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Administrative Law

: Within the Scope

Not Just Another Vacation Day

By E.L. Lipman

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As I have done before on this particular court holiday, today I am taking some time out to revisit the writings Reverend Dr. Martin Luther King, Jr.

Among the catalogue of items that are now online, the letters between King and a set of religious leaders in Birmingham, Alabama, are perhaps the items that I return to most often. And, like much of history, the tempo of 1963 seems both harder and sharper when viewed through the letters that were written at the time.

To King, then the ?outsider,? a set of learned and deeply religious Birmingham men wrote to signal their preference for civil rights litigation and negotiation over boycotts. They wrote:

Just as we formerly pointed out that "hatred and violence have no sanction in our religious and political traditions," we also point out that such actions as incite to hatred and violence, however technically peaceful those actions may be, have not contributed the resolution of our local problems. We do not believe that these days of new hope are days when extreme measures are justified in Birmingham.
....

We further strongly urge our own Negro community to withdraw support from these demonstrations, and to unite locally in working peacefully for a better Birmingham. When rights are consistently denied, a cause should be pressed in the courts and in negotiations among local leaders, and not in the streets. We appeal to both our white and Negro citizenry to observe the principles of law and order and common sense.

From a Birmingham jail cell, King delivered his answer to the charge of extremism ? in ways that were stirring then, and reverberate still as to our polemics today. King replied:

But though I was initially disappointed at being categorized as an extremist, as I continued to think about the matter I gradually gained a measure of satisfaction from the label. Was not Jesus an extremist for love: "Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you." Was not Amos an extremist for justice: "Let justice roll down like waters and righteousness like an ever-flowing stream." Was not Paul an extremist for the Christian gospel: "I bear in my body the marks of the Lord Jesus." Was not Martin Luther an extremist: "Here I stand; I cannot do otherwise, so help me God." And John Bunyan: "I will stay in jail to the end of my days before I make a butchery of my conscience." And Abraham Lincoln: "This nation cannot survive half slave and half free." And Thomas Jefferson: "We hold these truths to be self-evident, that all men are created equal ..." So the question is not whether we will be extremists, but what kind of extremists we will be. Will we be extremists for hate or for love? Will we be extremist for the preservation of injustice or for the extension of justice? In that dramatic scene on Calvary's hill three men were crucified. We must never forget that all three were crucified for the same crime---the crime of extremism. Two were extremists for immorality, and thus fell below their environment. The other, Jeans Christ, was an extremist for love, truth and goodness, and thereby rose above his environment. Perhaps the South, the nation and the world are in dire need of creative extremists.
A little more than two decades after King wrote his letter, President Ronald Reagan rendered the judgment of history. Signing the legislation that made today a national holiday, Reagan remarked of Dr. King:

In his own life's example, he symbolized what was right about America, what was noblest and best, what human beings have pursued since the beginning of history. He loved unconditionally. He was in constant pursuit of truth, and when he discovered it, he embraced it. His nonviolent campaigns brought about redemption, reconciliation, and justice. He taught us that only peaceful means can bring about peaceful ends, that our goal was to create the love community. America is a more democratic nation, a more just nation, a more peaceful nation because Martin Luther King, Jr., became her preeminent nonviolent commander.
Happy Martin Luther King Day, everyone.

Full post as published by Within the Scope on January 21, 2008 (boomark / email).

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