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Are Black Reparations Constitutional?
9/08/2001 | MosesKnows

Posted on 09/08/2001 1:45:25 PM PDT by MosesKnows

Are Black Reparations Constitutional?


Two things that were called to my attention this week connected to provide a clear position on the issue of black reparations.

The first came about as a result of a conversation with my brother-in-law, which included his daughter and her boyfriend. My niece’s boyfriend is a political major and had impressed my brother-in-law and me with his answer to a constitutional question.

The discussion turned to black reparations with the observation that black spokesmen had altered their position regarding the meaning of the confederate flag. The reason proffered by the black leaders to bring down the South Carolina flag was that the flag stood for the confederacy and the confederacy stood for slavery.

However, when the subject of reparations arise and it is suggested that the civil war was adequate reparations for freeing an enslaved people the black leaders take a different position. Now the civil war was no longer about slavery but rather now, it was about state’s rights. I am amused when I ponder that if the civil war was won for state’s rights why doesn’t the state of South Carolina have the state’s right to decide what flag to fly and where to fly it.

I mentioned the more than 400 years of slavery and my brother-in-law quickly corrected me. He claimed 89 years of slavery at most, maybe less. I was quick to point out that the first slaves arrived in 1619 via a Dutch ship right up the road from us in Jamestown, Virginia.

His explained his assertion. The United States of America did not become a legal entity until the Declaration of Independence in 1776 and perhaps as late as the ratification of the Constitution in 1789. The 89 years from 1776 until the end of the civil war in 1865 are the 89 years he had referred to. I agreed with his assertion except I felt it should be the time from the ratification of the Constitution to the end of the Civil War.

In any case, that was the first thing. The second thing was a result of examining the nation’s transition from slave states before the civil war to all free states after the civil war.

Winning a civil war does not alter the Constitution. The Constitution the people established required an amendment to reflect that slavery, which was once legal and allowed, were no longer legal, or allowed.

The transition from slave to free states is found in the 14th amendment to the Constitution. Lo and behold, the issue of reparations is also made clear by the 14th amendment.

A quick review of the 14th amendment.

The Ratification of Article XIV of the Constitution was completed on July 9, 1868.

Article XIV of the Constitution consist of five sections. Section I provides that all persons born here are citizens, section II defines who counts, section III prohibits enemies or spies from elected office, unless congress approves, and section V gives congress the power to enforce.

The fourth section is what interested me in regard to the transition from slave to free states and how that connects to the issue of reparations. Read section IV of Article XIV before reading further.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.

I believe the 14th amendment speaks for itself and will not comment further. However, I am interested in your comments.


TOPICS: Constitution/Conservatism; Editorial
KEYWORDS:
My ancestry is elsewhere, as are the vast majority of people with an American heritage. My family has neither owned slaves nor been enslaved while in this country. My family did not arrive in this country until the turn of the century. My family was not here when the nation was formed nor was my family here when the civil war was fought.

The nation was free of slavery when we arrived and has remained so ever since. My family does not own whatever the descendants of slaves feel they are owned.

I was moved by the words of Martin Luther King when he spoke of his dream “that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at a table of brotherhood.”

Did Martin Luther King’s dream include the descendants of slaves seeking payment from the descendants of legal slave owners?

1 posted on 09/08/2001 1:45:25 PM PDT by MosesKnows
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To: MosesKnows
Sounds like former slave owners are constitutionally barred from suing for the loss of their slaves. Ie, "neither the United States nor any State shall assume or pay [...] any claim for the loss or emancipation of any slave" The demand for reparations is not a demand for compensation for having _lost_ a slave. And it's not a demand for compensation for the _emancipation_ of a slave.
2 posted on 09/08/2001 1:53:48 PM PDT by ConsistentLibertarian
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To: MosesKnows
Very good.

I feel the same, but could not come close to putting it on paper like you did.

Good job.

3 posted on 09/08/2001 1:59:12 PM PDT by Marine Inspector
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Comment #4 Removed by Moderator

To: MosesKnows
To be honest, since the creation of the Federal Reserve and the Federal Income Tax early in the 20th century, when has the constitution mean anything to our "leaders" in Washington anyhow?

These people really believe that we a a democracy, not a Republic. As long as an elected government passes a law, or an activist judiciary creates a new one, that is all the "constitution" they care about.

If there votes to be had, or money to be made for trial lawyers, they'll pass this, no matter what!

5 posted on 09/08/2001 2:05:06 PM PDT by bulldog905
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To: MosesKnows
With all this talk of reparations, who is us 'po white trash' gonna get even with?
6 posted on 09/08/2001 2:12:35 PM PDT by GalvestonBeachcomber
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To: bulldog905
These people really believe that we a a democracy, not a Republic. As long as an elected government passes a law, or an activist judiciary creates a new one, that is all the "constitution" they care about.

Yes, that is the problem. I have had it patiently explained to me (in the manner of an adult speaking to a very small child) that we have a 3-part government, and if the executive, legislative and judicial branches all agree on something, then of course it is "constitutional" !!!

7 posted on 09/08/2001 2:16:50 PM PDT by Arleigh
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To: bulldog905
"when has the constitution mean anything to our "leaders" in Washington anyhow?" The irony is, this thread was started by someone on FR misreading the constitution. If people _really_ cared about the constitution, they'd say "Yes, reparations are constitutional".
8 posted on 09/08/2001 2:25:08 PM PDT by ConsistentLibertarian
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To: MosesKnows
I refuse to even consider the question. We all know what is occurring here so why buy into it? Why give the race baiting dialecticians in the Democrat party the satisfaction of anything but scorn and laughter? Last year it was hate crimes and dragging deaths. Next year it will be something else. Anything to radicalize and prevent as many blacks as possible from becoming mainstream Americans.

If the left were sincerely concerned about injustices to blacks, they would do something about inner city schools. But they won't. They want blacks to be dumb, depressed and Democrat. That is why they are floating reparations. They are giving their most loyal voters false hope (reparations will never happen ) and someone to blame when their hopes are crushed.

9 posted on 09/08/2001 2:41:58 PM PDT by LarryLied
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To: ConsistentLibertarian
The whole issue of reparations is ridiculous. Discussing it and giving it press makes it seem a viable topic. (We all should get reparations from some country at some time for past abuses). How far back, isn't important. It is all another time and another place.

The South and the North as it was no longer "lives" except in memory of history, for any of us. It is simply not going to happen. Rev. Jackson has proved himself to be a fraudulent opportunist, so giving credence to his "speaking", is about enriching his pockets only.

Who cares what he thinks? My opinion.

10 posted on 09/08/2001 2:42:43 PM PDT by Countyline
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To: Countyline
Greed. Enough said.
11 posted on 09/08/2001 2:45:55 PM PDT by Righter-than-Rush
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To: ConsistentLibertarian
this thread was started by someone on FR misreading the constitution.

Are you admitting that "misreading" the Constitution is a concept you are not familar with, until now?

Twisting words to suit a particular agenda has been acceptable for some time now. It is often referred to as spin.

My agenda is to not pay reparations. What is your agenda?

12 posted on 09/08/2001 2:57:47 PM PDT by MosesKnows
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To: Countyline
"My opinion." And you could be right. But you're making a policy argument. You're saying, in effect, "Even though it would be constitutional, we shouldn't do it". The question that opened the thread was "_Is_ it constitutional?" Answer: yes.
13 posted on 09/08/2001 2:57:50 PM PDT by ConsistentLibertarian
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To: MosesKnows
You're right. People misread the constitution all the time. Altought usually they're not so brazen as to say "My agenda is X, so I just falsely claimed that the constitution prohibits X, even though it doesn't."
14 posted on 09/08/2001 3:00:41 PM PDT by ConsistentLibertarian
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To: MosesKnows
If Jesse Jackson,Al Sharpton, and the Congressional Black Caucus keep pushing this s**t..it'll be worth 20 HOuse seats and 5 senate seats to the GOP in 2002....
15 posted on 09/08/2001 3:08:51 PM PDT by ken5050
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To: Dower
Ol' Jethee Jatsun say he gonna put the boogaloo on dat white ass ifin he don't get hid mool and 40 acker.
16 posted on 09/08/2001 3:29:35 PM PDT by Uncle Meat
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To: ConsistentLibertarian
More things are Constitutional than we can ever think of doing. Whether or not it is constitutional is moot, it is not a valid suggestion that people today pay for the sins of the past; and to open the door to it, is an invitation for redress of any and every sort imagineable demanded as "owed".

It has worked, to engage people in dialogue regarding a topic; and the first thing we know, it has forged ahead as a legitimate and bonified subject.

Do not discuss it, seriously. It is a joke. Laugh. ... My view.

17 posted on 09/08/2001 4:06:42 PM PDT by Countyline
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To: MosesKnows
Who knows? The way the Supreme Court interprets the commerce clause or the so called elastic cause, anything is considered constitutional...
18 posted on 09/08/2001 5:14:23 PM PDT by paleolibertarian
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To: Dower
This whole crap can only exist because our sons and daughters have been dumbed down through sloppy uneducation, which is more like programming than education.

1. Europe, the Mid-east, Africa and ALL of the Americas played a part in slavery. In fact South America and the Carribean received about 80% of the slaves that came over.

2.Many different people have been held in slavery at different times in the human experience. White serfs in Europe were near slaves. Whites came here as indentured servants (i.e. non-paid laborers = slaves) The Romans enslaved Germans, Jews, Celts, Britons, etc. etc.

3. Blacks have already received repriations by being accepted into our society, receiving social benefits, free education, etc. etc. and by being allowed to be citizens rather than being shipped back to Africa.

19 posted on 09/08/2001 5:31:05 PM PDT by Ol'Grey Head
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To: MosesKnows
Seems to me that blaming me for something my great-great-great grandfather might or might not have done is 'corruption of blood' and unconstitutional. How exactly can I be held responsible for the acts [especially perfectly legal ones] of someone else?

-bc

20 posted on 09/10/2001 12:06:58 PM PDT by BearCub
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