The Congressional Black Caucus: Fifty Years of Fighting for Equality

By Sherice Janaye Nelson

The Congressional Black Caucus (CBC) is the first racial caucus established in the Western world. The CBC was founded in 1971 after the historic Civil Rights Act of 1965 and the 1970 Census; both of which allowed voting districts to be redrawn—especially in the South where Blacks were denied constitutional rights. This burden and opportunity to speak of, advocate for, and legislate around the disparities in the lives of Blacks as citizens of the United States was, and continues to be the mission of the Caucus. CBC members understand that they are descriptive representatives as well as symbolic representatives charged with producing substantive legislation. They are a symbol of full Black citizenship; their individual elections, the creation, and the sustained legislative power of the Caucus symbolizes the collapse of dual sovereignty. A symbol many are bound to defecate with the inflation of states rights that will in-turn nullify the elections of many Black legislators.

The author reviews the legislative accomplishments, the legislative influence, and global impact the Congressional Black Caucus has made since its founding by focusing on how it has used legislative activism to improve the lives of the oppressed and forgotten. The work asserts that a racialized government structure has made the work done by the CBC appear as one step forward and two steps backward. Therefore, a historical review and subsequent analysis is imperative to truly understand how a racialized structure established obstacles the original thirteen members had to face, while understanding how those current obstacles hinder the CBC members of today.

• Language: English
• Publisher: Archway Publishing
• Release date: Dec 3, 2021
• ISBN: 9781665714280

Sherice Janaye Nelson

Sherice Janaye Nelson is a speaker, author, researcher, and Assistant professor at Southern University and A&M College. She is a Black Diaspora expert who focuses on the political, social, and economic effects of racism. Her co-authored piece, “Insulated Blackness: Cause for Fracture in Black Political Identity” was recently published in the Journal Politics, Groups, and Identities, which established the theory why self-identified Blacks vote against their own self-interest due to the lack of experienced racial discrimination. She is the Director for the Jewel Limar Prestage Public Policy, Polling, and Research Center, and a proud alumna of Howard University, where she received a Doctorate of Philosophy in Political Science, specializing in International Relations, Black politics, and American government. She has only been educated at Historically Black Colleges or Universities (HBCU’s) and earned her Masters of Public Administration focusing on Public Management at the University of the District of Columbia; and graduated magna cum laude with a dual degree in History and English from Stillman College in Tuscaloosa, Alabama.

Book preview

Copyright © 2021 Sherice Janaye Nelson.

All rights reserved. No part of this book may be used or reproduced by any means,

graphic, electronic, or mechanical, including photocopying, recording, taping or

by any information storage retrieval system without the written permission of the

author except in the case of brief quotations embodied in critical articles and reviews.

Archway Publishing

1663 Liberty Drive

Bloomington, IN 47403

www.archwaypublishing.com

844-669-3957

Because of the dynamic nature of the Internet, any web addresses or

links contained in this book may have changed since publication and

may no longer be valid. The views expressed in this work are solely those

of the author and do not necessarily reflect the views of the publisher,

and the publisher hereby disclaims any responsibility for them.

Any people depicted in stock imagery provided by Getty Images are

models, and such images are being used for illustrative purposes only.

Certain stock imagery © Getty Images.

ISBN: 978-1-6657-1427-3 (sc)

ISBN: 978-1-6657-1532-4 (hc)

ISBN: 978-1-6657-1428-0 (e)

Library of Congress Control Number: 2021921728

Archway Publishing rev. date:  01/21/2022

DEDICATION

for the ancestors

with special recognition to those below:

To the Honorable Ronald Dellums (November 24, 1935 to July 30, 2018)

of my native Oakland, California, thank you for introducing

me to politics in Jack London Square on October 31, 1996 with a

President Clinton re-election speech; thank you for becoming the

first Ronald Waters scholar at my beloved Howard University and

our talks; and lastly thank you for keeping such great records that

helped me to better understand the Black Caucus you loved!

125660.png

To the Honorable Elijah Cummings (January 15, 1951-October 17, 2019)

a true son of Howard University, thank you for visiting our

classes in political science without pomp or circumstance and

speaking with me so freely; thank you for reminding that we

don’t fight flesh and blood but principalities; thank you for

fighting for the democracy you loved till your last breathe!

CONTENTS

Introduction

Chapter 1   The Fight for Black Citizenship

Chapter 2   Collapse of Dual Sovereignty

Chapter 3   A Racialized Government and the Congressional Black Caucus

Chapter 4   Domestic Policy: Championing Black Interest

Chapter 5   International Policy: Pushing for Global Equality

Chapter 6   Legislative Effectiveness Amidst Racism

Conclusion

Archival Data

Appendix A: Alphabetical Listing of Congressional Black Caucus Members (93rd-116th) Congresses

Appendix B: Congressional Black Caucus Chairmen and Chairwomen

Appendix C: Congressional Black Caucus Chair’s Legislative Effectiveness Scores

INTRODUCTION

The Congressional Black Caucus (CBC) is the first racial caucus established in the United States legislature after the seminal Civil Rights Act of 1965. This Act helped to ensure the right to vote for many Blacks in the south who had been denied access due to racism. Although Blacks were serving in the House of Representatives before the Caucus was founded in the Spring of 1971, Black members understood that legislative cohesion was imperative if they were to maximize on the tenets of the Civil Rights Act of 1965. The founding thirteen members were representatives from northern states, but keenly understood that they were representing the interest of Black folks throughout the country.

This burden and opportunity to speak of, advocate for, and legislate around the disparities in the lives of Blacks as citizens of the United States was and continues to be the mission of the Caucus. CBC members understood that they were descriptive representatives as well as symbolic representatives. They understood the burden of being Black in America and could articulate this burden in legislative terms. They also understood they were a symbol of full Black citizenship in the American civil liberties and civil rights frame. Their election and creation of the Caucus} symbolized the collapse of dual sovereignty; a sovereign system which allowed Blacks in Southern States¹ to be denied their full rights as citizens of the United States. Such a denial has a deep history that dates back to the founding of the country and its British colonial design. Such a design purposely denied the interests of Blacks by legally designating them as property in the effort to deny Congressional representation.

The development of the Congressional Black Caucus over the last fifty years coincides with the increase in civil rights and civil liberties of Blacks throughout the country. It is in this framework that this book is written. The work reviews the legislative accomplishments, the legislative influence, and global impact the Congressional Black Caucus has made since its founding by focusing on how the Caucus has used legislative activism to improve the lives of the oppressed and forgotten throughout the United States. The work asserts that a racialized government structure has made the work done by the CBC appear as one step forward and two steps backward. This is why a historical review and analysis is needed to truly explian the obstacles the original thirteen members were up against while understanding the current obstacles the CBC members face.

To explicate the racial government structure and the CBC’s fight against it through their legislative behaviors, the book is divided into six chapters. In chapter one, the work opens with a historical analysis of Black citizenship. Slavery produces the dichotomy of state citizenship versus national citizenship for Blacks. The CBC represents the collapse of that dual citizenship cemented by the Dred Scott case of 1857. Therefore, the chapter examines this duality by reviewing the legal rights exercised by freed Black men in Maryland, which was a slave state. The contrast of these two simultaneous phenomena established citizenship for Blacks at the state level, and conversely denied that same citizenship at the national level. Such citizenship could be parceled due to the sovereignty afforded to each state reflected in multiple state constitutions. The creation of sovereign territories, to compartmentalize slavery, congealed under a national flag is the bedrock of the United States federalist system.

Chapter two opens with an evaluation of Brown v. Board of Education of 1954 and its implication for the collapse of the legal justification for separate citizenship in regards to Blacks. Here the infamous separate but equal clause is explored through the cases assertion that separate was inherently unequal in the reflection that the separation of state and national citizenship was designed to undermine the Constitutional equality established in the 14th amendment. The chapter continues by evaluating the Civil Rights Act of 1957, as it allowed for the expansion seen in the Civil Rights Act of 1960 and 1964. It further evaluates the tenets of expansion and why such an incremental approach was necessary as the Civil Rights Act of 1957 was watered down to ensure passage. The chapter spends concerted time discussing the Civil Rights Act of 1965 as it describes why it provided a structure that allowed for a Congressional Black Caucus. The implications of sections four and five of the Act as the framework for district reconstruction, allowed for the actualization of Black national citizenship.

Chapter three discusses the administrative organization of the Congressional Black Caucus; its evolution from the Democratic Select Committee, the political ideological spectrum of the members, and the creation of the Congressional Black Caucus Foundation. The administrative organization of the Caucus is important as it establishes a blueprint for other racial caucuses in the United States Congress and abroad. Its organization and sustained committees, subcommittees, and task forces prepared them to serve as committee chairs and subcommittee chairs once tenure was secured in the House of Representatives. Their conscious effort to organize this way highlights how they structurally fight racism by first mimicking the structure. Their growth is considered in concert with the power of decentralization in Congress. The chapter asserts that the CBC formed and preformed first as a disturbing force and evolved using tactics which decentralized governance. The perfection of such tactics would prove them to be prepared to actually decentralize once tenure was achieved.

The evaluation of legislative agendas display the depth of the Caucus from founding to present while identifying issues that carried over from one legislative session to the next. This is accomplished in the reflection of the United States presidents, from the Caucus’ founding in 1971 to present, as it develops the necessity of executive action due to smaller numbers in the 535 member body and the excepted action of the great emancipator.² The discussion of CBC political and ideological positioning will be substantiated by individual members DW nominate scores. These scores will evaluate the distance of caucus membership with the rest of the Congress and the Democratic Party. This evaluation will substantiate that the Caucus has never been a monolithic body; although a review of roll call votes will show that they primarily vote in a block as a legislative strategy. Lastly, the chapter will understand the importance of the creation of the CBC Foundation as a, nonprofit public policy research and educational institute with a mission to advance the global black community by developing leaders, informing policy, and educating the public.³ Such a foundation allows members to draw on information surrounding policy issues that are relevant to the larger Black community. The Foundation also solidifies the CBC as a formative caucus that creates its own knowledge; this ability keeps them from being co-opted by the Democratic Party, which is the professed party of most caucus members.

Chapter four reviews the domestic legislative victories achieved by the Caucus. These legislative victories are divided into civil rights, education, health, labor & employment, and social welfare. These delineations are in response to the analyzation of legislative agendas of the CBC from founding to present. Such policy creation and advocacy brings the interest of Blacks to the attention of the White power structure that would be far more comfortable with ignoring the issues of Blacks who struggle to maintain citizenship. The chapter reviews the legislative victories and illuminates how national advocacy directly effects local governance as the implementation of CBC member sponsored and cosponsored legislation protects the citizenship of Blacks. This reflection is done by reviewing the Black Declaration of Independence, a document commissioned by CBC members during a meeting in Gary, Indiana during the Nixon Presidency. The document underscores the racist nature of the governance structure by highlighting the inequities experienced by Blacks. CBC membership focuses on the dismantling of White Supremacy and the promotion of equity. This will be exemplified by the review and contextualization of selected press conferences, floor speeches, bill sponsorship or co-sponsorship, and correspondence sent to the Senate to fight for key provisions in legislation.

Chapter five will continue to examine this moral authority of the Caucus through their advocation for full Black citizenship in Southern Africa and the stability of Haiti. The refusal of South Africa’s colonial power Britain to at the very least share governance responsibilities with Blacks was a rejection of Black national citizenship. The Caucus understood the apartheid movement in South Africa and its consequences for all of Southern Africa; therefore, the demanded action from the United States government. They used their moral agency to demand change though it strained diplomatic and economic relations. This chapter looks at the Caucus’ tactics and subsequent legislation that directly affected the ending of apartheid in South Africa and the effort to halt colonial interference in Rhodesia (present day Zimbabwe) as well as Angola. In the case of the Caribbean, this chapter evaluates the creation of CARICOM, an economic trade block that seeks to draw on the same imperialist experiences to develop nations first to be ancillary to western colonial powers. The Caucus’s moral compass would not allow them to betray their brothers and sisters just south of the United States. Yet the chapter explores the difficulties of the Caucus to actualize substantive legislative gains in the case of the Haitian Refugee Crisis. It highlights the complexities of the African diaspora and the limits of moral agency.

In chapter six, the work will explore the legislative effectiveness scores of Congressional Black Caucus chairpersons, results that provide a quantitative analysis of the effectiveness of members using fifteen indicators. The measure categorizes bills as commemorative, substantive, or substantive and significant. This formula is the leading quantitative metric used to understand the role of legislators through their effectiveness, benchmark, and party ranking averages. The evaluation of chairperson scores throughout their tenure will be contrasted to best understand the legislative effectiveness of these members in a racialized structure.

Such an evaluation is necessary to quantitatively explore the evolution of the Caucus while providing historical context. The use of quantitative metrics for objectivity without historical or political context is dangerous; this is especially so with Black legislators seen to be participating in a political structure built around racism. The chapter argues that the guise of impartiality is often used to further codify White Supremacist structures and cautions the field of Black political scientists to not engage in such methodologies without providing proper context.

The chapter explores in detail how the growth in the number of members complicates the vision and contributes to their legislative strategies causing missteps. It dissects the role of Black civic organizations of the past and present in establishing the political needs to a divergent Black population that has not yet achieved full national citizenship. The chapter concludes with an examination on the propensity of morality in the legislature without the presence of the Congressional Black Caucus and the importance of citizenship and equality for all.

172065.png

1Its captilzation denotes states that were members of the former Confederate States of America (CSA)

2CBC members come from both the House of Representatives and Senate, which constitutes 535 members as it combines the 435 members in the House with 100 members in the Senate.

3Menna Demessie, From Exclusion to Electoral Empowerment: The CBC and the Black Agenda Journal of the Center for Policy Analysis & Research no.1 (2018):13.

CHAPTER ONE

THE FIGHT FOR BLACK CITIZENSHIP

BLACKS IN THE UNITED STATES have not always been able to participate in, or be descriptively represented by, their democratic government because of their lack of citizenship. The assimilation of Blacks into the national democratic society only happened 55 years ago with the passage of the Civil Rights Act of 1965. Blacks had served in the United States Congress before the Civil Rights Act of 1965, but a racial caucus that spoke directly to the political needs of Blacks was yet to be formed. Such a racial caucus was revolutionary but necessary due to failure of Blacks being adequately represented in Congress. The founding of the Congressional Black Caucus allowed the United States to live up to the creed established in the Declaration of Independence, by forming a true democracy through the collapse of separate sovereignties. Before the Civil Rights Act of 1965, Blacks in the Southern States were cuckolded by dual sovereignty established to deny Blacks national citizenship at the country’s founding.

Such a denial traces back to the Declaration of Independence in the reflection of international law due to Westphalian sovereignty. The Declaration of Independence penned by the founders of this country specified they deserved to be their own sovereign state. Separation was duly granted because they were a collective of Christian White men who felt the rights given to them by their creator had not been upheld by the British government. In essence, the Declaration of Independence stated that Britain had violated principles of Westphalian sovereignty and war was deserved.

The question of citizenship for Blacks was a difficult one as the colonial tradition allowed for Blacks to be viewed as property. This acceptance perpetuated tension amongst the original thirteen colonies and the maintenance of separate sovereign territories were upheld creating a dual sovereign system with state sovereignty and national sovereignty. The commencement of a new congealed sovereign democracy which vehemently opposed slavery resulted in civil war. Proponents of Black national sovereignty in theory were the victors. In the acknowledgement of victory, the United States Constitution was amended. The ratification of the 13th, 14th, and 15th Amendments, also known as the Reconstruction Amendments, constitutionally rectified the question of Black national citizenship. This was merely articulation and not actionable as the dual sovereign system allowed Southern States to deny Blacks full citizenship. This denial was in no way accidental as it was a concerted effort to make Blacks permanent economic dependents, apathetic to the annals of democratic power.

Dual sovereignty requires dual citizenship and simultaneous citizenship was not a problem for White males regardless of if they were landowners or not. White males were seen as belonging to polity and thus the sovereign authority of both the federal and state government was required to protect them. Separate citizenship was established by the founders of this country in support of constitutive racialism. The creation of a system based upon the division of race with Blacks being at the bottom was supported by the North and the South indiscriminate of their state’s support of slavery. These divisions buttressed dual citizenship as Blacks were societally believed to be lesser beings unworthy of citizenship in its dual form if at all.

The history of Black citizenship in its duality is important to the formation of the Congressional Black Caucus. Citizenship provides said person with rights under the United States Constitution; rights that legislative representatives are elected to safeguard through a social contract. A contract which theorizes that the state’s responsibility is to protect its citizens in response to the adherence of established laws. Those laws are created by legislative representatives. However, a review of the evolution of Black citizenship in the United States shows that Blacks have lacked protection by the state due to their ambiguous citizenship status. The Congressional Black Caucus’ formation represents the collapse of dual citizenship for Blacks throughout the country, and their continuous presence in the legislature provides the safeguard intended by the social contract. This chapter will review the evolution of Black citizenship to illuminate the need for a Black caucus. It will also show that the protection of and the advancement of full Black citizenship is the chief concern of the Congressional Black Caucus, which makes them the moral voice of the nation.

Black Citizenship from the Founding to the Civil War

In the case of Black slaves, citizenship status was clear: they were not citizens as they were legally classified as property. As for the dual citizenship of freed Blacks, their classification was far more complex. William Yates, author of Rights of Colored Men to Suffrage, Citizenship and Trial by Jury, illuminates the complexities, racism had led to legal disability, exclusion from militia service, naturalization, suffrage, public schooling, ownership of real property, office holding, and courtroom testimony.⁴ These disabilities, although significant, were not enough to deny Blacks all of their political rights which were first acted out on the state level through the courts. Birthright Citizens: A History of Race and Rights in Antebellum America by Martha S. Jones examines how Blacks in Maryland secured state citizenship through their understanding of their legal rights. Although sovereignty is not directly discussed it is definitely implied because Blacks used non-conventional ways to expand their knowledge of legal provisions that were in direct reflection of Westphalian sovereignty. They petitioned their government through litigation although Blacks had limited access to legal authority. They legitimize themselves by acting like rights-bearing people; they became conscious of their legal rights at the state level and lived their lives in concert.⁵ Free Blacks understood that access to federal citizenship must first be achieved through access to state citizenship and pushed for rights due to their relationship to the law. The idea that freed Blacks were citizens was established by their