Posts Tagged ‘Amicus Curiae’

Satyagraha in Manhattan and the Americas

April 11, 2008

The MET is staging Satyagraha in New York City. Philip Glass‘s 1979 opera about Gandhi’s life and philosophy of “holding on to truth” is a spectacle which makes me wish I were in Manhattan for a matinee. Julian Crouch, one of the artistic directors of Improbable Theater Company of London, stated that the giant puppets of this opera were chosen because “…we wanted to use very humble materials in the making of the opera…We wanted similarly to take these materials, maybe associated with poverty, and see if we could do a kind of alchemy with that, turn them into something beautiful” (NYT). This opera shows Mohandis Gandhi meeting with his philosophical mentor Leo Tolstoy and with his inspired follower Martin Luther King, Jr. In the meantime, newspapers are transformed into puppets, wadded pages represent rocks, and other texts are molded to resemble Hindu goddesses in a transformation of the mundane into the sacred, the profane into the divine.

I wish the Improbable Theater Company could travel to Brownsville, Texas, bringing with it the ideas of nonviolence and civil disobedience to a border region currently preparing to oppose an unjust border wall through its homes and backyards. If Satyagraha could be staged in Dean Porter Park, perhaps the poorest city in the United States would see that it does not need money or political power in order to stand for the Truth. The Truth is compelling, and when men and women refuse to resort to violence but instead seek reconciliation in the face of injustice, we have to believe that the spark of the divine will be ignited in our fellow Man when he is confronted with the morality of our plea. A border wall, above and beyond beyond environmentally unsound, politically backwards, and environmentally devastating, is morally reprehensible.

On April 1, Homeland Security Secretary Michael Chertoff used the REAL ID Act to waive 39 laws in an effort to speed up the construction of the border wall. All 100 Senators voted for this act, a piece of legislation predominantly concerned with driver’s licenses but with a rider granting unprecedented powers to waive all laws in constructing border barriers. In traditional Jewish law, a law which was passed unanimously was thrown out – something must have been amiss. In Gandhi’s book, Satyagraha, he writes, ““It is a superstition and ungodly thing to believe that an act of a majority binds a minority…all reforms owe their origin to the initiation of minorities in opposition to majorities” (18). The overwhelming vote for the REAL ID Act must not dissuade us from speaking truth and campaigning for the overturning of these waivers.

Valley residents are not alone, however. The minority in opposition to a wall is growing, and we have the moral power of knowing we are right. Thank you, Rep. Thompson, for your courageous stand along with 14 other Congressman. We pray your Amicus Curiae brief will persuade the Supreme Court to take case with Homeland Security’s ability to waive unlimited legislation to expedite the Secure Fence Act of 2006. It is encouraging to know that the unanimous vote in the Senate is not the entire story.

It is also encouraging to note that the European Union is currently considering the introduction of a decade of nonviolence, a year after dissolving the last of its countries’ borders. It is heartening to know that the E.U. recognizes, “Gandhian non-violence to be the most appropriate means of ensuring that fundamental human rights are enjoyed, upheld, promoted and respected” (http://www.unpo.org/content/view/7980/83/). It is encouraging to know that the spirit of nonviolence was not killed along with Gandhi and King, that it survives even though the United States has already started clearing brush from its levees in South Texas, fully intending to build a border wall between itself and its neighbors to the South. Nonviolence, that soul-force which King preached and which is parading in New York’s MET right now, still walks the streets and marches on, despite the fact that the Secure Fence Act of 2006 still stands as a blight upon our nation, culture, and all immigrants, a symbol of division in a time when we need unity.

We, the people of the Valley, call for the prayers and support of all concerned citizens at this crucial time in American history. The people of the Valley are already fighting the legal battle and will continue to campaign for Justice through the courts. In addition, we are readying for civil disobedience, should it come to that. Groups such as Fellowship of Reconciliation and Christian Peacemakers, as well as individuals like the American Gandhi, have already expressed interest in training a group of concerned citizens in proper, positive civil disobedience.  We welcome any and all support in our efforts of reconciliation as opposed to division. We join with Christian thought in recognizing that we inevitably reap what we sow, and we seek to keep the United States from sowing a seed of dissension and division rather than working on communication and mutually beneficial relations with brothers and sisters of the world.

The Dawn after the Darkest

April 7, 2008

Martin Luther King spoke often about the night being darkest just before the dawn. In his book Stride Toward Freedom, King writes about a lawsuit in the Birmingham Bus Boycott as being one such night, “darker than a thousand midnights. It was a night in which the light of hope was about to fade away and the lamp of faith about to flicker. We went home with nothing before us but a cloud of uncertainty” (A Testament of Hope, 455).

April 1 saw Secretary of Homeland Security Michael Chertoff waiving 39 laws to rush the construction of a border fence along our nation’s southern border. April 7, then, marks a return to law and a callback to conscience. Chairman of the Homeland Security Chairman Bennie Thompson (D-MS) convened with 14 Members of Congress to submit an intent to file an Amicus Curiae brief regarding the Defenders of Wildlife case (which would bring the environmental law waivers to Supreme Court). These Congressman urge the Supreme Court to grant certiorari in this case, because they hold that the REAL ID Act’s waiver of laws is unconstitutional.

Grassroots groups like No Texas Border Wall, Border Ambassadors, and the Texas Border Coalition rejoiced today to hear Congressman echo our shock and disbelief at this massive waiver. Thompson joined these men and women in opposition to the REAL ID Act:

Chairman Thompson stated before these legislators that the Secretary of Homeland Security’s use of the waiver was “a direct challenge to Congress’s Constitutional role. The American people entrust Congress to ensure that the laws of this land are faithfully executed not excused by the Executive Branch” (Amicus Curiae). Grassroots organizers should feel proud at their efforts to raise this particular waiver to the national eye, while its use in Arizona went unnoticed and largely unopposed.

Congressman John Conyers (D-MI) might well have walked with the 300 marchers this past March 8-16 from Roma to Brownsville. He understands with us that this wall is an environmental blight, a piecemeal political gesture, and an ineffective strategy. He stated that it is “our responsibility to be stewards of the earth cannot be thrown aside for the sake of an ill-conceived border fence. The Administration exempts itself from a duty to protect the environment, sacred burial sites, and centuries-old farms, but conveniently spares wealthy landowners from the bulldozers” (Amicus Curiae). We applaud the truth of his statement and welcome him or anyone on this Committee to come down to see this Valley, visit the people of Granjeno and Los Ebanos, swim in the beautiful river, walk the trails of endangered ocelots, and witness the wonderful coexistence of both sides of the broder.

Intimating that Congress has been worried about such disregard for law before this, Rep. John Dingell said, “Congress’ efforts to seek justification for this waiver from DHS have been stonewalled, which leads me to believe none exists” (Amicus Curiae). Much like J. Edgar Hoover’s refusal to release proof for his Communist accusations of civil rights leaders like Stanley Levison and Martin Luther King, Homeland Security’s Secretary has voiced the fact that it is unnecessary to explain this action or to study the wall’s effects on the environment and local communities. It does the Valley’s heart good to know that these Congressman and many others understand the gravity of this situation.

And so it is with much rejoicing in my heart that I write this. Though the Secure Fence Act of 2006 will still be a long fight and the REAL ID Act has not yet been overturned, we are moving in the right direction. Though the arc of the moral universe is long, it does bend toward justice. It is bending faster and more distinctly as of today. The conscience of this country and the minds of this nation’s residents are bending toward a place of reconciliation and true progress. We are beginning to communicate – may this nonpartisan committee be just a beginning.

Please write these brave men and women to congratulate them on their stance for Truth. Write your other state legislators to urge them to oppose both the REAL ID Act and the Secure Fence Act.