Hitler thought some Jim Crow tactics went too far.
Here is an excerpt from a lawyer that did some comparative study of laws between the USA and Nazi Germany. The USA was the model the Nazi used to create their laws. The full interview is inside the article.
How the Nazis Used Jim Crow Laws as the Model for Their Race Laws
Bill Moyers in conversation with author James Whitman about his new book "Hitler’s American Model: The United States and the Making of Nazi Race Law."
BY
BILL MOYERS | OCTOBER 13, 2017
To get to the core of race in America today, read this new book by James Whitman. Whitman is the Ford Foundation Professor of Comparative and Foreign Law at Yale Law School. Prepare to be as startled as this respected legal scholar was when he came upon a meticulous record of a meeting of top lawyers in Nazi Germany after Hitler’s rise to power. Not only did those lawyers reveal a deep interest in American race policies, the most radical of them were eager advocates of using American law as a model. Scholars and historians have argued for years about whether American’s own regime of racial oppression in any way inspired the Nazis. Not only does Whitman throw a bright light on the debate, to this reader he settles it once and for all. Carefully written and tightly reasoned, backed up every step of the way with considered evidence and logic, Whitman reminds us that today is yesterday’s child, and that certain strains of DNA persist from one generation to another.
—Bill Moyers
Moyers: A stenographer was present to record a verbatim transcript of that meeting. Reading that transcript you discovered a startling fact.
Whitman: Yes — the fact is that they began by discussing American law. The minister of justice presented a memorandum on American race law that included a great deal of detailed discussion of the laws of American states. American law continued to be a principle topic throughout that meeting and beyond. It’s also a startling fact that the most radical lawyers in that meeting — the most vicious among the lawyers present — were the most enthusiastic for the American example.
Moyers: And the laws they were creating —
Whitman: There were three Nuremberg Laws eventually promulgated in 1935. The two that most concern us are usually called the citizenship law and the blood law. The citizenship law reduced Jews to second-class citizenship status in Germany. The blood law banned, and in fact criminalized, interracial marriage and sex. But there was a third as well, which was called the flag law for the Reich, the purpose of which was to install the swastika as the exclusive flag of Germany.
Moyers: What were they interested in learning about American law?
Whitman: American law, hard though it might be for us to accept it now, was a model for everybody in the early 20th century who was interested in creating a race-based order or race state. America was the leader in a whole variety of realms in racist law in the first part of that century. Some of this involved American immigration law, which was designed to exclude so-called “undesirable races” from immigration. In 1924 American immigration law in particular was praised by Hitler himself, in his book
Mein Kampf.
But it wasn’t just about American immigration law. There was also American law creating forms of second-class citizenship — for African-Americans, of course, but also for other populations including Asians, Native Americans, Filipinos and Puerto Ricans. Not least, there were statutes in 30 American states forbidding and sometimes criminalizing interracial marriage. Those were of special interest to the Nazis.
Moyers: And these lawyers saw America’s “Negro problem” as similar to their “Jewish problem?”
Whitman: You bet they did.
Moyers: American law did not specifically target Jews, but—
Whitman: But it certainly had a highly developed body of law targeting other groups. And the Nazis, although it is true they were unhappy with the lack of American interest in targeting Jews and deplored some aspects of American society, were quite interested in learning from what Americans did in targeting these other populations.
Moyers: The Nazis believed American blacks were multiplying so significantly they would eventually overwhelm the US. There are photographs in your book from a Nazi magazine with images of American blacks at the time, and the caption reads: “The Negros are multiplying significantly more strongly than the white population of the United States. Their constantly growing numbers are a source of great concern to American statesmen.”
Whitman: It’s certainly the case that there were American statesmen, if you want to call them that, especially in the South, who were concerned about the birthrate in the black population. And it’s certainly the case that the Nazis, when they encountered American uneasiness of that kind with regard to the black population, were seeing concerns akin to their own.
Moyers: And that same Nazi magazine showed pictures of the world champion American boxer Jack Johnson, who was not permitted to return to the US because he had married a white woman in Paris. The caption reads, “Mixed marriage between white and black are forbidden in most states of the union.” This ban appealed to the Nazis, didn’t it?
Whitman: It sure did. It was one of the great demands of the Nazis — and again, especially of the radical Nazis — that interracial marriage should be not only prohibited, but criminalized. When they looked for models around the world for the criminalization of interracial marriage, though, they only found one example — well, really 30, because there were 30 American states with anti-miscegenation statutes. And it was to these statues that the Nazi lawyers turned.
Moyers: I was taken with the revelation that to these German lawyers, American blacks “were not a desperately oppressed and impoverished people, but a menacing alien race of invaders that threatened to get the upper hand and therefore had to be thwarted.” There were Americans who believed the same thing in that regard as those German lawyers believed — that blacks were a threat to white rule. Still are.
Whitman: They sure did. Of course, this is the idea and the background of the notorious film
Birth of a Nation, screened, as we all know, by President Wilson in the White House. What an awful thought! There were believers in this bizarre interpretation of the American race situation all over the country. Not just in the South, but in places like Columbia University. It was commonplace [for people to think] that America was threatened by this kind of takeover.
Moyers: You quote the German writer Wahrhold Drascher, whose book was titled Supremacy of the White Race: “Americans took care to guarantee that the decisive positions in the leadership of the state would be kept in the hands of Anglo-Saxons alone.”
Whitman: Yeah, that’s what he said. And the Nazis, in their interpretation of the American theme, thought that they were seeing concerns parallel to their own in Germany. What they were worried about in the early stages was precisely that Jews might take over Germany, so the Jews had to be kept out of government, out of the legal profession, and out of any other situation in which they might exercise what the Nazis always called influence. The Nazis used exactly the same language in discussing the situation of American blacks.
Moyers: You quote one prominent Nazi lawyer who admired the Democratic Party of the South for using “racist election law” to build a one-party system.
Whitman: Yes. And the Nazis weren’t the only ones to notice this. Other observers too, including much more palatable ones, looked at the South and saw what they thought was the creation of a one-party system very similar to what was emerging in fascist Europe.
Moyers: So what did those German lawyers meeting in 1934 see when they looked at America in the early 1930s?
Whitman: It has to be said that there was a kinship when it came to the writing of racist laws. There was especially, but not exclusively in the South, a tremendous interest among American legislators and American judges in guaranteeing what was sometimes called the Anglo-Saxon or white character of the country at the time. And American lawyers were quite ingenious, as American lawyers often are, in devising law that was intended to serve that end. The first thing that the Nazi lawyers saw to admire was precisely that ingeniousness, that innovativeness of American law, that willingness to look beyond the traditions of equality that we find in the law for new solutions to guarantee what they regarded as the proper racial purity of the United States.
There were many other currents, some very admirable currents that are still with us in the United States, that the Nazis saw and deplored. They were sort of mystified at how a country so clearly dedicated to white supremacy could also [have] something like the 14th Amendment to the Constitution, which guarantees equal rights to American citizens — among whom, [after] the Civil War, were to be counted the freed black people of the South.
Moyers: And how did the Nazi lawyers square that with their admiration 50 years later of American racist laws?
Whitman: Well, many of them said exactly what American observers still say today, what political scientists will say today — that there were two competing currents in American law: on the one hand, a commitment to universal equality, but on the other hand, a deeply racist tradition, which the Nazis often called the realistic racism of the United States. They liked to think of themselves as realists and they admired the realist racism of the United States too.
Moyers: The racism that existed and was practiced irrespective of law.
Whitman: That’s it exactly. Realism from their point of view meant grappling not only with the world, with the real problems of the world as they presented themselves, rather than formalistic legal abstractions, but also giving effect to the deeply rooted, intuitive racism of the American population in general.
Moyers: So what those Nazi lawyers creating the Nuremberg Laws saw and admired was the United States going about the political construction of race. Americans were using politics to shape laws that would result in a political system organized around race, despite the absence of any meaningful scientific definition of race.
Whitman: That’s it exactly. And of course the problem that they faced involved precisely the difficulty in finding meaningful, reliable scientific definition according to which you could determine who belonged to which race. There were some moderate Nazis involved in the meeting on June 5 who claimed that you couldn’t have criminal statutes targeting Jews because it was impossible to define who counted as a Jew. The response of the radicals is exactly the response you mention: “Ah, but there’s a political imperative to construct some conception of race by which we can persecute Jews, even if it’s not clearly scientifically justifiable.”
Moyers: And they saw America doing that in regard to people of color, particularly black people.
Whitman: Boy, did they ever. In fact, they saw America doing it in a more radical fashion than any of the Nazis themselves ever advocated. I mentioned earlier the demands of the radicals during the early Nazi period in 1933, which were embodied in something called the Prussian Memorandum. Kind of a sinister name, but that’s what it was. The Prussian Memorandum specifically invoked Jim Crow as a model for the new Nazi program, and here’s the irony: The Prussian Memorandum also insisted that Jim Crow went further than the Nazis themselves would desire to go. They were planning to ban offensive socialization between the races if it took place in public but not in private. They went on to observe that the Americans went even further than that, banning interactions even in private. As Nazi debates continued, however, there was a great deal of disagreement over whether anything like Jim Crow segregation was appropriate for Nazi Germany. In fact, if you read the stenographic transcript of that meeting we’re talking about, you’ll come across a leading Nazi radical who denied that segregation would work in Germany. As he put it, “The Jews are just much too rich and powerful. Segregation of the Jim Crow kind could really only be effective against a population that was already oppressed and impoverished,” like the African-American population in America.
Moyers: And Adolf Hitler writes in Mein Kampf: “The racially pure and still unmixed German has risen to become master of the American continent and he will remain the master as long as he does not fall victim to racial pollution.”
Whitman: That was Hitler, alright. And he was not the only one. Other authors and political leaders on the far right spoke in similar terms. One Nazi writer described the founding of the United States as “the fateful turning point in the Aryan struggle for world domination.”
Moyers: Reading Mein Kampf?
Whitman: Yes. It’s obvious that American and the Jim Crow era had a race-based or racist regime that resembled what emerged in Germany, so the question of whether there was some influence was a natural one, or at least some resemblance. And I thought I’d just take a look to see what I found and once I began looking, I found a lot.
Moyers: You quote the Nazi author of The Supremacy of the White Race, Drascher, who said that were it not for the contribution of the Americans, a conscious unity of the white race would never have emerged. Reading just that sentence, I can feel rumbles from American politics today, and it’s chilling.
Whitman: It sure is. I didn’t expect to produce a book that would be timely in the way this one has turned out to be timely. But over the past year, the continuities in American history seem to have revealed themselves.
How the Nazis Used Jim Crow Laws as the Model for Their Race Laws