Peace Through Social Justice: What Advocates Must Understand About the Constitution to Keep the Peace

Peace Through Social Justice: What Advocates Must Understand About the Constitution to Keep the Peace

© Ogbonna Hagins for Philly Word Magazine and Freedmen’s Journal 2.0

 

In today’s climate of social justice advocacy, many struggle with how to fight for justice, especially when it comes to the United States Constitution.

Genuine social justice cannot be achieved through broad demands that overlook the legal framework provided by the Constitution.

Social justice must be rooted in the distinct rights of individuals, based on their specific legal status, rather than trying to group all marginalized people under the same umbrella.

 

**The Importance of Understanding Status in the Fight for Justice

 

The U.S. Constitution guarantees different rights based on an individual’s legal status. These rights are not universally applied to all groups but are tailored to the specific context of different communities.

The 14th Amendment, often cited in civil rights debates, was created specifically to address the plight of American Freedmen, the descendants of enslaved people in the United States.

This amendment was passed after the Civil War to guarantee citizenship and equal protection under the law for American Freedmen, who had previously been denied these rights.

 

It’s important to recognize that the 14th Amendment does not grant these rights to other groups, such as immigrants, refugees, or the LGBTQ community.

These groups must fight for their own rights based on their unique status, not by claiming rights meant for American Freedmen. Misapplying the law in this way leads to confusion and undermines clarity necessary for effective justice.

 

**The Roots of the 14th Amendment: A Reaction to the Dred Scott Case

 

The 14th Amendment was created as a direct response to the infamous Dred Scott decision of 1857. That case ruled that people of African descent—whether enslaved or free—could not be U.S. citizens and were not entitled to the rights and privileges of citizenship.

The framers of the 14th Amendment, including key figures like Senator Jacob M. Howard and Representative John Bingham, understood that citizenship and equal protection under the law needed to be secured for the descendants of enslaved people, whose rights had been denied by the Dred Scott case.

 

The Dred Scott decision didn’t use the broad term “black people” but specifically ruled that African-descended individuals could not be U.S. citizens. The 14th Amendment overturned this decision, explicitly guaranteeing citizenship to American Freedmen and ensuring their equal protection under the law.

 

**Peace Through Understanding the Constitution

 

One key factor that can foster peace among various groups fighting for justice is understanding how the Constitution applies to different people. When social justice advocates understand that the fight for justice isn’t about personal or racial identity but legal status, it reduces confusion and promotes harmony.

 

This understanding helps different groups see that the fight for justice is not a competition for limited rights but a struggle based on historical and legal context. The legal framework of the Constitution, especially the 14th Amendment, was created specifically to address the unique struggles of American Freedmen.

Applying the same protections to other groups misrepresents the law and risks diluting efforts to address the specific challenges of the American Freedmen.

 

**The Role of Status in Achieving True Justice

 

The battle for social justice cannot be fought by grouping all marginalized communities under one umbrella. Each group must focus on advocating for rights that apply to their own legal and historical status. This is especially important for American Freedmen, whose rights were denied due to their unique status as descendants of enslaved people.

 

For example, while LGBTQ individuals and immigrants face legitimate struggles, their fight for rights must be based on their own legal frameworks, not by invoking protections meant for American Freedmen. Misapplying protections not only distorts the law but risks weakening efforts to address the real issues facing American Freedmen.

 

**Conclusion: Achieving Peace Through Social Justice and the Constitution

 

Peace through social justice is possible when advocates understand the legal principles behind the Constitution. By recognizing that justice is rooted in the legal status of different groups, advocates can fight for justice without causing division. Each group must focus on advocating for their own rights based on their historical and legal status.

 

For American Freedmen, the rights guaranteed by the 14th Amendment are specific to their status and should not be conflated with those of other groups. Understanding this distinction is crucial for effective advocacy.

When the Constitution’s framework is understood and applied correctly, it lays the foundation for meaningful, lasting social justice, with peace as its ultimate goal.