years, these groups have been climbing the social, economic, professional, and political ladders, and have established themselves as one of the main pillars of American structure.
Intrinsic in these vested interests, our expectations also are on the rise. This has been buoyed by the fact, for the first time in our history, a person of both Indian and Caribbean heritage, VicePresident Kamala Devi Harris, occupies this high position. She is literally a heartbeat away, God forbid, from the highest post in the world — the president of the United States.
So what are the prospects of Guyanese and Caribbean American communities in the Biden-harris Administration that resoundingly voted for change? What issues would we like the Biden Administration to prioritise?
We have fought long and hard for this day, which has ushered in the new Bidenharris Administration. We have paid our dues in all areas of American life, as taxpayers, voters, immigrants, US citizens, professionals, publishers, teachers, workers, labourers, day care, and diplomats — indeed, in every area of life. We have collectively helped to build the American Dream.
When I first ran for public office in 2005 I was the only person of minority heritage running, and I knew then that my efforts would have been a pioneering effort and precedent that has been the forerunner for several “new Americans” being elected today. This has now taken root, and gives us all voices in city, state and federal governments. Now, we have a vice-president; Congress members; governors; mayors; state, assembly and city council members; ambassadors; and other high-profile office holders. Our journey, which began with small steps, have entrenched us all in American life, and must continue.
There has been an unconscionable disparity in the COVID-19 vaccine distribution, which has short-changed many minority communities, many of which included Guyanese American communities, like Richmond Hill, South Ozone Park, and Ozone Park (“Little Guyana”). This has caused disproportionate and systemic deaths, pain, and suffering in our communities of colour, and is reflective of the institutional barriers Caribbean Americans and other minorities have been suppressed with.
Richmond Hill, South Ozone Park, and Ozone Park have been reduced to ghost towns, with the painful closure of many small businesses, foreclosures, and the debilitating reality that we are ‘ground zero’ in the ravages of the pandemic. We will need accelerated city, state and federal resources to get us back on our feet.
This is a wake-up call for all of us. Our journey is far from complete, although many gains have been painstakingly wrought. We must continue to fight for inclusion, empowerment, and respect from our fellow Americans, as we sacrifice and aspire to a common goal of making our nation more perfect, and tolerant, and much more inclusive.
Consequently, much is expected of the new Bidenharris Administration. Whereas some brilliant and deserving Caribbean Americans have been installed in some functions and positions, we wish to see Cabinet positions, diplomatic positions, advisors and federal civil service positions being given to our many qualified brothers and/or sisters in every level of government. We are as good, and as deserving, as anybody else.
We also wish to see more positive changes and improvements, especially in the immigration, justice, civil rights, and labour laws. The roll-back of anti-immigrant measures have been heartening. We have distinguished ourselves in the sciences, technology, professions, indeed, in every walk-of-life.
More professional work visas (H1-BS), and green cards, like Caribbean nurses, physicians, scientists and teachers must be extended to Caribbean Americans, and other emerging groups, by admitting the brightest people from around the world.
All Dreamers must have a quick path to US citizenship. Amnesty will result in more revenue and accountability to the Government, and enhance public safety by bringing people out from the shadows. Better wages, the right to unionise, especially our taxi drivers and other gig workers, freedom of religious worship, mutual respect for all cultures and religions, equitable enforcement of the laws, and the eradication of hate crimes, must be addressed, as all have a stake in this.
America must also improve international relations with the Caribbean and be a powerful ally on our side, like fighting back against the bullying tactics of Venezuela to seize and occupy 2/3 of Guyana’s oil-rich territory, and in eradicating the drug trade. Unemployment benefits, saving small businesses, universal health care, upgrading area schools and hospitals, transportation and other infrastructures, and redirecting resources to areas where they are truly needed — like away from the Us-mexico wall — eradicating hate crimes and hate mongers should be priorities.
At this year’s redistricting, we demand the end of the gerrymandering of city, state and congressional seats, which have suppressed our communities of interest and stagnated our voices and demands. Little Guyana must be united politically, socially, and economically, and thus be able to speak with one voice to address our common issues and concerns, instead of being divided into several districts that have diluted our power.
We must also have equitable access to medical care and education, unemployment insurance, job, trade and educational opportunities, corporate social responsibility, strategic and trade alliances, and deter international and domestic terrorism.
These initiatives will not only make American great again, but more tolerant and inclusive, and more competitive in the world economy, while being a well-respected leader in world affairs. It will also widen the base of support for the Biden-harris leadership, and convey the message that they care.
Albert Baldeo is a community activist, civil rights leader, advocate, and president of the Baldeo Foundation and Civil Rights Center. Send comments to the Jamaica Observer or abaldeo16@ gmail.com.