Skip to comments.Reparations = Rape A Nation
Posted on 03/27/2002 3:51:29 AM PST by KeithFL
Well .. here we go. Lawsuits being filed today against several large corporations seeking damages for slavery. The lawsuits are being filed against Aetna Insurance, CSX Railroad and Fleet Bank.
This is just another illustration of just why we need a loser pays legal system. You want to file a lawsuit? Fine! File away! But if you lose. If the judge or the jury doesnt think you had a case you get to pay all of the legal fees and expenses of the party you drug into court. If this gaggle of lawyers faced the possibility of paying the legal fees for the defendants in this slavery lawsuit it never would have been filed.
This lawsuit is doomed to failure. Doomed to failure unless, that is, some appeals court somewhere decides to completely change Americas legal system.
Here are just a few points to consider:
Statute of Limitations. In most states you have to bring a lawsuit for economic damages within four to six years of the date those damages were incurred. In this case were talking about 143 years or so. If this case stands, what is to keep every individual in this country for going back through their family tree to find some ancestor who was somehow wronged by some bank, railroad, insurance company, university or other business and filing a lawsuit. You could claim that if the bank had not foreclosed on your great-grandfathers farm 75 years ago you would probably be in line to inherit that farm now --- and you want your monetary damages.
Proving loss. There are about 37 million blacks in the U.S. Contrary to popular wisdom, not all are descendents of people held in slavery in the United States. Some trace their ancestry back to the Caribbean. Some to South America and some to Africa after the end of the slave trade. Just how are the courts going to figure out which Americans are entitled to damages and which are not?
What about Whites? Another shocker. Not all slaves were black. Will the descendants of whites held in slavery in the United States be entitled to their share of the damages?
Changes in the law. What Aetna and the other companies were doing 150 years ago was legal under the laws that existed at that time. Were the laws wrong? Of course! But the solution there is to change the law not to go back and punish companies for their lawful actions. Perhaps some folks need to go read the Constitutional prohibition on Ex post facto laws. I know this isnt a criminal case, but the same legal philosophy should apply.
Proving a causative connection. Lets say youre black and youre living in poverty in the United States in 2002. Make your case. How are you going to prove your poor economic status in 2002 is the direct result of slavery in 1860? How are you going to refute the evidence that your economic reality is a result of your own decision making rather than a result of your great-great-great grandmothers condition of servitude?
Yeah, I guess its possible for some politically correct court to step in and completely change our legal system to allow this absurd lawsuit to proceed. In this day and age anything can happen. To me it just looks like an exercise designed to enhance the reputation and finances of some leftist attorneys and an effort to reinforce and validate the victim status of blacks in America.
In 2002 you just dont count if you cant claim your victim status.
They better be careful...God forbid they win this case, or someone else wins a reparations case. As a taxpayer who is tired of being gouged to support various and sundry do-nothings...if people receive reparations payments, their ride on the gravy train is over!
With a reparations settlement in hand...show me why affirmative action, aid to dependent children, public housing, welfare, etc are any longer required.
Any taxpayers out there? We need to file suit for the TRILLIONS OF DOLLARS spent on welfare for blacks. I think we deserve repayment.
You know, that's almost a convincing argument to lose the court case. Think about it -- if reparations are paid, then the pain would be experienced now. All of the liberal social programs should immediately be abolished, which then would enable the government to further reduce our tax burden and take the pressure off of our children to support the impending implosions of Social Security and Medicaid.
Hmmmmm. I still can't bring myself to thinking that this reparations issue is anything but a horrible stupid idea though.
But I believe Keyes, Sowell and Williams would oppose calls for reparations.
The modern descendants of slaves brought here in chains in admittedly miserable, soul-gutting conditions who are now calling for reparations need to remember a few things:
They should not only be glad to be in America, they should be glad to be ANYWHERE !
Had that NOT happened, the blood of their ancestors would have run into the earth over there several centuries ago and these modern day would-be "plaintiffs" would not even exist.
And should the great-great-great grandchildren of the approximately 3,000 SLAVE OWNING BLACK plantation owners in this country also be subject to PAYING these reparations?
If so, how do we find THEM?
Robert Hitt Neill tells of attending a Tennessee Mountain Writers Conference years ago with several other authors. Among them was Alex Hailey, celebrated author of Roots. Watching a TV news show, a group of them watched a demonstration in a Southern state against the Rebel flag incorporated into that states flag. The very next report covered a famine in Africa. Graphic images showed dead bodies, starving children with distended tummies and runny noses and dying people covered with flies, too weak to brush them away.
Mr. Hailey intoned in a low, serious voice:
Every time an American black sees a story like that, they should find a Confederate flag and kiss it. He then pointed to the TV screen and continued, Because these would be me and my descendants, except for American slavery. I thank God that my family and I are here instead of there.
And how about the WHITES and ASIANS who have slavery in their backgrounds?
I have yet to hear anyone, other than a fanatic, argue this point. Civil War II?
Here's my suggestion; offer a "settlement" of a dollar amount that would be calculated at the prevailing labor rate at the time that slavery was legal in our country (say 1835). The total figure then could be paid out in a lump sum, in currency that was the legal tender at that point in time. Naturally, their attorney's fees would be counted as part of that settlement and would be included.
They will spend every last penny in our economy and will refuse to ever go back to paying taxes when the 50 years are up.
They were reduced to humiliation, deloused and given rough physicals. They were handed their walking papers and to survive, most of them found their way to the Steel Mills of Pittsburg, carrying buckets of water to the men working the furnaces. They worked like slaves just to live in this country.
But they made a life for themselves, and some even did very well. I thank them for giving me the chance to be born and live in this great country, or else I might be living in some tiny town in Italy right now, picking grapes.
If some of our African American friends think they would have been better off had their ancestors never left Africa, I invite them to go home again. They'll be back.
The same philosophy does not apply when it come to the EPA if you look at the GE/Hudson River case.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.