Biden’s Broken Promises: The Looming Threat of Black Codes and Maryland’s Moment to Mobilize for a Presidential Commission on HR 40
November 06, 2024By Sylvie Qwasinwi Ngassa Bello,Nancy Bowman Williams,Melody Cooper,Mel Hardy,Kamm Howard ,& Bill Curtis.*
On this election day, Maryland stands poised to make history. The state’s legacy of emancipation is unique; Maryland Emancipation Day, celebrated on November 1, marks the 1864 abolition of slavery under the state constitution—a full year before the 13th Amendment made it nationwide. Maryland’s early move to end slavery highlights its long-standing role in the fight for justice and equality.
As the nation reflects on this legacy of freedom, Maryland faces another crucial moment. The call for a presidential commission on HR 40, a bill to study and develop reparations proposals for African Americans, has become a defining issue for Black communities nationwide. Given Maryland’s historical ties to the abolition movement and its political influence, the state is uniquely positioned to advocate for this overdue commitment to justice.
Understanding HR 40 and Its Congressional Struggles
HR 40, named for the unfulfilled promise of “40 acres and a mule,” seeks to establish a commission to explore reparations for African Americans. For nearly four decades, this bill, introduced yearly by Congressman John Conyers and later by Congresswoman Sheila Jackson Lee, has stalled due to political opposition and a lack of urgency among lawmakers. This persistent inaction reflects a broader disregard for the ongoing impact of slavery, segregation, and systemic discrimination on Black communities over the past 400 years.
In 2019, as she prepared for her first presidential run, then-Senator Kamala Harris co-sponsored HR 40 in the Senate. During the Biden-Harris 2020 campaign, both pledged to establish an HR 40 commission via executive order if Congress failed to act. Now, as Harris campaigns for the presidency in 2024 with Biden’s endorsement, fulfilling this promise is crucial. An executive order establishing an HR 40 commission would not only address an unkept campaign promise but would reaffirm the administration’s commitment to justice, paving the way for necessary reparative measures.
Maryland’s Influence on Key Races in 2024
Maryland’s legacy in abolition and racial justice—from leaders like Anna Murray Douglass and Harriet Tubman to Mary Church Terrell and Billie Holiday—connects deeply to the national struggle for justice. Maryland voters, known for their participation in get-out-the-vote (GOTV) efforts in battleground states, are positioned to drive meaningful change. Advocating for an HR 40 executive order could mobilize Black voters in key states, amplifying their impact in pivotal Senate races and beyond.
Maryland’s own down-ballot candidates would also benefit from a Biden administration honoring its commitments. The state’s Senate race is expected to be consequential, and a pre-election executive order on HR 40 could energize Black voter support across the ballot. This action represents a unique chance for the administration to demonstrate its commitment to justice, motivating Maryland’s voters to mobilize their influence where it’s most needed.
A Federal Shield Against States’ Rights Abuses
An HR 40 commission would emerge as states increasingly use “states’ rights” arguments to erode civil liberties and constitutional protections. Arizona, for example, recently invoked an 1864 law to uphold an abortion ban—a law enacted at a time when Black Americans and women were denied fundamental rights. Without federal oversight, the risk of states exploiting outdated laws or adopting new Black Codes looms large.
This Arizona law echoes the Black Codes enacted in the post-Civil War South, which restricted Black freedoms and reinforced racial hierarchies. Maryland’s own Black Codes once imposed vagrancy laws and restrictive labor contracts that trapped newly freed African Americans in poverty cycles. Today, states are weaponizing “states’ rights” to undermine federal protections, jeopardizing the progress achieved through the Civil Rights Movement.
Impact on Black Voters: From Baltimore to the Ballot Box
For Black voters in Maryland—especially those in cities like Baltimore and Prince George’s County, where systemic disinvestment and discrimination persist—an HR 40 executive order would signal a concrete commitment to addressing historical and ongoing racial inequities. This past Juneteenth, Baltimore advocates visited Congressman Kweisi Mfume’s office, urging him to lead a Maryland congressional letter supporting a presidential commission on HR 40. Additionally, grassroots activists like Rev. Dr. Robert Turner of Empowerment Temple AME Church, Nadine Seiler, and the #WakaWakaHR40 coalition, led by Sylvie Bello of the Cameroon American Council, have rallied for reparations. Their monthly 40-mile ultramarathon—the #WakaWakaHR40—from Douglass Maritime Park in Baltimore to the White House is a powerful call to action.
For Black Marylanders, who hold their elected officials accountable, an HR 40 executive order before Election Day would affirm their pivotal role in shaping political outcomes and reinforce Maryland’s legacy as a state committed to justice and meaningful change.
Why the Time is Now: A Promise Made, a Promise Kept
President Biden, regarded as an honorary Marylander due to his frequent visits to Joint Base Andrews, Camp David, and Walter Reed, has deep ties to the state. With the 2024 election underway, there has never been a more critical moment for him to honor his commitment to Black voters by signing an HR 40 executive order. This action would fulfill a foundational 2020 campaign promise, solidify his administration’s dedication to racial justice, and restore faith in the promises Harris is making to Black Americans today.
In Maryland and across the nation, Black voters are calling on the president to establish the HR 40 commission—not as a mere gesture but as a vital step toward justice. History shows that as federal protections weaken, discriminatory state laws reemerge. Now, more than ever, a presidential executive order on HR 40 would demonstrate that, even as some states attempt to reverse progress, the federal government remains a steadfast defender of justice.
Maryland has an opportunity to inspire nationwide support, showing that Black voters will stand behind a president who keeps their promises. As Kamala Harris, endorsed by Biden, campaigns in 2024, the pressure mounts to ensure that new promises don’t repeat past failures. The call for an HR 40 executive order is not just about reparations—it’s about trust, accountability, and the pursuit of a just and equitable society for all Americans.
*Sylvie Qwasinwi Ngassa Bello,@StudySlaveryAtKean, an initiative of Cameroon American Council ( @CamAmerCouncil ) ;
Nancy Bowman Williams, President, Venice Beach Citizen Association ( #BlackBeachesMatter ),
Melody Cooper, Coordinator, Committee on Baltimore’s 55th Annual Marcus Garvey Day Festival,
Charlie Dugger, Founder, The Camp Harambee/The People ;
Mel Hardy, Art Collector and Principal, New Beginning Initiative;
Kamm Howard, Earn The Black Vote;
Bill Curtis, Convener, The Consciousness Forum Group.
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