We are currently in flux as a society. Defund the police is a large movement. Black Lives Matter is a movement. Citizens express their indignation with the Government, Political parties, and each other. It gives you pause to think about he way this all should work. But, I am a realist. I have been a repairer of things my entire life. So, this issue is nothing more than a problem that needs a solution. I think I have one that makes sense and works. Lets go through it step by step.
The simplest case for reparations is that people financially benefited from the work of the slaves they owed. I agree with that statement. Slave owners bought and sold human beings for their own benefit. It is factually incorrect to say otherwise. In today’s terms it would be known as theft, kidnapping, human trafficing, and an invalid contract. Aside from any feelings about slavery, it has had an impact on the black culture. So, lets just acknowledge that and move on to how to fairly compensate the victims. This is where it becomes a simple, legal, and fair way to proceed.
We don’t need to have all Americans pay for the ignorance and cruelty. All Americans didn’t participate in slavery. Slavery was in grained in the southern lifestyle. Just that statement eliminates the States deemed to be the Union states. They fought against it. They won the war. they did their part of calling out a huge injustice. That leaves only those states that were in the confederacy as defendants to the legal action. If we remove the 85 percent of southeners that did not own slaves, that leaves 15 percent who did. So, this group is the ones who directly benefitted from slavery. Being that slaves were considered property, there is a paper trail. Meaning we can know who was a slave and who was an owner. That gives us a pool of defendants and the ability to locate the desendents of those who owned slaves or the people that received the long term benefits of slaves.
We have identified defendants in this action, lets define our plaintiffs. Anyone who was a slave is a possible party to the action. That would mean that any descendants of slaves would have standing to bring action against those who benefitted from slavery. see, that wasn’t so hard. Now we know who can sue who. Anymore than that is counter to the judicial system. This is where the US legal system and the constitutional come right in line with the ability to sue and the procedure to do it. We just have to pass a very simple law at this point. It should be a simply wrote law that everyone can follow.
The law should state the following in clear precise language: That people were brought to this country against their will, those people have had their basic human rights trampled on, those people were denied justice and should have their day in court. Exempt any plaintiff from any statues that would prevent this action. Easy lemon squeezy. Let those who feel they have been wronged be able to recoup damages. It also puts the defense of that action squarely on those who benefitted, while not trying to hold an entire race and society responsible for the actions of the few.
This may not be a popular position. What position is anymore? The truth of this country is that we are a capitalist nation. We generally monetize things. We feel that people have to made to pay. Example, the Brown family sued OJ for damages from the death of Nicole. They won. The legal systems calls it a loss as OJ wasn’t convicted. But the Brown family made him pay. This is the way we do things. We as Americans have a right to sue. I will leave you with the words of our constitution.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law