O P I N I O N
BLACK IN NH
By Emerald Anderson-Ford
Last week, the former President of the United States was found guilty on 34 felony counts by a New York jury. According to the Associated Press, this conviction holds, not only, a possible prison sentence, but also all the other consequences of being convicted of a felony including the loss of your right to vote. This fact, and many others, have raised many questions regarding the former president’s ability to run for and hold the office of the presidency.
And, while it certainly seems like a conviction should keep someone from running for the office of the presidency, it also begs the question of how we treat our currently, formerly, and future incarcerated demographics. What dignities are they offered, and how the abolishment of the carceral system and its aftermath will positively impact all of us, most notably the Black community.
When the news broke about the verdict last Thursday, the internet was buzzing with reaction and commentary from every corner. There were comments about the legitimacy of the trial and verdict, and there was celebration that ‘justice had been served’ and ‘no one is above the law.” More than either of those, the comments about the new status of “felon” for the former president were the comments that created the most interesting paradox in many interactions.
The 13th Amendment of the United States Constitution states: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Most people read those words and see the “abolishment” of slavery in this country, but fail to understand how the corruption in implementation of the 13th Amendment has created another form of enslavement of people via prison labor. And, as of 2023, Black people account for roughly 38% of the prison population in the United States despite only making up about 13% of the national population. In other words: the 13th Amendment just allowed for the descendants of those who were enslaved to be trapped in the same system via legalese. We continue to exist in a system that runs and thrives on the forced labor of people – majority Black people and other people of color.
Majority communities of color continue to experience over-policing in the forms of arbitrary questioning and forced interaction, over-exposure to police in riot and tactical gear, and state sanctioned violence in the form of police shootings and other violent misconduct. This over-policing leads to the astronomical numbers that we see of Black folk and others represented in the jail/prison populations. In turn, the “involuntary servitude” or “slavery” that is outlined in the 13th amendment paves the way for Black folk, and others, to continue to be enslaved in this – the land of the free.
How does a country, supposedly built on “freedom” and “liberty” and “justice” continue to operate while knowingly enslaving millions of its citizens into forced labor, many of whom are in the carceral system due to trumped up and/or bogus charges? Well, that would require a safeguard. A way to ensure that those who have experienced this modern form of slavery may not ever really be able to influence those in power.
And that brings us to the long-held practice of making those convicted of felonies ineligible to vote.
This practice has disenfranchised millions of citizens, the majority of whom are Black people and other people of color. And while one might argue, “if you want to keep your right to vote, don’t commit a crime,” there’s plenty of research that highlights the difference in types of arrests and sentencing along racial and ethnic lines – with a wide margin disproportionately favoring white Americans. As a Black community leader here in Manchester, I have felt how my racial identity made it easier for police to assume worst intent on my behalf, to offer me the deficit of the doubt, rather than the benefit – charging me with a felony. I think about how I would have lost my ability to vote. And I’m reminded of all the other Black people, like me, who’ve had worst intent assumed about them, who face the deficit of the doubt in forced interactions with law enforcement, but didn’t have the means to fight back, like I did. People who are convicted of felonies are not inherently bad or incapable of participating in our civic duty of participation in government.
The former president, Donald Trump, should not be allowed to run for the office of the presidency, or any other elected office, nor should he be allowed to vote. But none of that is because he’s been convicted of a felony. He shouldn’t be allowed to do those things because he interfered with election results, encouraged a coup against the United States government while serving as President and is a racist, misogynist who understand basic empathy for the people closest to him, not to mention 333 million Americans (as of 2022). Saying he doesn’t deserve to vote or run for office because he’s now been convicted of felonies, feels like a slight to so many others, who are simply trying to survive in a system that is fueled by their silence and enslavement.
Emerald Anderson-Ford can be reached at elanderson85@gmail.com