Restitution for Slavery & Gross Discrimination

Current
Situation
 
The topic of slave reparations for African-Americans who experienced slavery prior to the end of the Civil War has been a source of contention ever since President Andrew Johnson rescinded General Sherman's award of "40 acres and a mule" to former slaves.  Recent coverage of this issue by ABC News provides an overview of the issue.

In reality, President LB Johnson prompted Americans to begin making restitution to African-Americans starting in 1965, and those "reparations" have been termed "affirmative action".  The nature of the affirmative action program is, in effect, a class action settlement.  The beneficiaries of this program include descendents of slavery, and the victims of more recent gross-discrimination.

Even the most ardent white supremacist should look at 1950s vintage photographs of segregated bathrooms, and agree that situation smacked of an unfair situation.  Segregation was an example of gross discrimination.  In a non-ideal society, there will always be subtle discrimination due to personal defects within our citizenry.  Such subtle discrimination is reciprocated black to white, and white to black; and, there's absolutely nothing the force of government can do to prevent subtle discrimination.  Further, isolated pockets of gross discrimination will always remain, and the courts are available to handle modern violations.

After passage of the Civil Rights Act, gross discrimination certainly began to recede.  My personal speculation is that by 1970, the vast majority of governmentally sanctioned, gross discrimination had ended.

A rash of lawsuits are being filed to extract compensation for past sins.  Such lawsuits are being filed by such groups as the Reparations Coordinating Committee, led by Charles Ogletree, and  TransAfrica, founded by Randall N. Robinson.  Even such ardent slave reparation activists should recognize that an 18 year old stockholder of old American corporations is not guilty of the sins committed prior to 1970.  My Mom once said, "Two wrongs don't make a right."

The United States must somehow put this chaos behind us, and we must do so without destroying the free society on which we all depend.

 

Proposed
Changes
While most law enforcement is subject only to state jurisdiction because the US Constitution does not give the federal government broad powers in domestic crimes, civil rights violations are different.  When the autonomy of states have proven to thwart constitutionally protected ideals, it is then the duty of the federal government to correct human rights abuses.

Amend the Civil Rights Act of 1964 to categorize it as legally being a broad class action settlement, and include a phase out period.  The following proposal illustrates the intent, but specific dates and time durations are subject to debate.  The proposal is based on the general idea that affirmative action should end after most persons who experienced legal, gross discrimination have reached their normal life expectancy.

Continue affirmative action programs, in full, up until the year 2030, and begin a 5 year phase out period.  After the year 2035, affirmative action programs will be totally discontinued.

 

Expected
Benefits
Adoption of this proposal will prevent the coming onslaught of lawsuits that threaten to tear apart the fabric of our American society.

After the year 2035, with respect to this issue, America should be able to proceed with a relatively clear conscience having placed this injustice firmly out of the present, and into the past.