Begin Reading Table of Contents About the Author Copyright Page Thank you for buying this Farrar, Straus and Giroux ebook. To receive special offers, bonus content, and info on new releases and other great reads, sign up for our newsletters. Or visit us online at us.macmillan.com/newslettersignup For email updates on the author, click here. The author and publisher have provided this e-book to you for your personal use only. You may not make this e-book publicly available in any way. Copyright infringement is against the law. If you believe the copy of this e-book you are reading infringes on the author’s copyright, please notify the publisher at: us.macmillanusa.com/piracy. For Althea Amrik Wasow Prologue This may be hard to believe, coming from a black man, but I’ve never stolen anything. Never cheated on my taxes or at cards. Never snuck into the movies or failed to give back the extra change to a drugstore cashier indifferent to the ways of mercantilism and minimum-wage expectations. I’ve never burgled a house. Held up a liquor store. Never boarded a crowded bus or subway car, sat in a seat reserved for the elderly, pulled out my gigantic penis and masturbated to satisfaction with a perverted, yet somehow crestfallen, look on my face. But here I am, in the cavernous chambers of the Supreme Court of the United States of America, my car illegally and somewhat ironically parked on Constitution Avenue, my hands cuffed and crossed behind my back, my right to remain silent long since waived and said goodbye to as I sit in a thickly padded chair that, much like this country, isn’t quite as comfortable as it looks. Summoned here by an officious-looking envelope stamped IMPORTANT! in large, sweepstakes-red letters, I haven’t stopped squirming since I arrived in this city. “Dear Sir,” the letter read. “Congratulations, you may already be a winner! Your case has been selected from hundreds of other appellate cases to be heard by the Supreme Court of the United States of America. What a glorious honor! It’s highly recommended that you arrive at least two hours early for your hearing scheduled for 10:00 a.m. on the morning of March 19, the year of our Lord…” The letter closed with directions to the Supreme Court building from the airport, the train station, I-95, and a set of clip-out coupons to various attractions, restaurants, bed-and-breakfasts, and the like. There was no signature. It simply ended … Sincerely yours, The People of the United States of America Washington, D.C., with its wide streets, confounding roundabouts, marble statues, Doric columns, and domes, is supposed to feel like ancient Rome (that is, if the streets of ancient Rome were lined with homeless black people, bomb-sniffing dogs, tour buses, and cherry blossoms). Yesterday afternoon, like some sandal-shod Ethiop from the sticks of the darkest of the Los Angeles jungles, I ventured from the hotel and joined the hajj of blue-jeaned yokels that paraded slowly and patriotically past the empire’s historic landmarks. I stared in awe at the Lincoln Memorial. If Honest Abe had come to life and somehow managed to lift his bony twenty-three-foot, four-inch frame from his throne, what would he say? What would he do? Would he break-dance? Would he pitch pennies against the curbside? Would he read the paper and see that the Union he saved was now a dysfunctional plutocracy, that the people he freed were now slaves to rhythm, rap, and predatory lending, and that today his skill set would be better suited to the basketball court than the White House? There he could catch the rock on the break, pull up for a bearded three-pointer, hold the pose, and talk shit as the ball popped the net. The Great Emancipator, you can’t stop him, you can only hope to contain him. Not surprisingly, there’s nothing to do at the Pentagon except start a war. Tourists aren’t even allowed to take photos with the building in the background, so when the sailor-suited family of Navy veterans four generations deep handed me a disposable camera and asked me to follow at a distance and secretly take photos of them while they snapped to attention, saluted, and flashed peace signs for no apparent reason, I was only too happy to serve my country. At the National Mall there was a one-man march on Washington. A lone white boy lay on the grass, fucking with the depth perception in such a way that the distant Washington Monument looked like a massive, pointy-tipped, Caucasian hard-on streaming from his unzipped trousers. He joked with passersby, smiling into their camera phones and stroking his trick photography priapism. At the zoo, I stood in front of the primate cage listening to a woman marvel at how “presidential” the four-hundred-pound gorilla looked sitting astride a shorn oaken limb, keeping a watchful eye over his caged brood. When her boyfriend, his finger tapping the informational placard, pointed out the “presidential” silverback’s name coincidentally was Baraka, the woman laughed aloud, until she saw me, the other four- hundred-pound gorilla in the room, stuffing something that might have been the last of a Big Stick Popsicle or a Chiquita banana in my mouth. Then she became disconsolate, crying and apologizing for having spoken her mind and my having been born. “Some of my best friends are monkeys,” she said accidentally. It was my turn to laugh. I understood where she was coming from. This whole city’s a Freudian slip of the tongue, a concrete hard-on for America’s deeds and misdeeds. Slavery? Manifest Destiny? Laverne & Shirley? Standing by idly while Germany tried to kill every Jew in Europe? Why some of my best friends are the Museum of African Art, the Holocaust Museum, the Museum of the American Indian, the National Museum of Women in the Arts. And furthermore, I’ll have you know, my sister’s daughter is married to an orangutan. All it takes is a day trip through Georgetown and Chinatown. A slow saunter past the White House, Phoenix House, Blair House, and the local crackhouse for the message to become abundantly clear. Be it ancient Rome or modern-day America, you’re either citizen or slave. Lion or Jew. Guilty or innocent. Comfortable or uncomfortable. And here, in the Supreme Court of the United States of America, fuck if between the handcuffs and the slipperiness of this chair’s leather upholstery, the only way I can keep from spilling my ass ignominiously onto the goddamn floor is to lean back until I’m reclined at an angle just short of detention- room nonchalance, but definitely well past courtroom contempt. Work keys jangling like sleigh bells, the Court officers march into the chambers like a two-by-two wagonless team of crew-cut Clydesdales harnessed together by a love of God and country. The lead dray, a proud Budweiser of a woman with a brightly colored sash of citations rainbowed across her chest, taps the back of my seat. She wants me to sit up straight, but the legendary civil disobedient that I am, I defiantly tilt myself even farther back in the chair, only to crash to the floor in a painful pratfall of inept nonviolent resistance. She dangles a handcuff key in my face and, with one thick hairless arm, hoists me upright, scooting my chair in so close to the table that I can see my suit and tie’s reflection in its shiny, lemony-fresh mahogany finish. I’ve never worn a suit before, and the man who sold me this one said, “You’re going to like the way you look. I guarantee it.” But the face in the table staring back at me looks like what any business-suit-wearing, cornrowed, dreadlocked, bald- headed, corporate Afro’d black man whose name you don’t know and whose face you don’t recognize looks like—he looks like a criminal. “When you look good, you feel good,” the salesman also promised me. Guaranteed it. So when I get home I’m going to ask for my $129 back, because I don’t like the way I look. The way I feel. I feel like my suit— cheap, itchy, and coming apart at the seams. Most times cops expect to be thanked. Whether they’ve just given you directions to the post office, beaten your ass in the backseat of the patrol car, or, in my case, uncuffed you, returned your weed, drug paraphernalia, and provided you with the traditional Supreme Court quill. But this one has had a look of pity on her face, ever since this morning, when she and her posse met me atop the Supreme Court’s vaunted forty-fourth stair. Under a pediment inscribed with the words EQUAL JUSTICE UNDER LAW they stood shoulder-to-shoulder, squinting into the morning sun, windbreakers dotted with the dandruff of fallen cherry blossoms, blocking my entrance into the building. We all knew that this was a charade, a last-minute meaningless show of power by the state. The only one not in on the joke was the cocker spaniel. His retractable leash whirring behind him, he bounded up to me, excitedly sniffed my shoes and my pant legs, nuzzled my crotch with his wet snot-encrusted nose, then obediently sat down beside me, his tail proudly pounding the ground. I’ve been charged with a crime so heinous that busting me for possession of marijuana on federal property would be like charging Hitler with loitering and a multinational oil company like British Petroleum with littering after fifty years of exploding refineries, toxic spills and emissions, and a shamelessly disingenuous advertising campaign. So I clear my pipe with two loud raps on the mahogany table. Brush and blow the gummy resin onto the floor, stuff the bowl with homegrown, and like a firing squad commander lighting a deserter’s last cigarette, the lady cop obligingly flicks her BIC and sparks me up. I refuse the blindfold and take the most glorious toke ever taken in the history of pot smoking. Call every racially profiled, abortion-denied, flag-burning, Fifth Amendment taker and tell them to demand a retrial, because I’m getting high in the highest court in the land. The officers stare at me in amazement. I’m the Scopes monkey, the missing link in the evolution of African-American jurisprudence come to life. I can hear the cocker spaniel whimpering in the corridor, pawing at the door, as I blow an A-bomb mushroom-cloud-sized plume of smoke into the faces that line the giant friezes on the ceiling. Hammurabi, Moses, Solomon—these veined Spanish marble incantations of democracy and fair play— Muhammad, Napoleon, Charlemagne, and some buffed ancient Greek frat boy in a toga stand above me, casting their stony judgmental gazes down upon me. I wonder if they looked at the Scottsboro Boys and Al Gore, Jr., with the same disdain. Only Confucius looks chill. The sporty Chinese satin robe with the big sleeves, kung fu shoes, Shaolin sifu beard and mustache. I hold the pipe high overhead and offer him a hit; the longest journey starts with a single puff … “That ‘longest journey’ shit is Lao-tzu,” he says. “All you motherfucking philosopher-poets sound alike to me,” I say. It’s a trip being the latest in the long line of landmark race-related cases. I suppose the constitutional scholars and cultural paleontologists will argue over my place on the historical timeline. Carbon-date my pipe and determine whether I’m a direct descendant of Dred Scott, that colored conundrum who, as a slave living in a free state, was man enough for his wife and kids, man enough to sue his master for his freedom, but not man enough for the Constitution, because in the eyes of the Court he was simply property: a black biped “with no rights the white man was bound to respect.” They’ll pore over the legal briefs and thumb through the antebellum vellum and try to determine whether or not the outcome of this case confirms or overturns Plessy v. Ferguson. They’ll scour the plantations, the projects, and the Tudor suburban subdivision affirmative-action palaces, digging up backyards looking for remnants of the ghosts of discrimination past in the fossilized dice and domino bones, brush the dust off the petrified rights and writs buried in bound legal volumes, and pronounce me as “unforeseen hip-hop generation precedent” in the vein of Luther “Luke Skyywalker” Campbell, the gap- toothed rapper who fought for his right to party and parody the white man the way he’d done us for years. Though if I’d been on the other side of the bench, I would’ve snatched the fountain pen from Chief Justice Rehnquist’s hand and written the lone dissenting opinion, stating categorically that “any wack rapper whose signature tune is ‘Me So Horny’ has no rights the white man, or any other B-boy worth his suede Pumas, was bound to respect.” The smoke burns the inside of my throat. “Equal Justice Under Law!” I shout to no one in particular, a testament to both the potency of the weed and my lightweight constitution. In neighborhoods like the one I grew up in, places that are poor in praxis but rich in rhetoric, the homies have a saying—I’d rather be judged by twelve than carried by six. It’s a maxim, an oft-repeated rap lyric, a last-ditch rock and hard place algorithm that on the surface is about faith in the system but in reality means shoot first, put your trust in the public defender, and be thankful you still have your health. I’m not all that streetwise, but to my knowledge there’s no appellate court corollary. I’ve never heard a corner store roughneck take a sip of malt liquor and say, “I’d rather be reviewed by nine than arbitrated by one.” People have fought and died trying to get some of that