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We Charge Genocide!

American Fascism and the Rule of Law

Bill V. Mullen

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English
Fordham University Press
03 September 2024
A revealing exploration of domestic fascism in the United States from the 1930s to the January 6th insurrection in Washington, D.C.

In 1951, the Civil Rights Congress presented to the United Nations We Charge Genocide, a more than two-hundred-page petition that held the United States accountable for genocide against African Americans. This landmark text represented the dawn of Black Lives Matter and is as relevant today as it was then, as evidenced by the rise of white supremacist groups across the nation and the January 6th Capitol riot which disclosed the specter of a fascist revival in the US Tracing this specter to its roots, We Charge Genocide! provides an original interpretation of American fascism as a permanent and longstanding current in US politics dating to the origins of US settler-colonialism.

Picking up where Angela Davis’s 1971 essay, “Political Prisoners, Prisons, and Black Liberation,” left off, We Charge Genocide! reveals how the United States legal system has contributed to the growth of fascist states and fascist movements domestically and internationally. American Studies scholar Bill V. Mullen contends that the preservation of a white supremacist world order—and the prevention of revolutionary threats to that order—structure the discourse and practice of US fascism. He names this fascist modality the “counterrevolution of law” in tribute to the radicals on the American Left, such as George Jackson, Angela Davis, Herbert Marcuse, and the Black Panther Party, who perceived the American state’s destruction of revolutionary groups and ideas as a distinctive form of American fascism. Mullen argues that US law, particularly US “race law,” has been an enabling mechanism for modalities of fascist rule that have locked historic blocs of non-white populations into an iron cage of legal and extralegal violence.

To this end We Charge Genocide! offers a legal historiography of US fascism rooted in law’s capacity to legitimate and sustain racial domination. By recovering the legacy of important organizations, such as the Civil Rights Congress and Black Panther Party, which have both theorized and resisted American legal fascism, Mullen demonstrates how their work and critical theorists like Davis, Marcuse, Jackson, Walter Benjamin, and Ernst Fraenkel illuminate the threat of American legal fascism to its most vulnerable racialized victims of state violence in our time, including gender and transgender violence.
By:  
Imprint:   Fordham University Press
Country of Publication:   United States
Dimensions:   Height: 229mm,  Width: 152mm, 
Weight:   318g
ISBN:   9781531508456
ISBN 10:   1531508456
Pages:   240
Publication Date:  
Audience:   General/trade ,  ELT Advanced
Format:   Paperback
Publisher's Status:   Active
Introduction: American Fascism and the Rule of Law: Toward a Unity Theory | 1 1 World War II’s Double Fascisms | 24 2 Challenging the Rule of Race: We Charge Genocide and the Civil Rights Congress | 48 3 Black Criminality and Guerrilla Law: The Black Panther Party | 73 4 Theory at Gunpoint: Race, Neoliberalism, and the Counterrevolution of Law | 103 5 Reagan-Era Fascism and Legal Originalism | 125 6 American Fascism Redux: White Power / Black Lives Matter and the Right to Fascism | 151 Acknowledgments | 179 Notes | 183 Index | 211

Bill V. Mullen is Professor Emeritus of American Studies at Purdue University and the author of several books, including The Black Antifascist Tradition (with Jeanelle Hope), and James Baldwin: Living in Fire. He is a member of the organizing collective for USACBI (United States Campaign for the Academic and Cultural Boycott of Israel).

Reviews for We Charge Genocide!: American Fascism and the Rule of Law

With the ever-increasing urgency of responding to racism and fascism today, Bill Mullen shows convincingly how this dyad has worked in conjunction throughout US history, what its main strategies and tactics have been, and how people have risen to resist and rebuff its mechanizations. Meticulously researched and firmly grounded, We Charge Genocide! Is a sweeping and riveting account of the past and a radical assessment of the present. ---David Palumbo-Liu, author of Speaking Out of Place: Getting Our Political Voices Back In We Charge Genocide! Bill Mullen carefully explicates legal constructions of American fascism and the persistent cultures of Black anti-fascism from the Civil Rights Congress to Black Lives Matter. Theoretically rich and historically engaging, Mullen recasts the twentieth-century Black radical tradition as an anti-fascist tradition.---Alex Lubin, Professor of African American Studies and History, Penn State University


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