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Henry Louis Gates and Dred Scott

Jr. | , Alton H. Maddox | 4/12/2011, 4:38 p.m.

The "one drop" rule actually means that you do not talk back to any white person even if you are a "free Black." Dr. Gates demanded to know the purpose of a police officer trespassing on the grounds of his "slave quarters." He specifically demanded the name and badge number of the trespassing police officer He was charged with disorderly conduct for attempting to obtain this information. His crime was being engaged in "loud and tumultuous behavior." This criminal charge has always been employed to criminalize the conduct of any Black person who dares to talk back to a white person.

President Obama should be ashamed of himself for only describing the Cambridge Police Department as acting "stupidly." This is not the language a commander in chief employs to describe the violation of a civil right. It is not medu netcher. When a police department only acts "stupidly," it is let off the hook by law. Instead, the Cambridge Police Department acted unconstitutionally. This conduct should have triggered the enforcement of federal and state laws on civil rights. Dr. Gates' rights under the First, Fourth, Fifth, Ninth, 13th and 14th amendments were violated. Attorney General Eric Holder should already be in action with handcuffs.

The arresting officer, Sgt. James Crowley, a.k.a. "Jim Crow," may get the last word, however. He described the incident as a "local" matter. Accordingly, the president of the United States must butt out. Sgt. Crowley has obviously read the Supreme Court decisions in the Slaughterhouse Cases and United States v. Cruikshank.

These states rights' decisions were written under the judicial leadership of Chief Justice Morrison R. Waite. By President Obama constructively apologizing to Sgt. Crowley and inviting him to the White House, he has validated the states rights' doctrine. His next move will be to demand the return of Assata Shakur from Cuba to the United States. President Obama is apparently unaware that under English law, the commander in chief enjoys sovereign immunity. By apologizing to Sgt. Crowley, he has demeaned his office.

If Sgt. Crowley had trespassed on the grounds of a white man's castle without probable cause and lacking either a search warrant or an arrest warrant, emergency medical technicians would have taken him off the private grounds feet first. The U.S. Supreme Court decided this issue last year in Heller v. District of Columbia. Law enforcement agencies opposed it. When a police officer trespasses on the grounds of a slave quarters, it is not racial profiling. Racial profiling requires the arbitrary and unreasonable seizure of a Black person on public property. Dr. Gates was the victim of racial entrapment initiated by a state actor acting under color of law on private property. Sgt. Crowley provoked Dr.Gates into violating the slave code. After Dr. Gates swallowed the bait, Sgt. Crowley charged him with disorderly conduct. Blacks must always remember that a fish never gets in trouble until it opens its mouth. Barking dogs are an exception.

Dr. Gates is lucky that he is still breathing. Mary Turner complained to a Georgia sheriff about his participation in the lynching of her husband for a crime that had been committed by another person. When whites are angry, any Black will do. She threatened to file a federal complaint against the local sheriff.