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Reparations Affirmative
Reparations Affirmative v1.3..........................................................................................................................................1
1AC Inherency.............................................................................................................................................................3
1AC Plan Text..............................................................................................................................................................4
1AC Race Construction...............................................................................................................................................5
1AC Property Rights..................................................................................................................................................11
1AC Solvency............................................................................................................................................................15
1AC Risk Calculus.....................................................................................................................................................19
***Case Debate...........................................................................................................................................................21
Inherency Stripped Reparations.................................................................................................................................21
Inherency Stripped Reparations.................................................................................................................................22
Reparations Solvency Trust Funds Solve..................................................................................................................23
Reparations Solvency Would Use Money for Education...........................................................................................24
Reparations Solvency Monetary Key........................................................................................................................25
Reparations Solvency Low Income Persons Key......................................................................................................26
Reparations Solvency Low Income Persons Key......................................................................................................27
Reparations Solvency Obligation to the Poor...........................................................................................................28
Reparations Solvency Collective Compensation Key...............................................................................................29
Reparations Solvency Federal Government Key.......................................................................................................30
Reparations Solvency Momentum Now....................................................................................................................31
Reparations Solvency Blacks Want Them.................................................................................................................32
Reparations Solvency AT: But The Slaves Are Gone................................................................................................33
Reparations Solvency Must Compensate Current Blacks.........................................................................................34
Reparations Solvency AT: SQ America Responsible..............................................................................................35
Reparations Solvency AT: Corporations Key............................................................................................................36
Racism Solvency Federal Action = Global Spillover................................................................................................37
Racism Solvency Reparations key to Self-Sufficiency.............................................................................................38
Racism Solvency Exposure Key................................................................................................................................39
Racism Solvency AT: Turn: Plan Recognizes Race...................................................................................................40
Property Rights Solvency Reparations Key...............................................................................................................41
Property Rights Solvency Reparations Key AT: Welfare........................................................................................42
Property Rights Solvency Welfare Dependence High...............................................................................................43
AT: Apologies Solve Not Enough..............................................................................................................................44
AT: Apologies Solve Not Enough..............................................................................................................................45
Welfare Dependence Now AT: Affirmative Action Good..........................................................................................46
2AC Add-On Reparations key to Value to Life.........................................................................................................47
2AC Add-On Reparations key to Value to Life.........................................................................................................48
2AC Add-On Cultural Value......................................................................................................................................49
2AC Add-On Civic Engagement...............................................................................................................................50
Civic Engagement Solvency Reparations Key Ext....................................................................................................51
Civic Engagement Solvency Reparations Key Ext....................................................................................................52
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***AT: Off-Case Arguments......................................................................................................................................53
2AC T Social Services...............................................................................................................................................53
2AC T Social Services...............................................................................................................................................54
2AC T Social Services AT: Govt Definition..........................................................................................................55
2AC T Social Services AT: Govt Definition..........................................................................................................56
2AC T Poverty...........................................................................................................................................................57
2AC T Poverty...........................................................................................................................................................58
2AC T Poverty...........................................................................................................................................................59
2AC Vagueness Sufficient.........................................................................................................................................60
Generic AT: DAs Risk Calculus................................................................................................................................61
Generic AT: DAs Risk Calculus................................................................................................................................62
1AR Economic Calculations Bad.................................................................................................................................63
1AR Economic Calculations Bad Ext...........................................................................................................................64
AT: Economy Impacts...................................................................................................................................................65
AT: Politics Bad Policymakers..................................................................................................................................66
1AR AT: Politics Bad Policymakers..........................................................................................................................67
1AR AT: Politics = Democratic....................................................................................................................................68
AT: Politics Obama Pushes........................................................................................................................................69
AT: Politics CBC Likes It..........................................................................................................................................70
AT: Politics Plan Costs PC.........................................................................................................................................72
AT: Nietzsche Kritik Plan Positive Politics..........................................................................................................73
AT: Capitalism Kritik - Generic 2AC Stuff..................................................................................................................74
AT: Capitalism Kritik 2AC Perm Solvency...............................................................................................................75
AT: Capitalism Kritik 1AR Perm Solvency...............................................................................................................76
2AC States CP...............................................................................................................................................................77
2AC Courts CP.............................................................................................................................................................78
2AC Just Monetary CP.................................................................................................................................................79
1AR Monetary Incentives CP Beggar DA Ext...........................................................................................................80
1AR Monetary Incentives CP Dependence DA Ext..................................................................................................81
2AC Specific Reparation CP........................................................................................................................................82
AT: No Child Left Behind CP.......................................................................................................................................83
AT: Reparations Word PIC............................................................................................................................................84
***Negative Section....................................................................................................................................................85
Social Services Violation - Welfare...........................................................................................................................85
No SolvencyAT: Japanese Reparations Prove..........................................................................................................86
2NC CP Solvency Litigation Key..............................................................................................................................87
Reps K1NC Link.......................................................................................................................................................88
Reps KLink...............................................................................................................................................................89
Economic Collapse Turns Aff.......................................................................................................................................90
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1AC Inherency
Observation OneInherency:
The senates recent apology with no reparations only angers the African American
populace reparations are the only way to heal such explicit injustices
William Douglas, 6/19/2009, McClatchy News Service, Star tribune, Senate call for slavery apology meet
unlikely foe
WASHINGTON - The
Senate passed a resolution on Thursday calling on the United States to apologize officially for
the enslavement and segregation of millions of blacks and to acknowledge "the fundamental injustice, brutality and
inhumanity of slavery and Jim Crow laws."The resolution, sponsored by Sen. Tom Harkin, D-Iowa, passed on a voice vote. It now
moves to the House, where it may meet an unlikely foe: members of the Congressional Black Caucus. Several caucus members
expressed concerns about a disclaimer that states that "nothing in this resolution authorizes or supports any claim
against the United States; or serves as a settlement of any claim against the United States ." Those caucus members say the
disclaimer is an attempt to stave off reparations claims from the descendants of slaves . "Putting in a disclaimer
takes away from the meaning of an apology," said Rep. Bennie Thompson, D-Miss. Thompson noted that a 1988 apology that the
government issued to Japanese-Americans held in U.S. camps during World War II had no disclaimer and didn't prevent them from receiving
compensation. "The language is unacceptable," said Rep. William Lacy Clay, D-Mo., "I'm a reparations man -- how else
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of slavery
translated into the daily experience of degradation, humiliation, rape, maiming, torture, and murder of millions of
human beings, and all of this under a political system ostensibly aimed at establishing justice and securing the
blessings of liberty to all.35 It was the wholesale incompatibility between the natural law based principles expressed in the Constitution and
the Declaration of Independence and the practices of slavery that fueled the abolitionists outrage over the system and lent political legitimacy,
social urgency, and moral superiority to their cause. The denial of full citizenship and dignified treatment to blacks was
rationalized, explained, and justified under the law, both explicitly and implicitly, by a socially and culturally
constructed theory of race.3 This theory posited race as an objective fact, and the white race as inherently and
biologically superior to all others.38 Indeed, the theory of white superiority and widespread commitment to the
practices of racialization based thereon were important to the maintenance of the institution of slavery, and later
segregation, in light of the Nations stated founding principles of universal equality for men.3 As has been explained elsewhere,4 the
modem notion of race and the ideology of white superiority were seventeenth and eighteenth century cultural constructs designed to
answer these otherwise unacceptable contradictions between principle and practice in a way that would permit
continued super-exploitation of blacks under the emerging capitalist system.41 Against the background of the theories of
biologically-determined race and white superiority, social Darwinism and the theory of natural selection came along in the nineteenth century to
lend an aura of scientific legitimacy to racialist assumptions and hunches prevalent among eighteenth century leaders.42 Perhaps even more
devastating for its lasting implications, these latter theories served not only to absolve official society of its sense of moral or legal responsibility
for the consequences of state-sponsored slavery and racial subordination, but also to call into continuing question the causal connection between
these officially sanctioned subordinating practices and the experiences of racialized groups in America.43
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atheism is well-grounded, would you not try to imagine the slaves in a way that did not buy into the ways in which
their owners categorized them religiously? Notice that such reflection goes beyond assumptions that religious freedom is an inalienable
right. The project of rectification thus requires more than egalitarian pluralism on the grounds of race . It is not enough to
say, "It is morally wrong to treat people differently on the grounds of biological race and people who behaved that way in the past were wrong."
We have to be prepared to say "Not only is it morally wrong to treat people differently on the grounds of biological
race but it is mistaken and wrong to think that there are biological racial differences among people, and it is
mistaken and wrong to think that such differences existed when they were used as a basis for slavery ?' That is, we
have to be prepared to think about slave owners and their slaves as members of the same biological race,
because nothing less than that will fully restore humanity to our ideas of slaves. While it may seem disrespectful to
suggest that African Americans who may resist the idea that they are same race as whites are thereby mistaken, I think it is worse than
disrespectful to deny that slaves were of the same race as their owners. They were of the same race according to universal human rights doctrine,
insofar as that doctrine purported to extend to all of mankind, its hypocrisy not withstanding. And they were of the same race to the extent that
social constructions of racial categories rest on biological categories that are now known not to have factual support
in biology.
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be flat and if after it was proved not to be flat, the public continued to believe that the earth was flat, this would not
make the earth flat. Human racial divisions have never been biologically real and the constructions of race in
generations of lifeworlds does not make the taxonomy real. The lifeworlds, of course, were and continue to be real. However, the
biological idea of race was not fully developed until U.S. slavery was well established as an institu tion. The second way in which the
enslaved were raceless is that there is no evidence of the biological idea of race in the histories of the African
cultures from which those enslaved originated. The biological idea of race was always a Western European and U.S.
scientific idea imposed on human beings who were otherwise treated unjustly and it was imposed precisely by their
oppressors. As an imposed identity, biological race is a scientific idea. Its nature is mainly cognitive in that it avowedly depends on
evidence and conclusions from the biological human sciences. To be sure, African Americans have always had other ideas of race
than the biological scientific one, ideas connected with resistence, distinctive cultural transmissions and creations, personal
identity and group identity. Those ideas, like the false biological idea, have been attached to physical appearance , social
status, and family genealogy, but in lived ways, rather than cognitive scientific ones. These lifeworld ideas of race have
been the inside view of the imposed false biological taxonomy, as well as the inside view of the imposed moral taxonomy that
accompanied the false scientific one. U.S. slaves were raceless biologically, but not, of course, existentially. Their resistance,
creativity, suffering and endurance, under the imposed idea of biological race was a socially and psychically real racial existence. But in the
cognitive dimension of the taxonomy that was used to justify their enslavement, the slaves were as raceless as their owners. To view them in this
way restores their humanity to our ideas of them, because it removes from those ideas all the malign imputations of human inferiority and moral
baseness that were an integral part of the false hierarchical biological taxonomy that constituted the ideas of race when slavery was defended.
There was nothing inherent about the slaves that was biologi cally black or "negro " - remember that Negro was written with a
small 'n' until W. E. B. Du Bois's efforts in the 1930s - to which a false moral taxonomy could be attached. The fiction of physical racial
essences was dead in biological anthropology when the last candidate for racial essences, human blood types, were
found to vary independently of social racial groups.9 Moreover, the biological typology of race always character ized entire human
beings as Negroid, Caucasoid, Mongoloid and so forth. The ontology of races was thus a totalizing form of human identity. To remember
U.S. slaves as full human beings whose humanity was distorted, injured and obscured for no reason other
than that such assault and depriva tion benefitted others, is to restore ontological as well as moral innocence to those
enslaved, concerning the grounds of their enslavement. If the slaves are viewed as raceless, the moral judgment
against their oppressors becomes all the more harsh because their ideas of biological race become evident as
convenient, interested justifications. In this context, it is no excuse to plead innocence of later science, just as it is no excuse to plead
innocence of later law. Perhaps, less anachronistically, it could be claimed that the scientists who created the false biology and those who
benefitted from slavery were part of the same white supremacist group, all both individually and collectively responsible for the wrong of
slavery.10 Furthermore, that U.S. citizens who were not themselves slave owners condoned, accepted or merely acknowledged the existence of
slavery on the grounds of false racial divisions that were developed after the fact of slavery serves to condemn the whole society for its mass
delusion. And, to repeat, it restores ontological innocence to the slaves, on the grounds of their enslavement. It is no
longer even necessary to remind people that the slaves did not choose to be biologically black. Rather, remind them that the
slaves were no more biologically black than the ancestors of those who are not African American. Remind them that because race is
biologically unreal, there is no physical hereditary stuff to which the imputed inferiorities could have been attached .
What Glenn Loury has recently called racial stigma, or "dishonorable meanings socially inscribed on arbitrary bodily marks"11 cannot include
being descended from slaves without a mediation of something unique about slaves that was associated with their slavery. The practice of genera
tionally inherited racial stigma could not have come into being without a belief that race is inherited. Those phenotypic traits that have been racial
ized are inherited, but they are no different from any other heritable traits and there is no guarantee that if an ancestor had one or more of them,
that descendants will have them as well. Nothing short of the traits defining all Homo sapiens as a species are present in any
group large enough to count as a race in the social sense, given the reality of Mendelian heredity.12 Rather than focus on racial
stigmas in diagnoses of ongoing racism, liberatory critics should begin investigating the slander and libel involved in applying the idea of
biological race, and they - we - all U.S. citizens should interrogate the context in which those who were enslaved in the
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U.S. were, in addition, insulted by being racialized in a false biolog ical way. Such interrogation can be directed to many different
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insulted and slighted by having false ideas of biological race applied to them could seek reparations for the harm
which has occurred in their lifetimes. Ignorance of the truth is no longer a credible excuse, given that biologists and
anthropologists have been disabusing themselves of the idea of biological race for well over fifty years. The information is available for school
children and for principled educators who care to teach them. But, perhaps this stretches the meaning of reparations. We do not speak of
reparations for present crimes. If the perpetrator is found guilty in civil court, the term is "damages," while if society pays the victim, the term is
"compensation." How, specifically, does the biological racelessness of U.S. slaves affect the nature of reparations for slavery? Let us forget for a
moment that reparations are presently impractical and figure out who alive today would be entitled to reparations, given what is now scientifically
known about biological race. It cannot be said that all who are racially black in an objective biological way are entitled to reparations, for several
reasons: there were free blacks since before slavery and black immigrants who arrived after slavery was abolished. Even if these problems could
be solved, there is no objective way to determine who is black because "black ness" as a biological category has no meaning scientifically. If we
say that the descendents of slaves would be entitled to reparations, the ques tion is how slave ancestry could be proved for all the cases to whom it
would apply. The situations were different for American reparations to Japanese Americans for unjust internment during World War II and for
German payments to Jewish survivors of the Jewish Holocaust, or their relatives. Both Japanese Americans and German Jews had civil rights in
the offending countries before the injustices against them were committed. The antecedent possession of such rights and the attendant social
status of Japanese Americans and German Jews, as persons, made it relatively easy to document their victimization and their family genealogies
decades later. The crimes against U.S. slaves were crimes against people with no civil rights or even the minimal social standing that would
document their identity as persons (e.g., addresses, surnames, property ownership, and birth, death and marriage records). Can we say that all
who have been considered black are entitled to reparations because they have been affected by a distinctively U.S.
form of racism that originated in slavery? Yes, but it is not the historical origins of racism that are important here but the fact that
present U.S. anti black13 racism is associated with the belief that blacks were once slaves in the U.S. That is, U.S. anti-black racism is cruel,
because it punishes people unjustly in part because they belong to a group that has a history of unjust punishment.
The truth emerging here is that whether we like it or not, reparations, even on the impractical level
of discourse, concerns payment to people alive today, on account of what they are still suffering
today. Should there be a needs test so that black millionaires are ineligible for reparations, or is suffering from racism a question of mental pain
and suffering? Again, present racism becomes the subject. Perhaps some of the confusion about reparations can be clarified by
focusing on who should pay. There are the similar problems identifying the white racial group: white immigrants may have arrived after
slavery; some whites had ancestors who were enslaved during the colonial period; there is no objective way to determine a white race, any more
than a black one. The problem of proof of ancestry is not likely to come up on the part of those who would make
payments, but it could come up for those who wanted to claim exclusion from having to make payments . However,
all whites do presumably benefit from ongoing racism and blacks suffer from it. Since there is no fair and objective way to
pick out the payees, as white, perhaps state and federal governments, as the present incorporations of past governments condoning slavery, should
pay reparations to all who are now considered black, because they still suffer racism that is connected with the belief that they are descended
from slaves. Since governments get their money mainly from taxation, everyone, including members of the group considered black, would be
paying for reparations. There is a cruel irony in this. Even on a purely theoretical level, with no consideration of cost, the idea of reparations for
slavery flounders. However, as even this brief discussion of the problems with reparations makes evident, any justific ation of reparations
as payment to people alive today, will likely have some reference to present racism. If the descendants of U.S. slaves now
constituted a ruling class, or even a solid middle class, it is difficult to imagine the subject of reparations for slavery arising.
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1ACRace Construction
The biological determinations of the current racist system make social normalization
possible and unchallengeable
ELDEN, lecturer in politics at the University of Warwick, England, 2002
Stuart, The War of Races and the Constitution of the State: Foucault's Il faut dfendre la socit and the Politics of
Calculation, Boundary 2 29.1, Spring, p. 132-3
Responding seemingly to comments he had received, Foucault begins the following week's lecture by noting that he is not undertaking a history
of "racist discourse" but one of "the war or the struggle of races." Modern racism is only "a phase of, a returning to, the reprise of" this
older discourse (FDS, 57). To put this into more explicitly Foucauldian language, he is undertaking a genealogical study of
the struggle of races, and this history may enable him to make more general points about modern racism as a history
of the present. As the editors of the course note, the contemporary context is set by the events of 1968 in Czechoslovakia and France, the
Vietnam War, Black September in Jordan (1970), student revolts in Portugal (1971), the IRA in Ireland, the Yom Kippur War, the "Colonels"
regime in Greece, the overthrow of Salvadore Allende in Chile, fascism in Italy, the miners' strike in England, Francoism in Spain, the Khmer
Rouge in Cambodia, and civil war in Lebanon, Peru, Argentina, Brazil, and several African states. 17 However, this older discourse, in
sociobiological terms, served the ends of social conservatism and, in some cases, at least, colonial domination (FDS,
57). Modern racism replaces the theme of the historical war with the biological theme , postevolutionist, of the struggle
for life. "It is no longer a battle in the sense of a war, but a struggle in a biological sense: differentiation of species,
selection of the strongest, survival of the best adapted races . Indeed, the theme of the binary society . . . becomes replaced
by that of a society which is, on the contrary, biologically monist" (FDS, 70). Similarly, there is a transition in the role
of the state. The state no longer serves the interests of one race against another, but as "the protector of integrity, of
the superiority and purity of the race" (FDS, 7071). The dominant race does not say "we must defend ourselves against
society" but "we must defend society against all the biological perils of this other race, this sub-race, this contrarace which we are in the process of, in spite of ourselves, constituting" (FDS, 53). It is not therefore simply a struggle of one [End Page 132]
social group against another but of a state racism, a racism that society exercises throughout itself, an internal racism, a permanent purification,
one of the fundamental dimensions of social normalization (FDS, 71).
nineteenth century, and all things being equal, never before did regimes visit such holocausts on their own
populations" (VS, 179; WK, 13536). He suggests that the modern formidable power of death is the counterpart of a power
that administers life through precise controls and comprehensive regulations (FDS, 215; VS, 17980; WK, 136). What
happens is that politics becomes increasingly scientific: medical and mathematical. There is a discipline of the
individual bodyan anatomo-politicsand a regulation of the social bodya bio-politics of the population or
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human species (FDS, 216; VS, 183; WK, 139). Bio-power involves the builing up of profiles, statistical measures, and so on, increasing
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1ACRace Construction
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knowledge through monitoring and surveillance, extremely meticulous orderings of space, and control through discipline. Birth and death rates
and measures of longevity become important; fertility, illness, diet, and habitation become measured; statistics and demographics come together
with economics and politics (FDS, 21516; see also VS, 36; WK, 25). This use of figures is pronounced in medical campaigns at the time (FDS,
217). This notion of calculation is both a particular case and the foundation of the more general science of ordering. As Foucault notes, " The
body is a bio-political reality; medicine is a bio-political strategy " (DE, 3:210). Issues such as geographical area, climate, and
hydrography become [End Page 145] important: there is a particular stress on the link between epidemics and proximity to swamps or marshes.
The organization of the town becomes a central problem (FDS, 218). Governments, therefore, are not just concerned with their territory and the
individuals within it but with an economic, political, scientific, biological problem, a problem of power, that of population (FDS, 21819; see also
VS, 3536; WK, 25). Two series, then: "the series bodyorganismdisciplineinstitutions; and the series populationbiological processes
regulatory mechanismsstate. An organic institutional ensemble: an organic-discipline of the institution, if you will, and on the other side, a
biological and statist ensemble: bio-regulation by the state." Foucault is keen to stress that there is not a clear separation of
institution and state here; the disciplines tend to overflow their institutional context, the state is involved in the disciplines (FDS, 223).
Equally, as the editors of the course underline, there is not a separation of these two understandings of poweras discipline
and normalizing bio-powerin Foucault's work. They are not independent of each other, or successive to each other, but
rather are two conjoined modes of the functioning of knowledge/power . 34 The reason that the problem of sexuality is so
politically important for Foucault is that it is situated at the crossroads of the body and the population, of discipline and regulation (FDS, 224; see
also DE, 3:153; FR, 67; VS, 19192; WK, 145). "Sex was a means of access both to the life of the body and the life of the species" (VS, 192;
WK, 146). The campaigns against masturbation and incest, which allow power to infiltrate the heart of the family, are examples here. 35 The
creation of norms, by which the individual body can be measured and disciplined, and the social body can be
measured and regulated, is central (FDS, 225). 36 "The Constitutions written throughout the world since the French Revolution, the
Codes drafted and revised, all this continual and noisy legislative activity should not deceive us: these are the forms which make acceptable this
essentially normalizing power" (VS, 190; WK, 144). Understanding the demographics of a population could lead to campaigns to control
birthrates and prolong life: This was the power to "make live" (FDS, 21920). The extreme form of this is the power to make life, to
make the monster, to make uncontrollable and universally destructive viruses (FDS, 226). [End Page 146] The reverse
side is the power to allow death. State racism is a recoding of the old mechanisms of blood through the new
procedures of regulation. Racism, as biologizing, as tied to a state, takes shape where the procedures of intervention "at the level of the
body, conduct, health, and everyday life, received their color and their justification from the mythical concern with protecting the purity of the
blood and ensuring the triumph of the race" (VS, 197; WK, 149). 37 For example, the old anti-Semitism based on religion is reused
under the new rubric of state racism. The integrity and purity of the race is threatened, and the state apparatuses are
introduced against the race that has infiltrated and introduced noxious elements into the body. The Jews are
characterized as the race present in the middle of all races (FDS, 76). 38 The use of medical language is important. Because certain
groups in society are conceived of in medical terms, society is no longer in need of being defended from the outsider but from the insider: the
abnormal in behavior, species, or race. What is novel is not the mentality of power but the technology of power (FDS, 230). The recoding of
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day who can prove their ancestors were forced to work on slave plantations is thus to uphold private property
rights1 (Block, 2002). Furthermore, the criminal (the slave holder) has no natural right whatsoever to the retention of property that he has stolen
(Rothbard, 2002). I agree that the central issue surrounding economic reparations is the return of stolen property to its
rightful owner, but it is essential to clarify what one means when speaking of private property rights . Slavery was an
institution that deprived Black Americans of their land, their homes, their security, their well being, their education, and their humanity. When I
speak of justice and reparations, I demand that those of African American descent, those who are the descendents of slaves,
those who suffer from day to day in an American society that has as its foundation an inherent oppressive nature to maintain the sense of
inferiority and humiliation of its Black people be repaid of all that they have been deprived. Some may argue that the
of reparations is not to make Blacks equal or to ensure racial opportunities like affirmative action. Instead, the theory of
point
reparations is to identify and atone for economic injuries and harms that Blacks as a group suffered under
enslavement. But I claim that American slavery also suppressed much more than economic progress. The institution of slavery denied
Blacks the economic fruits of their 250 years of backbreaking labor. They could not make and enforce contracts. Blacks were
denied the property rights of use, ownership, and management that they should have received from their market
participation. The slave holding states did not confer legal status on Black families; through inheritance, the family is one of the primary
institutions of wealth transfer, but Black slaves were excluded from intergenerational wealth transfer , one of the centerpieces of
Anglo-American culture (Davis, 2000). From the public sphere of market labor to the intimate sphere of the family, Black economic
relationships were systematically and often brutally suppressed . For the first 250 years of American economic
history, the law excluded Blacks from the market in a society in which market participation was emerging as vital to
personal, political, and social well being (Davis, 2000). It is for this reason that I believe that the need for economic reparations goes
much farther than simply giving land back to those from whom it was taken and paying for labor that went unpaid. Slavery
has been the cause of years of economic deprivation of African American people that exists way past the years of
emancipation. Contrastingly, David Horowitz and his colleagues stand firmly in their position against economic reparations for slavery. Horowitz
particularly considers and rejects ten separate claims for reparations (Horowitz). First, he claims that assuming there is actually a debt, it is not at
all clear who owes it . . . It was not Whites but Black Africans who first enslaved their brothers and sisters. They were abetted by dark-skinned
Arabs . . . who organized the slave trade. Are reparations going to be assessed against the descendants of Africans and Arabs for their role in
slavery? There were also 3,000 Black slave owners in the antebellum United States. Are reparations to be paid by their descendents too? (2001).
The fact remains that slave holding is a crime, regardless of the skin color of the person who owns the slave. Furthermore, the issue at hand is the
payment of reparations to Black Americans for the injustices of American slavery. It is irrelevant from whom Americans obtained the
idea of slave trading or the means to trade them. Those who owe reparations to Black Americans are those who practiced
slavery in America; since no one living now was alive during the times of enslavement in America, it is the <CONTINUED>
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Current forms of welfare have only made the problem worse reparations are a vital form
of economic freedom this independently promotes African-American self-determination
Arceneaux, Taniecea (L) 2005. ("Reparations for Slavery: A Cause for Reparations, A Case Against David
Horowitz" The Review of Black Political Economy, Vol. 32, No. 3-4, Winter-Spring, pp. 141-148
@EBSCO//greenhill-ak)
Furthermore, welfare is a program that has the effect of maintaining the current level of poverty among Americas
Black people.5 The best chance for lifting the poor out of poverty is not to give them the property of others, but
rather to grant them economic freedom (Block, 2000). Poor African Americans tend to live in impoverished inner-city
neighborhoods, where school dropout rates are high and test scores are low. Employment opportunities are few and far
between, and this lack of opportunity because of structured segregation is in itself a racist consequence . As evidenced by
Charles Murray (1984), the act of giving money to Black people in a method that discouraged the formation of their families
only undermines their economic and social condition. Therefore, one cannot claim to attempt to heal the wounds of
discrimination with medication that only deepens them. Ninth, Horowitz makes the claim that Blacks owe a debt to America
to White Americansfor liberating them from slavery . . . there was never an antislavery movement until White Englishmen and Americans
created one (2001). As slaves, Black Americans lost a sense of individuality and humanismqualities that were stripped
of them from the White Englishmen and Americans who enslaved them. There is no debt owned to those who liberated slaves. Slavery is a crime; it is a
basic human right of Americans to be protected of such crimes. Also, there was never an anti-slavery movement until White Englishmen and Americans created one because slaves were not even
considered human. It is impossible for someone who has no idea what self worth and human rights are about to rebel against the oppression of a society that constantly reinforces this inhumanity.
Only after White Englishmen and Americans have admitted their wrongs can Black Americans rightfully seek reparations for these injustices. Lastly, Horowitz asserts that the final and summary
reason for rejecting any reparations claim is recognition of the enormous privileges Black Americans enjoy as Americans, and therefore of their own stake in Americas history, slavery and all
(2001). It is true that as Americans, we do enjoy certain rights of freedom and liberty that citizens of other countries are not as fortunate to enjoy. But, Black Americans do not enjoy enormous
Black Americans have certain inalienable rights that all Americans possess. Current privilege of
Black Americans is not a relief for the Whites who currently own illegitimately obtained property. Furthermore, reparations are justified
only to the extent that they serve to directly alleviate the ills of the past. Horowitz claims that for all their countrys faults,
African Americans have an enormous stake in America and above all in the heritage that men like Jefferson helped to shape. This heritage
enshrined in Americas founding and the institutions and ideas to which it gave riseis what is really under attack in the reparations movement
(2001). What is under attack in the reparations movement is the crime of dehumanizing a race of people who were
privileges as Horowitz claims.
taught to devalue themselves in a society that even today continues to deprive Black Americans of the opportunities to enjoy the basic rights of American citizenship.
Truthfully, the institution of slavery is a part of Americas history, but it should not be an aspect of American livelihood that is held in esteem, as Horowitz attempts to portray. Furthermore, it
only makes sense that those seeking reparations have a lack of American pride and loyalty. Why should they claim to love a place where they once were and continue to be victims of such a
What is
most important to consider when approaching this debate is not the question of whether stolen property should be returned to its rightful
owner, but what has been stolen from a race of people so brutally oppressed for hundreds of years . It is no longer
only a matter of giving forty acres and a mule to every proven descendent of slavery. This ancient deprivation of land and property is
but a symbol for the true property that has been stolen from Black Americansthe possessions that are dearest to
their survival and prosperity as American citizens. Those, like me, who are fervent in their cause for reparations are only asking for
the resources required to remove all badges and indicia of slavery. Reparations are needed to repair the wrongs, injury, and
damage done to Black people by the United States federal and state governments, their agents, and representatives (The
National Coalition of Blacks for Reparations in America, 2004). The governments past principles and current actions have made
clear that its vision for African Americans is one of a jobless, imprisoned people with a lack of self-worth and identity.
The United States Eurocentric educational system has failed to prepare African American children for liberation,
nationbuilding, and self-determination; this educational system produces people, many of which who are Black
Americans, who are self-alienated and anti- Black . It is true that the leaders of the American government have acknowledged that
hateful act for which the country does not even want to provide justice? The argument of reparations for slavery is enriched with several strong points presented on either side.
slavery was one of the greatest crimes in history and that enslaved, unpaid labor created the prosperity of the United States (Millions for
Reparations, 2004). But, it is my cause as well as that of those who have been oppressed and dehumanized by the past ills of slavery and the
current deprivations that have resulted from it to demand reparations of the possessions and the basic human rights that have been stripped of
Black Americans from the time they arrived in this country to the present.
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when it was decided that government should help those who can't help themselves. From that modest,
compassionate beginning to today's out-of-control mega-state, there's a straight, unbroken line. Once the door was
open, once it was settled that the government should help some people at the expense of others, there was no stopping it. If the
coercion of government can endow one person with property he hasn't earned, then everyone will want to use
government to get something he wants. So it's not surprising that, over the past two centuries, more and more people have concluded
that they deserve government's help. "Helping those who can't help themselves" is a paraphrase of Karl Marx's famous dictum: "From each
according to his ability, to each according to his need." And once that principle is adopted, more and more people will want to be
part of the needy, rather than part of the ablebecause nearly everyone prefers to be on the "to" side of transfers, rather than the "from" side.
You can't help a few people without everyone else wanting to be helped as well. You can't limit government's coercion to just those
transfers you believe are fair, because you can't give government the power to force good on the country without
also giving it the power to force enormous evil on the countryin fact, to do anything it wants. It becomes a tool for
obtaining whatever anyone can't get on his ownan instrument for every frustrated ambition. So it was inevitable
not only that the government would grow and become more powerful, but that the growth would accelerate perhaps
imperceptibly at first, but then faster and faster. The potential beneficiaries (as well as Congress, the executive, and the bureaucrats) have an
interest in pushing government to get bigger. And since politicians aren't legally liable for the harm they do, there's no point at
which they have a reason to stop expanding their own power and wealth by expanding the government. Thus it's no surprise that
after stripping us bare, they continue on and mortgage our children's future to pay for further expansion. Nor is it a surprise that
people elected to change the system usually join it instead. After all, once elected, these people have the power of big
government at their disposaland power is a heady commodity. Few can resist the temptation to use it to "do good"to
receive the applause of reformers and the gratitude of those on the receiving end of government favors. And it should be no surprise that every
attempt to reform government simply makes it worse. "Reform" won't transform a gorilla into a lamb , and politicians
and administrators who have spent their lives seeking power aren't suddenly going to decide not to use it.
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regimes, then the disposition among a compliant population is to get used to the idea that the state, as the source of
practically all benefits and penaltiesall those outside the intimate sphere and many inside ithas the right to
dispose of the fate of the people in any way it sees fit. The way it sees fit seems the unavoidable way. Such compliance
strengthens the readiness of officials to think seriously about using nuclear weapons. Just as the people are used to the idea
that the state has the right to dispose of their fate, so the state gets used to the idea that it may even use nuclear weapons in
disposing of its people's fate. My concern here, however, is not with the mentality of unfree societies but rather with that of democratic
societies. I propose the ideait is no more than a hypothesisthat the growth of state activism in a democracy is the growth, as well, of that
compliance creating and resting on dependence which makes it easier for the government to think of itself as a statenot only in our earlier sense
of an entity whose survival is held to be equivalent to the survival of society itself, but in the related but separate sense of an entity that is
indispensable to all relations and transactions in society. The state, in this conceptualization, is the very life of society in its normal workings, the
main source of initiative, response, repair, and redress. Society lives by its discipline, which is felt mostly as benign and which
is often not felt as discipline or felt at all. The government becomes all-observant, all-competent; it intervenes
everywhere; and as new predicaments arise in society, it moves first to define and attempt a resolution of them. My
proposed idea is that as this tendency grows and it is already quite far advancedpeople will, to an increasing degree, come to
accept the government as a state. The tendency of executive officials (and some in the legislative and judicial branches) to
conceive of government as a state will thus be met by the tendency of people to accept that conception. People's
dependence on it will gradually condition their attitudes and their sentiments. Looking to it, they must end by looking up to it. I believe the
"logic" of this tendency, as we say, is that officials become confirmed in their sense that they, too (like their counterparts in unfree societies), may
dispose of the fate of the people. Entrusted with so much everyday power, the entire corps of officials must easily find
confirmation for the rationalization of the use of nuclear weapons proposed by the foreign-policy sector of
officialdom. There may be a strong, if subterranean, bond between the state as indispensable to all relations and transactions in everyday
society and the state as entitled to dispose of the fate of society in nuclear war, even though officials receive no explicit confirmation of this bond
by the people. Under pressure, however, a people that habitually relies on the state may turn into a too easily
mobilizable population: mobilizable but otherwise immobile. My further sense is that a renewed understanding of the moral
ideas of individualism is vital to the effort to challenge state-activism.I say this, knowing that some aspects of individualism do help to
push democratic government in the direction of becoming a state, and to push the state into state activism. Tocqueville's prescient analysis of democratic despotism
must never be forgotten. Even more important, we must not forget that he thought that democratic despotism was much more likely in those democracies in which
individualism was narrowly or weakly developed and in which, therefore, the power of a full moral individualism had never corroded the statist pretensions of
political authority. His main anxiety was for France and the Continent, not for America. Thus, following Tocqueville, we may say that individualism provides no
remedy for the deficiencies: the remedy is to be sought from individualism itself. One task of a renewed and revised individualism is to challenge everyday state
activism? Remote as the connection may seem, the encouragement of state activism, or the failure to resist it, contributes to nuclear statism and thus to the disposition
say that the invasion of one aspect of freedom is of no import because there have been invasions of so many other
aspects. That road leads to chaos, tyranny, despotism, and the end of all human aspiration. Ask Solzhenitsyn. Ask
Milovan Djilas. In sum, if one believes in freedom as a supreme value and the proper ordering principle for any society
aiming to maximize spiritual and material welfare, then every invasion of freedom must be emphatically identified and
resisted with undying spirit.
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1AC Solvency
Observation Four Solvency:
The plan is key material reparations are key to ending government discrimination
through race-based programs
Harvard Law Review 2 ("Bridging the Color Line: The Power of African-American Reparations to Redirect
America'sFuture", Vol.115, No. 6, pp. 1689-1712, April, @JSTOR)//northwestern-ak
African-American reparations claims do not appeal to the same traditional values as the Japanese-American claims, but it is still pos-sible to
eliminate zero sum notions that reparations take from "us" and give to "them" by emphasizing the cathartic and economic benefits to the polity.
Reparations, as proposed here, should restore some of the lost chapters of our history and explain, and ultimately remedy, the wealth and power
divides of today. The public investigation into the lingering effects of slavery and Jim Crow should create an unabridged
version of American history, one that would provide the country with closure regarding the shameful history of
slavery and Jim Crow. This emotional closure, combined with economic and educational programs, could eventually
bring the end of race-preference programs and the start of a dialogue about race focused on the future.
Reparations that focus on investment in education and training for blacks should result in better skilled workers who are less
reliant on welfare, enabling the economy to maximize its previously underutilized human capital .' Affirmative action in
employment will ensure that blacks have an opportunity to develop and utilize these skills.105 Providing resources to predominantly
black neighborhoods106 to rebuild the educational infrastructure beginning at the elementary level107 might
eventually allow all American students to start from the same point, rather than rely on affirmative action
programs to make up the difference at the college level. Prosperous black-owned businesses, fueled by government subsidies and
support,108 could invigorate the economy of both the local neighborhoods they inhabit and the nation.109 Grants to black community-based
organizations for investment in community development projects - parks, cultural symbols, and security, for ex-ample - should reduce
crime and increase pride in inner city neighborhoods; this investment could carry over into increased efforts to keep
communities safe and clean.10 The government should also provide incentives for asset accumulation to address wealth inequal-ity.1ll
Wide distribution of a commission's findings would aid in educating the public regarding the link between past wrongs and present injustices.
Admittedly, these investments will be costly in the short term, but over time, the beneficial effects should be enjoyed throughout the country. The
hope is that a reparations plan such as the one proposed here can empower blacks to overcome the lingering
impediments of slavery and Jim Crow to achieve equality. South Africa is considering a plan with similar components to repair its postapartheid polity. The proposal for reparations before the South African government includes individual reparations grants
(payments to qualified individuals), symbolic reparations (constructions of monuments and memorials), com -munity rehabilitation
(creation of community-based services and activities, including health care, education, and housing), and institutional
reforms (measures to ensure that human rights abuses do not occur again).112 The Truth and Reconciliation Commission was created to
provide a forum for victims and perpetrators to tell personal narratives regarding violations that occurred during apartheid in hopes of
disseminating truth and building a unified country.13 Unofficial reparations have also been offered to empower groups
disadvantaged under apartheid. South Africa's black empowerment policies include affirmative action in educationll4 and preference for
black businesses in government work allocation - corrective measures the country has deemed necessary in its move from "discrimination to true
equality."116I n light of South Africa's history, the government finds a narrow focus on individual rights too limiting and thus recognizes that
racial differentiation( as opposed to discrimination)is necessary to give substantive meaning to mandates for racial equality.117 The African-
American reparations package proposed in this Note will likely gain acceptance only if America emulates South
Africa's determination to eradicate the lingering effects of government-sanctioned discrimination through
programs intended to uplift those groups disadvantaged by that discrimination.
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1AC Solvency
The federal government is accountable for the demise of African Americans it has the
moral imperative
Lyons 4 (David, Law @ BC, "Reparations and equal opportunity",
http://www.bc.edu/schools/law/lawreviews/meta-elements/journals/bctwj/24_1/09_FMS.htm//northwestern-ak)
When the colonies were first established, the British common law, which the colonists brought with them, lacked any law of slavery. 11 The
[*PG181]legal framework for chattel slavery was constructed by colonial legislation. 12 After Bacons Rebellion, slavery was given a racist
character.13 The colonial elite, which understandably felt threatened by the uprising of black and white servants acting together, decided that
their security and privilege required them to divide and weaken the multi-racial servant class. Slavery was then restricted to people of color, and
became a condition into which white servants were assured they could not fall.14 A century later, slavery was incorporated into the new federal
system by constitutional provisions. Slave states were given extra representation and therefore extra influence in the federal
government, and all states acquired a constitutional obligation to return escaped slaves.15 Until the Civil War, public policy supported the
slave system. After slavery was abolished, the federal government took important legislative 16 and constitutional17
steps to aid the former slaves and guarantee them equal rights. But the federal government soon gave up those
onerous tasks, broke its solemn constitutional promises, and knowingly allowed a new system of racial subjugation to be brutally
established.18 In fact, federal policies promoted racial segregation. Consider housing. In the 1930s, federal agencies embraced the
practice of red-lining, which disqualifies applicants in African-American and transitional neighborhoods from
home purchase and home improvement [*PG182]loans. That policy was subsequently followed by private lenders. The practice
severely restricted home acquisition and repair in African-American neighborhoods. This, in turn, substantially limited wealth accumulation for
African Americans, which largely accounts for the substantial wealth gap between African-American and European-American families. Federal
agencies also supported the segregation policies of local public housing agencies, and other federal policies
promoted the development of permanent black urban ghettoes and lily-white suburbs .19 During the 1950s and 1960s, under
extraordinary foreign and domestic pressures, the federal government denounced race discrimination and took important steps to ameliorate
poverty and guarantee equal rights. However, once again, it soon gave up those onerous tasks. It allowed the entrenched disadvantages of African
Americans to remain unchallenged by law or public policy. Federal fair housing legislation, for example, at first lacked
significant enforcement provisions.20 When enforcement authority was later added, enforcement was not part of federal policy.21 In
sum, federal policy supported slavery before the Civil War. After the Civil War, the federal government pledged to support racial
equality, but after a brief time period it violated or failed to enforce relevant federal law. After Jim Crow was denounced, the federal
government failed to rectify the inequitable legacy of its own prior policies. The federal government has thus been
complicit in the systematic, grievous wrongs done to African Americans. Slavery and Jim Crow were in large part public, not
private wrongs. And their legacy is a matter of public concern because its persistence reflects current policy. The federal government is
the single most important currently existing party that can truly be held accountable . In view of that
history and the entrenched nature, the wide scope, and the great magnitude of the persisting inequities, the
federal government is a fitting target of moral demands for corrective justice .
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1AC Solvency
We must make sacrifices material reparations are worthless unless we are forced to take
a hit this is the only way for those in poverty to succeed
Hall 4 (David, Law @ Northeastern, "The spirit of reparations", http://www.bc.edu/schools/law/lawreviews/metaelements/journals/bctwj/24_1/02_FMS.htm//northwestern-ak)
In a society where the economic power and well-being of a group determines so much of its social , physical, and
educational well-being, there must be economic solutions and remedies. This will never happen through an individualized civil rights
approach to justice. We can not level these playing fields with marginal remedies that do not go to the heart of the problem. Certainly money
alone will not cure these social injuries, but without a major infusion of economic resources into the social wounds
that this society created through laws and customs, we will not only remain a separate nation, but we will never fulfill the true
calling of this nation. Many African-American children are attending public educational institutions that are in need
of enormous resources and new ideas about learning and achievement. 24 [*PG9]Progress will not occur through the normal incremental
budgeting process at the local or state level. Any viable reparations claims must address these educational, economic, and
social issues through whatever judgment is rendered or legislation enacted . Therefore, funds and resources must
be targeted toward African Americans who have failed to succeed economically . The most compelling claim
for reparations, centuries after the initial violation occurred, is made by those who are still locked out of this countrys dream despite years of
legislative initiatives. Reparation is for children in urban areas who will not be able to leap over poverty, crime, and
hopelessness in a single bound. It is for families who, despite their efforts, have been unable to break the chain of
generational poverty and limited dreams. Yet the real reason for reparation extends beyond financial compensation and redress.
Embodied in the reparations movement and decision is an opportunity for this country to release itself from the
psychological bonds of social and individual guilt and unresolved shame. Reparations can also serve to free Black people from
the spiritual bondage that this society still subtly imposes. When this nation chose in 1865 and again in 1867 not to provide reparations to newly
freed Africans, it not only postponed an appropriate legal remedy, it also placed a psycho-spiritual chain around the heart and soul of this nation.
Despite the efforts of the Civil Rights movement, this chain has never been broken. This nation is still trapped in spiritual chains of indifference,
guilt, and shame. Each generation has learned to live with these spiritual chains, to cover them up, to rationalize them away, or to deny that they
even exist. To cover up the shame and guilt, some developed theories of inferiority to justify slavery and segregation. 25 Others use the present
dysfunctions that exist in some Black communities to rationalize away any responsibility for this countrys treat[*PG10]ment of Black people in
the past.26 So many White Americans bathe daily in these rivers of denial that water the soil of this land . Yet the spiritual
heart of this nation is still mired in the sins of the slave trade, slavery, and years of subjugation, lynching, and murder. Buried deep in the
crevices of this nations consciousness is the stark and brutal truth of this human tragedy . I am not suggesting that a large
amount of money can free us from this pattern. The money is as much symbolic as it is substantive. It is an act that must come from the heart of
this nation and not just from its coffers. This society is trapped spiritually in a race conundrum there appears to be no escape from it.
Discussions about race and racism are still among the most uncomfortable and emotionally charged conversations to have in this country. Even
among individuals who share similar political perspectives, there often remains an underlying tension and
tentativeness. Many Blacks and Whites who worship and praise the same god choose to do so in separate churches, temples, and mosques.
There is a wall, a spiritual and psychological wall, that still separates us. Something drastic must happen to alter our understanding
of the past and deepen our commitment to a common future. I believe that reparations could serve this purpose. From a spiritual
perspective, in order to reconcile people or groups that have been torn apart, something must be sacrificed. Professor Bell, in his seminal text,
Race, Racism and American Law, eloquently made the point that Black people in this society have been the involuntary sacrifice to keep
various groups of Whites united in this society, and to bring about a sense of equilibrium between competing political perspectives. 27 The time
has come for Black people and their rights to cease to be the sacrificial lambs to bring about reconciliation in this
country. This quest for reparations, therefore, is as much a spiritual quest for reconciliation as it is a substantive demand for resources. For
the sacrifice is meaningless if society gives up something that is of little value . Words alone will not
break these spiritual chains. Even legislation, if it does not dramatically alter existing positions and serve as a sign of
repentance, will not serve as the spiritual sacrifice that is so desperately needed. In various religious traditions
the seriousness and sacredness of sacrifice is deeply understood and enacted . God tested Abraham to see if he would
sacrifice his son in order to be more connected to God.28 The Torah is filled with commands and instructions about sacrifices,
especially when people have violated or failed to comply with sacred law.29 Christians believe that Jesus was the sacrificial lamb
to bring humanity back in line with divine order. 30 What will America sacrifice to bring about the long overdue
reconciliation between those who suffered because of this crime against humanity and those who benefited from it?
The conundrum is that in America, it is difficult to sacrifice financial resources when we dont value those who
will be the recipients of those resources. Many will oppose reparations for African Americans because they cannot
see the underlying wrong, or the value in redressing those who claim they were wronged. Reparation dollars may still, therefore, prevent
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this society from being released from the invisible badges and incidents of slavery.31 Let us hope that this will not be the response of the
courts<CONTINUED>
1AC Solvency
<CONTINUED>
or Congress to these latest appeals to break our spiritual chains. For these mental and spiritual chains that we all still carry around with us must
be released in this generation. We must, in this generation, release into the universe a true spirit of justice and respect. We must release into the
universe ideals of forgiveness and repentance. Let us release into the world a balm to heal the wounds of a nation broken long ago.
Reparations [*PG12]contains within it that spirit. It has the potential to be that balm in Gilead32 to heal the sin-sick soul
of this nation. There are numerous legal hurdles that stand in the way of any reparations claim. Many of these hurdles, like causation, statute
of limitations, and class limitations, will be thoroughly discussed in the companion articles to this symposium issue; therefore I will not
venture to address them here.33 In addition, there are major concerns about how one would administer and distribute resources if these claims
is important that we not allow these issues and hurdles to blind us to the
substantive and spiritual merit of reparations claims . Yet some may ask, why now? The answer is, why not
are deemed meritorious. Yet it
now? Dr. Martin Luther King once asked the question at the end of the Selma to Montgomery March, How long? How long would it be before
Black people would receive the right to vote and be truly free? He answered his own question by saying, not long. 34 Thirty-four years after his
death it is still too long. Though his optimism proved right in regards to changes in the voting rights laws, it did not prove right in regards to
changes in underlying conditions. We have all paid a high price for this delay. The spiritual challenge facing this nation is whether
we will continue to pass this burden on to future generations, or whether we will once and for all make racial justice
and healing a national priority. As some of the symposium articles eloquently indicate, we are facing one of those rare moments in the life
of a society where we can choose to reverse centuries of injustice, or we can allow these legal and procedural hurdles to blind us to our social,
moral, and spiritual responsibility. May the following articles, and our sobering reflection on the past, serve as a catalyst for us to remove our
blinders and vividly see the limitations and unlimited potential of this nation.
Its not our burden to decide if the consequences are palatable if we win reparations are
justified vote affirmative
Yanessa Barnard 2/11/06 *Professor of Law The University of Dayton* Takings Clause Solution to
Reparations http://academic.udayton.edu/race/02rights/repara39.htm)
Reparations offer the country a unique opportunity to reconstruct fractured communities .
surviving descendants and African-Americans at large continue to suffer from the vestiges of slavery that manifest in
modern day society's treatment of the race. In acknowledging the wrongs, a Takings Clause argument creates a kinder, more gentle and
reasonable approach to the idea of repairing the damage and expands the possibilities for conversation and debate in the process of attaining just
compensation.
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demands of their successors: the freedom of individuals of each generation to make their own decisions and live life
according to their ideals does not free them from having obligations in respect to the past and people of the past. So
an objection to reparation which assumes that it is unacceptable to make present people take any responsibility for
the past is unsound. Moreover, there are reasons why citizens should want their government to act as a morally
responsible intergenerational agent: to keep its agreements, to maintain valued institutions and practices, to
pursue policies for the good of themselves and their successors, and to acknowledge and make up for past
wrongs. Citizens have lifetime transcending interests; they believe in some cases that they can make legitimate
demands of their successors. They need and are entitled to demand that their government maintain the institutions
and pursue policies that support morally important intergenerational practices and make it likely that their important
lifetime transcending interests will be satisfied. These requirements mean that a government has to act as a
responsible intergenerational agent, maintaining the security of the polity in a world of polities, initiating and
carrying out long term environmental and social policies, maintaining through the generations the institutions
that underwrite intergenerational practices and ensuring that important lifetime transcending interests of
citizens will be respected. But this presupposes that citizens regard themselves as having a duty to support and maintain the practices that
enable their government to be a responsible intergenerational agent. The belief that a government is, or should be, a responsible
agent underwrites the legitimacy of the demands for justice made by individuals who are oppressed or
disadvantaged by its policies. They have a claim against their government: against the polity in whose name it acts.
Its responsibility as an agent does not end with disappearance of the generations who carried out these policies. It
has an obligation to acknowledge the historical injustices it has done, and when, as in the case of injustices to
African Americans, these injustices have been persistent and directed against family lines, its duties of reparation
will be far more extensive.
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Any form of reparations must be devoid of economic calculation - Americas political and
economic system is founded on an intentional exclusion of black Americans
Greene 9 (Dekera, Clemson University Ain't no Peace until we get a Piece: Exploring the Justiciability and
Potential Mechanisms of Reparations for American Blacks Through United States law, Specific Modes of
International Law, and the Covenant for the Elimination of all Forms of Racial Discrimination ("Cerd"), The
Modern American - Nbr. V-1, April 2009)
Since America's political and economic traditions are based on a system of private property and capitalism, borne of
thinkers like John Locke, democratic participation is premised on property ownership .29 Property is a natural right
derived through labor, with ownership contingent upon "useful" development and value of the land.30 This
natural right31 precedes governmental sovereignty, based on a social contract in which the people consent to being
governed. As such, the government is subject to the will and volition of the people32-presupposing the people's right
to revolution.33 This ultimately connects fundamental rights (including the right to revolt or hold government accountable),34 democratic
participation (governmental access and engagement),35 and value (societal contribution and intrinsic worthiness),36 to ownership of private
property. The benefactors of this oppressive structure designed it for their own success (and continued success
for
their progeny) by directly exploiting37 and dispossessing enslaved Africans of private property ownership and
depriving them of control over their own labor. The government sanctioned this system, and White society
perpetuated it 3839. It deprived enslaved Africans of property ownership (inhered value in this society)40 and subjected them to the
expropriation of their work.41 The direct result of this systemic marginalization influenced the place Black people
stand in today-deprivation of access to democracy, citizenship, and participation in governmental functions,42 and
the intrinsic value 43 manifested in subjective conceptions of cognizable societal contributions and "earned" wealth.
Extending the elimination of American Blacks' democratic participation for almost four centuries,44 these
economic, political, white supremacist, and governmental systems fundamentally led to the incapacitation of
Black self-determination in this country. The harm done is three-fold: (1) American Blacks were denied value45 and
worth, which in a zero-sum framework of capitalism protects whiteness and privilege46 as a core value (this
dictated Black inability to engage in the development and execution of the democratic and political processes that
have sustained this society and government); (2) they were deprived of the capacity to acquire capital and resources to
sustain a living for themselves and their descendants ,47 and (3) they were deprived of this right so long that there
have not been sufficient gains to overwhelm the ills designed to marginalize them.
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***Case Debate
Inherency Stripped Reparations
The bill explicitly excluded reparations no material compensation
Puyear 7/6/09 (Eugene, @ the Party for Socialism and Liberation, U.S. Senate offers weak apology for slavery,
blocks reparations,
http://www.pslweb.org/site/News2/386674709?page=NewsArticle&id=12479&news_iv_ctrl=1261//northwesternak)
On June 18, the U.S. Senate, belatedly to say the least, apologized for slavery and other racial injustices. Iowa Senator Tom
Harkin said the resolution "is a necessary collective response to a past collective injustice . So, it is both
appropriate and imperative that Congress fulfill its moral obligation and officially apologize for slavery and Jim
Crow laws." These are welcome words to the millions of people who have suffered the consequences of slavery. The resolution,
however, does only that, expresses remorse. It actually opposes any claim for reparations what would be a
truly just response to the brutality of slavery. Difficult negotiations ensued before it could even be passed. Conservative
Republican Senator Brownback, speaking for others within the Senate, had this to say: "It was a difficult negotiation; we had
to get the reparation issue right." By "right," Brownback means the resolution had to be cleansed of any claim that
the United States owes any sort of material apology for slavery and racial discrimination. The resolution ended with a
disclaimer that its passage should in no way be construed as allowing anyone to make any sort of monetary or property claim on the United States
for its past "collective injustice." Centuries late, the U.S. Senate has recognized the moral depravity of racial injustice in this country in words
at least. But the same words have been used to obscure the fact that slavery was not only carried out by groups of nasty people and was not
merely a set of annoying restrictions. Slavery in fact created significant profits , and any number of modern institutions can trace their
roots back to funds accrued in the slave trade. It is not simply a question of moral culpability as raised by the Senate, but
material compensation. Slavery, enforced by a cruel system of beatings, lynchings and other terror tactics, is the basis of the
wealth that many corporations and individuals were able to obtain. As we made clear in a statement from the PSL 2008
presidential campaign : "Major banks and corporations that participated in the genocidal slave trade still exist in some
form today. They reaped enormous profits from engaging in this inhuman practice. Corporations like CSX, Fleet Boston, Aetna and JP
Morgan Chase all were started with profits reaped from exploiting slave labor. Aetna and JP Morgan Chase made millions insuring slaves as the
property of their masters. Universities like Yale, Harvard, Princeton and Virginia also profited from slave labor." (PSLweb.org, Jan. 22, 2008)
Many so-called venerable institutions and representatives in the U.S. Senate can trace their great wealth back to the slave
trade. The vicious economic exploitation of Black people in America was supported by a most vicious system of terrorism. It was maintained by
racist vigilante groups and the state itself, often in collusion with each other. The legacy of slavery and racial discrimination past and present is a
persistent state of underdevelopment in the Black community. The worst health indicators, most troubled schools, most persistent violence,
concentrated and violent police repression, and crumbling infrastructure generally burden the Black community. The capitalist society that
has facilitated so much of this racial discrimination and its nefarious effects should pay for its crime . Those companies
with concrete links to slavery and racial discrimination should be forced to pay reparations . The legacy of these destructive
policies of discrimination continues and so should culpability for them. Congress however will not even pass a bill to study the
idea of reparations. The Senate disclaimer then comes as no surprise. While the capitalist politicians are more than willing to
engage in some cathartic moral declarations, their legislative maneuvers expose them. They have no desire to have the full
extent of the economic benefits wrung from the bodies of African-Americans laid bare. This is not some past to be
forgotten, but one intimately connected to the injustices of the present, where its solutions lie. We demand full reparations for the Black
community for the historic wrongs they have been forced to endure.
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restitution, was consulted on the Senate's resolution and supports it, but he said it is not a substitute for
reparations. "That battle will be prolonged," he said. Randall Robinson, author of "The Debt: What America Owes to Blacks," said he sees
the Senate's apology as a "confession" that should lead to a next step of reparations. "Much is owed, and it is very quantifiable," he
said. "It is owed as one would owe for any labor that one has not paid for, and until steps are taken in that direction
we haven't accomplished anything." Cohen said he and Harkin worked closely with the NAACP and other civil rights groups on
language that would not endorse or preclude any future claims to reparations. "It will not harm reparations but won't give any
standing to it," Cohen said.
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group or collective compensation from the federal government. Although there are still advocates for individual
payments, it seems clear that the individual harm suffered by African Americans varies greatly. It is morally and
politically more compelling to argue that development banks and educational trust funds should be set up for those
most economically and educationally disadvantaged. Such an approach avoids the issue of compensating
affluent Blacks who will nonetheless be paying taxes that support the program. Although the issue of who will control
the funds and who will qualify to apply are not insignificant, they are surmountable and should be addressed after agreement on a general
program. Such programs can and should be seen as rehabilitative of devastated communities . Some reparations advocates
have endorsed governmental action to redistribute wealth in the private sphere. Creative antitrust action could, for example, be used to
spread the wealth to African Americans and other minorities in overconcentrated industries much as the AT&T breakup
assisted White entrepreneurs major corporations might be required to sell off units to minorities to complete mergers (America, 1993). These
types of programs, however, are likely to be seen as benefiting already affluent Blacks and thus garner less Black
support and more White hostility. Actions affecting the private sphere may best be left to the legal arena where several cases are pending
and where consumer pressure might force some settlements. Finally, the reparations movement needs to make clear that its
concern is not with slavery alone but with the entire history of racism in the United States and its exercise
abroad. It is true that there are no living former slaves, but every African American has directly or indirectly
experienced racial discrimination or is indirectly influenced by it. The failure to treat reparations as a legitimate
issue acknowledges that America is far from a color-blind society . The frustrated and prophetic voice of Martin Luther King
Jr., recognized this nearly 40 years ago when he said, A true revolution of values will soon cause us to question the fairness and justice of many of
our past and present policies. On the one hand we are called to play the Good Samaritan on life's roadside, but that will be only an initial act. One
day we must come to see that the whole Jericho Road must be transformed so that men and women will not be constantly beaten and robbed as
they make their journey on life's highway. True compassion is more than flinging a coin to a beggar. It comes to see that an
edifice which produces beggars needs restructuring (as cited in Carson, 1998, p. 340)
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truth emerging here is that whether we like it or not, reparations, even on the impractical level of discourse, concerns
payment to people alive today, on account of what they are still suffering today. Should there be a needs test so that
black millionaires are ineligible for reparations, or is suffering from racism a question of mental pain and
suffering? Again, present racism becomes the subject. Perhaps some of the confusion about reparations can be clarified by focusing on who
should pay. There are the similar problems identifying the white racial group: white immigrants may have arrived after slavery ; some
whites had ancestors who were enslaved during the colonial period; there is no objective way to determine a white race , any more
than a black one. The problem of proof of ancestry is not likely to come up on the part of those who would make
payments, but it could come up for those who wanted to claim exclusion from having to make payments . However, all
whites do presumably benefit from ongoing racism and blacks suffer from it. Since there is no fair and objective way
to pick out the payees, as white, perhaps state and federal governments, as the present incorprations of past governments condoning
slavery, should pay reparations to all who are now considered black, because they still suffer racism that is connected
with the belief that they are descended from slaves. Since governments get their money mainly from taxation, everyone, including members of
the group considered black, would be paying for reparations. There is a cruel irony in this. Even on a purely theoretical level, with no
consideration of cost, the idea of reparations for slavery flounders. However, as even this brief discussion of the problems with
reparations makes evident, any justific ation of reparations as payment to people alive today, will likely have some
reference to present racism. If the descendants of U.S. slaves now constituted a ruling class, or even a solid
middle class, it is difficult to imagine the subject of reparations for slavery arising . What is to be done? I think that we
ought to think about the broader project of rectification. As an imposition of false biological taxonomy, race is irreparable and racism cannot be
addressed without an elimination of that false taxonomy. But that is not an elimination of race, in either its biolog ical or its lifeworld-existential
sense. Since biological race never existed, it cannot be eliminated. Such elimination is not even a logical possibility .14
Those who argue against what they believe to be racial eliminativism are usually concerned with one or more of the following
effects of what they imagine elimination to be: first, a complete assimilation of black culture into white, which would be tantamount
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to a kind of genocide against black identities; second, an end to advocacy for African Americans as a group in need of special
consideration in contexts of structural racism; and third, a return to worse forms of racism because, without a notion of race, racists
<CONTINUED>
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disparities would probably not exist to the extent they do today had blacks not been discriminated against en
masse for so many generations. If American society disrupted the racially just distribution of black people's rights, resources, and
opportunities by discriminating on the basis of race, then as a matter of corrective justice, society has a prima facie obligation to redress the
harmful effects of that discrimination. The nature of society's obligation is not simply that society has inherited a fixed debt owed by past society
to past generations. Rather, society has a continuing duty to present generations of people who experience fresh injuries
from conditions caused by past discrimination. Nor is the obligation owed to all black people as a group or "creditor
race," but rather it is owed to those individual black people whose lives are disadvantaged by past
discrimination.'0 Each American child born today into a life worse off than it would be had society not practiced slavery, segregation, and
other discrimination, or had society adequately remedied their effects, is a new individual victim of societal discrimination. Society's
persistent fail-ures to redress adequately conditions that predictably perpetuate , and often worsen, the effects of such
past racial injustices, are recurring wrongs that create new remedial obligations. Until society fulfills its responsibility to address
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government....There is a debt here. I know of no statute of limitations either legally or morally that would
extinguish it.
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agenda on reparations, the credible results of a sound survey of the black American population is absolutely
necessary. Volunteers surveyed 6,680 blacks beginning in April 2002. Those who participated in the survey were between the ages of 17 and
80, with over 50 percent being between the ages of 35 and 55. The responses were collected at shopping malls, conferences, political rallies,
churches, block club meetings and sporting events. The survey was conducted in Atlanta, Kansas City, Chicago, Seattle, Portland, Ore., San
Francisco, Los Angeles, San Diego, Houston, New York City, Philadelphia, Baltimore, Washington, D.C., Columbia, S.C., and Jacksonville, Fla.
Each person surveyed was asked to answer 21 questions related to reparations for African Americans. Questions ranged from Do you consider
yourself an African American, a.k.a., black American? to Do you think that the idea of reparations for African Americans is an issue of justice
long denied and overdue? and Should substantial financial assistance from the U.S. government to African Americans who want to leave this
country to live in Africa be a part of any agreed-upon reparations? Respondents were also encouraged to write in their own ideas on how
reparations should be paid, including restitution to those who invested in the Freedmens Bureau Bank, which folded during the Reconstruction
Era. Some have also called for incorporating more African-American history into school curriculum and providing more subsidies to black
farmers. As part of any reparations deal, 70 percent of blacks said the president should apologize on behalf of the
federal government for the years of Jim Crow discrimination. Seventy percent also favored a 50-year educational fund for all black youth,
allowing them to attend the university of their choice if admitted. Nearly 80 percent believe that achieving reparations will help
heal the racial divide in this country and 80 percent believe that reparations will not make things worse for African
Americans. While the survey failed to ask whether or not blacks think whites should pay for reparations, 80 percent of those surveyed
said white Americans, even though they did not own slaves, continue to be enriched from the unpaid labor of slaves .
Horne said volunteers will continue to conduct the survey until 50,000 or more people participate. That figure should be reached or exceeded by
next fall, he said. Horne will be attending the Millions More Movement this weekend in Washington, D.C., where he will gather more responses.
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especially when we note that its assets included the territory claimed by the U.S.
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"individualism" of American law that we need to give up but the assumption, implicitly at work here, that all
liability is personal. The argument for reparations fits comfortably enough within the traditional paradigm when we
make sure the focus is on corporate liability, for the corporate actor in question, the United States, is an "individual"
under law. Indeed, precisely because it is an "individual" that doesnt die, it can acquire and retain debts over many
generations, though individual Americans come and go. That is why Henry Hyde can indeed owe something as a result of his
ancestors actions.
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pointing out that it funds college scholarships for African-Americans, pays for studies on racial disparities in
health care and sponsors a national forum on race. Antebellum-era slave polices ''don't reflect what our company
is today at all,'' says Aetna spokesman Fred Laberge. ''We have a strong record of diversity and supporting causes and
hiring.'' USA TODAY contacted all the companies named in this article. Some acknowledged the evidence, others disputed it. Many declined
comment. Of those that did comment, virtually all said the current company isn't liable for what happened before the Civil
War.
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2000, Harvard law Grad, political activist, author, The debt : what America owes to Blacks,
To many, the story may initially seem out of place because it is foreign. This is hardly the case. The United States is so unprecedentedly
powerful that it can best be understood (even in its domestic race relations) when observed from without. Those who
run America and benefit materially from its global hegemony regard the world as one place. So, then, must those
around the globe who are subject to Americas overwhelming social and economic influence. American racism is
not merely a domestic social contaminant but a principal American export as well . The very notion of the
nation-state has become little more than a convenient legal fiction or hiding place for anonymous and rapacious
interests.
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Reparations will not promote dependency. Instead, they will give individual African Americans and the
community as a whole a chance to create their own economic base and become self-reliant. The
cost of reparations may be great, but a debt is owed and must be paid. The moral claim for
reparations at least equals that of any other government program. America is a rich country, and
if the will exists, the money can be found.
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question is not if the debt is owed. The questions are: from whom it is owed; to whom it should be paid; and, how
best to fund that repayment . But in no case is it justified for the state to tax everyone so that some can get their property back, no matter
how often this has been done in the past. That is so, unless we seek to place ourselves at the trough of stolen spoils the state necessarily creates.
We have no desire to perpetuate theft, even for reasons as compelling as the debt based on slavery. Ironically, once one
embraces the logic of property rights, the arguments against reparations cease to be reasonable from any reasonable
perspective. It is a simple matter of proper assignment and recovery. But it does not involve the state at least not in the form of taxation. The
state cannot properly be used as a tool of theft, even for ostensibly just reasons.
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direct response for which empirical verification exists is that government dependency was created by the
social and economic programs and legislation of the 1960s and 1970s. The paradox is that the very efforts
designed to promote economic independence for African American families were, in many ways, responsible for
government dependency for an inordinate number of African American families . Typically, when one speaks of
government dependency as a function of social and economic programs in the 1960s and 1970s, poor families that
were recipients of various forms of public assistance come to mind. But government dependency occurred for other African
American families, transcending socioeconomic levels. However, this is in no way intended to suggest that liberal social policy was totally
ineffective, nor does it imply that all social and economic programs had negative outcomes. Even more important is the realization that the
federal government does have and should continue to play a strategic role in developing, mediating, and enforcing social and economic programs.
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of reparations believe that the only way to achieve genuine reconciliation between the races is
for the U.S. Govern ment to acknowledge its debt of justice to African Americans . And a similar acknowledgement has been
an important ingredient of reconcili ation programs in Australia and South Africa.25 Furthermore, they believe that there cannot be any
hope for forgiveness unless this debt is acknowl edged. Therefore, it is extremely difficult for those who believe this debt has not been acknowledged to fully embrace the ideal of
one nation and one people. They believe that there must be some truth and reconcili ation before this ideal can be made real. But why do they believe that settling a debt of reparations is necessary for this truth and reconciliation to
occur? In Australia and South Africa there are active movements to bring about reconciliation between the victims of state sanctioned racial discrimi nation and the beneficiaries of this institutional racism. Individuals and institutions
should be no doubt about why the apology was necessary. Since we cannot see into the hearts and minds of others, we have to rely on less direct evidence to establish
that an apology is genuine or that a person is truly regretful or remorseful for past wrongdoing. So, a pertinent question is "what are these other forms of evidence?" For minor wrongs or infractions mere words may be enough, but
when serious wrongdoing has occurred, speech acts are not sufficient. Why not? It is common belief that it is easy to utter words of regret or remorse, but that some non-verbal demonstration of one's sincerity give us greater assurance
am not maintaining that an offer to return one's ill-gotten gains entails that a person's apology is genuine, but it can count as evidence. However,
where the victim is entitled to reparation, this may be the best available evidence that the wrongdoer's apology is
genuine. So far we have discussed what can count as reliable evidence for the sincerity of a wrongdoers expression of remorse. Now I would
like to turn to a related, but different concern: the requirement that the wrongdoer give truthful account of what he did and why he did it. It is
important for the victims of wrongdoing to know that the perpetrators realize what they have done and how the victims have been affected by
their actions. This is why convicted criminals are given the opportunity to speak after the verdict in a criminal trial. They are given the
opportunity to speak in order to show that they appreciate the gravity of what they have done. Their statements can
influence the judge in the sentencing process. Reparations, when they are conceived properly, involve reassessment.
The reassessment requires the alleged victims to examine their victimiza tion , the alleged wrongdoers to come to
grips with what they have done, and the victims and the wrongdoers to explore their relationship with one another . In
a like manner, when a wrongdoer, be it the state or some other perpetrator, shows that there is an appreciation for the
consequences of their wrongdoing, this helps to make reconciliation more likely. And reconciliation requires that the
wronged and the wrongdoers be able to interact as moral equals. So reconciliation requires the parties to be as fully informed as possible. Given
that we are focusing on reconciliation between the victims of U.S. slavery and Jim Crow and their transgressors, it is proper to see the wrongs as
rights violations. However, it would be a mistake to assume that all cases of forgiveness and reconciliation are rights viola tions. For example, I
may feel especially close to a person who has been wronged through a violation of his rights and thus I may feel that I have been wronged even
though my rights have not been violated. And, as a consequence, I experience anger and resentment. This may be the case in the case of slavery. I
may feel wronged by the institution of slavery because my ancestors who were held as slaves had their rights violated. If this is so, present-day
African Americans may correctly feel that they are warranted in having negative feelings towards the perpetrators of
past injustices even though they were not personally treated in these unjust ways . Of course, it is not my contention that each
and every African American will respond to the injustice of slavery in this way. Some may not harbor negative feelings like anger or
resentment, but instead feel hurt or disappointed. But in either case, it seems proper to say whether it is anger or hurt feelings, the
wronged party has a grievance against the wrongdoers that needs to be overcome. But why should present day African Americans who have these
feelings think that they are morally justified in having them? Following Jeffrey Murphy's26 lead, one might argue that these negative feelings are
morally justified because when they occur in response to wrongdoing they are tied to a healthy self-concept. Or, put in another way, people who
do not have these feelings do not have the appropriate regard for their status as moral beings. Let us begin with the latter question. If forgiveness
can be seen as the overcoming of negative feelings caused by wrongdoing, one might wonder what the proper relationship should be between
forgiveness and reconciliation. Remember that both Australia and South Africa instituted reconciliation commissions . These commissions
define "reconciliation" as overcoming a breech in a valued relationship where a person or group has been
wronged by another person or group.27 In the case of Australia and South Africa, the valued relationship that was breeched was equal
citizen ship. Reconciliation occurs when the valued relationship is restored . So if there is a breech between present day
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African Americans and their govern ment due to slavery and Jim Crow, must African Americans forgive
their<CONTINUED>
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is
expected of them in the relationship. But unfortunately, the man is repeatedly unable to keep his end of the bargain .
The woman feels anger and resentment about his failings and this leads to a breech in their relationship. But on reflection,
she comes to see that she values their rela tionship in spite of the shortcomings, so she lowers her expectations and once again
restores and values her relationship and no longer resents her partner.29 Is Narayan correct in identifying this as an example of
reconciliation? If she is, then this is not a case where one has eliminated or overcome one's resentment, but rather case where one has resigned
oneself to live with it. If forgiveness is the overcoming of righteous resentment, then we have a case where reconciliation
has occurred without forgiveness. A crucial part of her example and point is that resignation through lowered expectations can occur
without us holding the person who engages in this type of resignation in contempt or disgust. In other words, the resignation can be seen as
morally appropriate. But even if Narayan is right about this case, it does not appear that African Americans who
believe that they have been wronged as a result of slavery can lower their expectations about how the U.S.
Government should act without raising serious questions about whether they have the proper regard for the
demands of morality or them selves. Thus it does not appear that reconciliation can occur in this case without
forgiveness.
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exists is that government dependency was created by the social and economic programs and legislation of the 1960s
and 1970s. The paradox is that the very efforts designed to promote economic independence for African American
families were, in many ways, responsible for government dependency for an inordinate number of African American
families. Typically, when one speaks of government dependency as a function of social and economic programs in the 1960s and 1970s, poor
families that were recipients of various forms of public assistance come to mind. But government dependency occurred for other African
American families, transcending socioeconomic levels. However, this is in no way intended to suggest that liberal social policy was totally
ineffective, nor does it imply that all social and economic programs had negative outcomes. Even more important is the realization
that
the federal government does have and should continue to play a strategic role in developing, mediating, and
enforcing social and economic programs. Although some social and economic programs were detrimental to African American
families, others could be deemed successful. It is difficult to evaluate the relative effectiveness of various social and economic programs
developed and expanded during the 1960s and 1970s without examining other factors that affected their impact on African American families. If
we remember that the civil rights movement was responsible for spurring the resurgence of the feminist movement
and social activism by other members of society who, like African Americans, urged the redistribution of wealth and
power, we can understand how social and economic programs initially designed to elevate the status of African
American families became somewhat diluted. Though other groups, equally disenfranchised, were certainly warranted in seeking
redress for past inequities, the concessions made through liberal social-policy initiatives did little more than amass a modicum of resources that
were then divided among these contenders. The result was divisiveness, rather than unity, as African Americans, Hispanics, women, and others
were made to compete for limited set-aside resources. The way that contenders for economic and political power were forced to become social
competitors is evident in the history of one significant piece of legislation enacted during the 1960s. Affirmative action, which
received plaudits from supporters of liberal social policy, only superficially created benefits for African
American families, while generating relatively more opportunities for whites in America .
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Quite to the contrary, it came about because of a process of political struggle and turmoil in which many people
sacrificed their lives to obtain the right to vote. So even though there have been legal and economic changes for the better in U.S.
society, many African Americans still believe that the U.S. owes them a debt of justice for what they and their
ancestors have endured. The historic and present demand for black reparations is a call for the settling of this debt. Above I
claimed that many African Americans believe that they cannot fully embrace the U.S. Government until these negative feelings and rightful
resentment are addressed. As the title of this article suggests, forgiveness, reconciliation, and reparations are possible ways to over
come this resentment felt by many African Americans . But do present day African Americans have to receive reparations before
they can forgive and reconcile with those who they deem to be responsible for the trans gressions? Is forgiveness for slavery a necessary part of a
program of reconciliation? Before we answer, let us briefly review the argument for black reparations. According to the argument for black
reparations, African Americans are owed reparations because some transgression has occurred. And those who have a transgressed have a moral
duty to repair the results of their transgressions. Unlike a compensation argument, the reparation argument depends upon
identifying the wronged party and the wrongdoer. A prin ciple of reparation is not a principle designed to promote
social utility or promote an egalitarian outcome of economic goods . It is designed to rectify violations of people's
rights. For John Locke and other liberal political theorists to deny a person's right to reparation amounts to a refusal to
recognize the full moral status of the person.20 In fact, acknowledging a duty of reparation is good evidence that
one views the wronged party as a bonafide member of the moral and political communities. According to Lockeans, a
political morality is rights-based and the proper role of the legitimate state is to protect rights and address rights violations .
Locke did not believe that the state should use its coercive powers to promote social utility if this involved violating
people's rights. It is clear that the political morality in the U.S. is strongly influenced by Lockean ideas. As U.S. citizens, African
Americans also have strong Lockean intuitions. So they often frame their political concerns in Lockean rights-based terms. The
demand for black reparations is no exception. Very few contemporary U.S. citizens would deny that U.S. slaves deserved
reparations for slavery. The debate over reparations for slavery focuses on whether present day African Americans are
entitled to repara tions and on whom would be obliged to settle this debt; not on whether slaves were the victims of a terrible
injustice. The critics question whether it would be just and wise for the U.S. Government to use tax dollars, tax exemptions or some other means
to settle a debt of justice to present day African Americans. The thoughtful and sincere criticisms of reparations for African Amer icans rest on the
complications involved in providing a compelling case. The critics of reparations question the legitimacy of the demand because all present day
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African Americans are not the descendants of chattel slaves. In fact, some are fairly recent immigrants. Critics argue that the call for reparations
conflates the following groups: (1) the willing perpetrators of injustice, (2) the culpable beneficiaries of injustice, (3) the <CONTINUED>
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failure to do this may cause many African Americans to sit on the fence and not
fully embrace their U.S. identity because the U.S. Government has not acknowledged in an official way its role in the
victimization of African American people. This is not to say that African Americans have not served their country in times of
need. Clearly they have supported the country in numerous ways, and they have fought and died in defense of U.S. ideals, but,
nonetheless, many have remained ambivalent about fully identifying as U.S. citizens. Many African Americans believe
that they still suffer because of the legacies of U.S. slavery and Jim Crow, but they realize that we live in political climate that
stigmatizes black victimization. In fact, a prevalent view is that a person who sees herself as a victim of past discrimination is someone who is
unwilling to take advantage of existing opportunities. Acknowledging black victimization is often described in pejorative terms
as "playing the race card,"23 or as a "victim's mentality."24 And playing the race card is a practice that is taken to be at odds
with the U.S. ideal of judging persons by their deeds rather than their racial identities. This practice is taken to be
incompatible with genuinely working to achieve a racially assimilated society. There is not a logical or practical incompatibility
between acknowl edging a history of racial discrimination and working hard to be successful in life . However, because
of their life circumstances, people deal with discrimination and injustice in different ways. Some people are able to succeed in spite of it while
others may be broken by it. But success and failure is usually not an individual achievement, it often depends upon
networks and support systems. African American children who live in poverty need to know that they bear no
responsibility for being born into a family that lives in a poor black community with inadequate schools and
other services. Acknowledging the historical conditions that contributed to the formulation of such communities is
not to coddle these children. Nor does it blind them to real opportunities. In the debate over how to remedy the effects of past
racial discrimi nation we find two approaches: backward-looking and forward-looking justifications. Reparations are an example of the former
approach. Those who are called upon to give up holdings that they presently have in their possession because they have a duty of reparations are
only asked to do so because they have been wrongdoers. And those who receive these holdings are entitled to them only because they have been
wronged. Supporters of black reparations want to change the status quo, but they do so for different reasons than
egalitarians or utilitarians.
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idea of reparations as a critical discourse is always linked to efforts to make material change in the lives
of African Americans. Here too, it is important to note that specific commitments to African American commu-nities need
not benefit them exclusively. The example of Reconstruction, which targeted the welfare of the freedmen and women but
also created new educational possibilities, social welfare programs, and more democratic state constitutions throughout the
South, indicates the broader democratic effects that might follow from attending to the lingering impact of
slavery.89 Ideed, one of the central contributions of reparations activism is its capacity to undermine the idea that
effecting improvement in some of the most neglected U.S. communities would somehow only be to the good of
black citizens. As Kelley observes: "By looking at the reparations campaign in the United States as a social movement,
we discover that it was never entirely, or even primarily, about the money. The demand for reparations was about
social jus-tice, reconciliation, reconstructing the internal life of black America, and eliminating institutional racism."90 It is not
necessary, finally, to see in the quest for reparations an example of "left melancholia," a brooding antipolitics that stands accusingly "to the left of
the possible."91A lthough Brown paints a recognizable picture of a kind of radical posturing that focuses on unsatisfiable grievances, and her
account aptly captures some elements of the reparations movement, the dismissal of all reparations demands as examples of this kind of posturing
disguises the ways in which the idea of redress for slavery has been, since the nineteenth century, figured as outside "the possible." It elides those
reparations claims that go beyond good and evil, that contest the assumptions of liberal legal dis-course and imagine how to evoke the complex
haunting of the American present, that aspire to obtain redress without requiring that African Ameri-cans present themselves as helpless victims
or as super-Americans, and that attempt to harness state power and criticize it simultaneously. Thus, one might ask why critics are so quick to
dismiss a movement that has galvanized a range of actors, including grassroots activists as well as lawyers, lawmak-ers, and academics. The
rejection of reparations per se--rather than critical assessment of different, specific arguments for reparations- and the desire to
eschew any complicity with state power raise unsettling questions about whose left melancholia pervades the most
acute political theorizing today. If the political energy and purpose generated in the pursuit of reparations does
not represent a promising example of democratic politics, then what does?
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only about racial justice, but also about the dreams of democracy and equality that all
Americans pursue+ For those dreams to be realized, America will soon have to grow up and
learn how to discuss matters of race+ The White Left, along with the rest of the nation, will have to
come to acknowledge that, for over a century, ignoring issues marked by racial division
issues such as reparations and apologies for slavery has delayed our democratic
development+ Such ignorance has no place in our future+ The alternative, as Dr+ King lamented, is to have
racial injustice continue to be a cancer that eats at the moral fabric of the nation+
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discussing the "transformation of social services," uses Title XX as his "focal point" because "it provides the
largest single source of social service funds" and"... represents the cornerstone of the emerging structure of social
services in the United States" (emphasis added) (Gilbert & Specht, 1974). Knowledgeable readers would find nothing inaccurate about what
Gilbert says, but it could be puzzling to less informed persons to read the entire Title XX Statute and find the phrase "social services" used only
once, buried innocuously in Section 2003. The text of the law determinedly limits itself to -the word "services," referring to
those activities which can be supported if they are directed at the five basic goals enumerated under the Act : Economic
self-support; personal self sufficiency; protection from abuse, neglect and exploitation; prevention of inappropriate institutionalization; and
arrangement for appropriate institutional care.
more narrow than human services" yet broader than "social work services ." It excludes income maintenance
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provision, tax supported education programs generally available to an citizens, services that are primarily medical in nature, and
the maintenance of institutions for residential care, treatment or incarceration. It focuses primarily on those community-based
activities designed to accomplish the five stated goals in the Title XX Statute (Slack, 1979).
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distributional implications or outcomes. Social policies may be made implicitly or explicitly, by a wide range of
social institutions and groups, including the state. The task of social policy analysis is to evaluate the distributional
impact of existing policies and proposals and the rationales underlying them . In such analyses attention will be focused
less on the problems of individuals or clients, than on the behavior of organizations, professions and classes in order
to balance descriptions of the institutional framework through which the welfare state is administered with analysis
of the social production and maintenance of inequality. Unless social policy teaching and research adapts its tools
and methods to take account of these social factors it is likely to become increasingly detached from the real
world of social welfare. Whether or not the welfare state is in or on the brink of a crisis, the fact that thirty years
of institutionalized social service provision has not produced a major change in the unequal structure of
British society is now, surely, firmly established.2 The evolution of this realization has been accompanied by
periodic expressions of dissatisfaction about the limitations of the definition of social policy, both as an
activity or practice and as an academic subject; social administration . Recent analyses of the political economy
of welfare have, like their famous predecessors, exposed some short-comings in the current conceptions of social
policy, and have succeeded in sowing the seeds of alternative and more sociological approaches .3 However, these
critiques have usually remained implicit, and the need for a reassessment of the scope of social policy teaching
and research has not been openly and consistently recognized . There are signs that, as a result, the boundaries
of the subject are becoming increasingly blurred, with a split emerging between what some social policy
analysts do and what is traditionally defined as being the concern of social administration . This is not only
confusing for students and others but more importantly this division may be exploited by those whose
interests would be harmed by alternative analyses of social policy . Furthermore, there are signs hat important social
developments which affect welfare fundamentally, arc not receiving critical attention from social administrators
because they fall outside of the compass of the subject as it has developed since the Second World War. Social
administration, as the amalgam of disciplines within which social policy is studied is anachronistically called, is a relatively young and
developing subject and it is not surprising, therefore, if its scope is questioned from time to time. However, despite the pioneering work of
Titmuss in outlining the three divisions of welfare and Townsend in formulating the basis of a sociological approach to social policy, traditional
conceptions oldie subject have proved to be remarkably resilient.4 Whilst the coverage of welfare provisions in the private sector,
such as health insurance and employers fringe benefits. has increased in recent years. social administration has
continued to concentrate its attention on government action through the five social services: health, education,
social security, housing and personal social services. As a result, social administration has not yet succeeded in
providing a systematic framework for the analysis of the perpetuation and growth inequalities in welfare state
societies; choosing instead, for the most part, to remain passive, at best describing them and at worst ignoring them.
For example. the impact of inflation and income policies on stratification are rarely considered by social administrators. and far from being
incorporated into a theory of social policy, they are too often seen as being the province of economists alone. This, of course, partly
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reflects the fact that economists and sociologists, by and large, have also failed to provide the necessary framework
<CONTINUED>
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research and teaching. But while they continue to concentrate on government and its legislation, social
administrators are in danger of ignoring the distributional outcomes of decisions made by other powerful social
institutions and groups, including other sectors of the state as well as financial and business concerns. If social
administration is to encompass adequately the analysis of welfare or dis-welfare, as the result of the distributional outcomes of various
institutionalized social policies, it must at some stage re-examine its definition and scope . This process of re-examination
assumes, of course, that it is possible and desirable to arrive at a single definition of social policy or social
administration. Titmuss referred to this as the unsoluble problem.8 However, the problem is not so much a lack of alternative
and untainted terms, as an absence of clear agreement amongst analysts on the meaning of concepts that arc
generally held to be central to the subject. Existing consensus appears to be confined to the study of certain parts
of the policy system. When this lack of agreement, therefore, is translated into a reluctance to investigate some
integral pans of the institutionalized policy process, then some discussion of the nature of the subject is clearly
called for. This need is further emphasized by the implications for the study of social policy of the failure of the welfare state significantly to
affect either the prevailing distribution of resources and power in society. or the social differentiation of welfare. The fact that social
administration is a field rather than a discipline should not be allowed to inhibit attempts at the clearer definition of
the scope and meaning of social policy, if this will facilitate the study of welfare as a whole.
\
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2AC T Poverty
1. We Meet African Americans inherit the right to government reparations all slaves
were in poverty thats Green
2. Counter-Interpretation in means that the persons must be affected by poverty
Websters 9 (in, Webster's new world college dictionary, http://www.yourdictionary.com/in)//northwestern-ak
1. contained or enclosed by; inside; within in the room, in the envelope 2. wearing; clothed by to dress in one's best 3. during the course of done in a day 4. at or before the end of return
in an hour 5. perceptible to (one of the senses) the town is in sight; he told a lie in my hearing 6. limited by the scope of in my opinion 7.
1. being a member of or worker at in the navy,
in business
2. being a student at she's in college
3. being an inmate of to be in prison 8. out of a group or set of one in ten will fail 9. amidst; surrounded by in a storm, in total
darkness
; they were in tears 11. engaged or occupied by (an activity
or process) in a search for truth, deep in thought 12. with regard to; as concerns weak in faith, to vary in size, six feet two in height 13. so as to form; arranged to produce the form or shape of
hair done in curls, standing in a line 14. with; by; using to paint in oils, written in English, sculpture done in wood 15. because of; for to cry in pain 16. by way of; for the purpose of do this in
my defense 17. as a part of the capacity or function of; belonging to he didn't have it in him to cheat; can you find it in yourself to forgive her? 18. into [break it in two; come in the house]:
when the idea of motion from outside to inside is intended, into is generally preferred 19. living or located at vacationing in Venice
And we meet African Americans lack necessary property rights and social acceptance
thats Green
3. Government definitions of poverty are bad they purposely exclude African Americans
as part of a flawed economic calculation thats Green the impact is our aff
4. Extra-topicality is good
A) More Neg Ground opens up disad viability and PIC ground
B) Counterplans solve your unpredictability claims
C) At worst, just reject the extra-topical planks
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2AC T Poverty
5. Poverty isnt just economic their market focus causes extinction
Shiva 6 (Vandana, After receiving her B.S in Physics, she pursued a M.A. in philosophy at the University of
Guelph (Ontario, Canada). In 1979, she completed her Ph.D. in Quantum Theory Physics at the University of
Western Ontario, ounded the Research Foundation for Science, Technology and Ecology, The History of Poverty,
http://www.geezmagazine.org/affluence/think/3/the-history-of-poverty, dated by last citation) Zanezor
In Staying Alive, I had
referred to book entitled Poverty: the Wealth of the People in which an African writer draws a
distinction between poverty as subsistence, and misery as deprivation. It is useful to separate a cultural
conception of simple, sustainable living as poverty from the material experience of poverty that is a result of
dispossession and deprivation. Culturally perceived poverty need not be real material poverty: sustenance
economies, which satisfy basic needs through self-provisioning, are not poor in the sense of being deprived. Yet the
ideology of development declares them so because they do not participate overwhelmingly in the market economy,
and do not consume commodities produced for and distributed through the market even though they might be satisfying
those needs through self-provisioning mechanisms. Poor. People are perceived as poor if they eat millets (grown by women) rather
than commercially produced and distributed processed junk foods sold by global agri-business. They are seen as poor if they live in self-built
housing made form ecologically adapted natural material like bamboo and mud rather than in cement houses. They are seen as poor if they wear
handmade garments of natural fibre rather than synthetics. Sustenance, as culturally perceived poverty, does not necessarily imply a low physical
quality of life. On the contrary, because sustenance economies contribute to the growth of natures economy and the social economy, they ensure
a high quality of life measure in terms of right to food and water, sustainability of livelihoods, and robust social and cultural identity and
meaning. On the other hand, the poverty of the 1 billion hungry and the 1 billion malnutritioned people who are victims of obesity suffer from
both cultural and material poverty. A system that creates denial and disease, while accumulating trillions of dollars of super profits for
agribusiness, is a system for creating poverty for people. Poverty is a final state, not an initial state of an economic
paradigm, which destroys ecological and social systems for maintaining life, health and sustenance of the
planet and people. And economic poverty is only one form of poverty. Cultural poverty, social poverty, ethical
poverty, ecological poverty, spiritual poverty are other forms of poverty more prevalent in the so called rich North
than in the so called poor South. And those other poverties cannot be overcome by dollars. They need compassion and
justice, caring and sharing. Ending poverty requires knowing how poverty is created. However, Jeffrey Sachs views poverty as the original
sin. As he declares: A few generations ago, almost everybody was poor. The Industrial Revolution led to new riches, but much of the world was
left far behind. This is totally false history of poverty, and cannot be the basis of making poverty history. Jeffrey Sachs has got it wrong. The poor
are not those who were left behind, they are the ones who were pushed out and excluded from access to their own wealth and resources. The
poor are not poor because they are lazy or their governments are corrupt. They are poor because their wealth has been appropriated and wealth
creating capacity destroyed. The riches accumulated by Europe were based on riches appropriated from Asia, Africa and Latin America. Without
the destruction of Indias rich textile industry, without the take over of the spice trade, without the genocide of the native American tribes, without
the Africas slavery, the industrial revolution would not have led to new riches for Europe or the U.S. It was the violent take over of Third World
resources and Third World markets that created wealth in the North but it simultaneously created poverty in the South. Myths. Two
economic myths facilitate a separation between two intimately linked processes: the growth of affluence and the
growth of poverty. Firstly, growth is viewed only as growth of capital. What goes unperceived is the destruction in
nature and in peoples sustenance economy that this growth creates. The two simultaneously created externalities of growth
environmental destruction and poverty creation are then casually linked, not to the processes of growth, but to each other. Poverty, it is stated,
causes environmental destruction. The disease is then offered as a cure: growth will solve the problems of poverty and environmental crisis it has
given rise to in the first place. This is the message of Jeffrey Sachs analysis. The second myth that separates affluence from poverty,
is the assumption that if you produce what you consume, you do not produce. This is the basis on which the
production boundary is drawn for national accounting that measures economic growth. Both myths contribute to the
mystification of growth and consumerism, but they also hide the real processes that create poverty. First, the
market economy dominated by capital is not the only economy , development has, however, been based on the growth of the
market economy. The invisible costs of development have been the destruction of two other economies : natures
processes and peoples survival. The ignorance or neglect of these two vital economies is the reason why
development has posed a threat of ecological destruction and a threat to human survival, both of which, however, have
remained hidden negative externalities of the development process. Instead of being seen as results of exclusion, they are
presented as those left behind. Instead of being viewed as those who suffer the worst burden of unjust growth in the form of poverty, they are
false presented as those not touched by growth. This false separation of processes that create affluence from those that create poverty is at the
core of Jeffrey Sachs analysis. His recipes will therefore aggravated and deepen poverty instead of ending it. Economies. Trade and exchange
of goods and services have always existed in human societies, but these were subjected to natures and peoples
economies. The elevation of the domain of the market and man-made capital to the position of the highest
organizing principle for societies has led to the neglect and destruction of the other two organizing principles
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ecology and survival which maintain and sustain life in nature and society. Modern economies and concepts of
<CONTINUED>
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<CONTINUED>
development cover only a negligible part of the history of human interaction with nature. For centuries, principles of sustenance have given
human societies the material basis of survival by deriving livelihoods directly from nature through self-provisioning mechanisms. Limits in
nature have been respected and have guided the limits of human consumption. In most countries of the South large numbers of people continue to
derive their sustenance in the survival economy which remains invisible to market-oriented development. All people in all societies
depend on natures economy for survival. When the organizing principle for societys relationship with nature is
sustenance, nature exists as a commons. It becomes a resource when profits and accumulation become the
organizing principle for societys relationship with nature is sustenance, nature exists as a commons . It becomes a
resource when profits and accumulation become the organizing principles and create an imperative for the
exploitation of resources for the market. Without clean water, fertile soils and crop and plant genetic diversity,
human survival is not possible. These commons have been destroyed by economic development, resulting in the creation of a new
contradiction between the economy of natural processes and the survival economy, because those people deprived of their traditional land and
means of survival by development are forced to survive on an increasingly eroded nature.
6. Err aff states counterplan and poverty key warrant make it hard to come up with good
aff ideas on this shitty topic
7. Reasonability solves your impact competing interpretations leads to a race to the
bottom
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first and most fundamental dimension of the reparations issue and that unless that is engaged and successfully
pursued, the issue of reparations will appear to lack moral grounding in the court of national and world opinion,
and thus, will be cast as a claim unworthy of support on any other level. In consideration of the issue of reparations as
essentially and foremost an ethical issue, it must above all be framed in ethical terms. Therefore, the struggle for reparations begins
with the definition of the horrendous injury to African people which demands repair. In other words, to talk of reparations is first to identify and
define the injury, to say what it is and is not, to define its nature and its impact on the one(s) injured. Unless this is done first and maintained
throughout the process, there is no case for reparations only an incoherent set of claims without basis in ethics or law.
( ) Turn Sacrifices The only way reparations will have meaning is if the government is
forced to make a sacrifice their disad is a means of avoiding these sacrifices which
devoids the reparation of any meaning thats Hall
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into the future will be a better thing if you acknowledge the wrong and make efforts to restore what you have
damaged. For Ross, the duty is generated by the past and unrelated to bringing about anything good ; from the narrative
perspective, however, the requirement is just what is required to bring about a valuable connected whole with past,
present, and future partsthe best way to complete a chapter, so to speak, in two intersecting life-stories. So far, neither the Rossian nor
the narrative account has told us much about the ultimate reasons for their evaluations, but they reveal ways to consider the matter. The Rossian
asks us to judge particular cases in the light of self-evident general principles asserting that certain past events tend to generate present (or
future) duties. The alternative perspective calls for examining lives and relationships, over time, in context, as organic unities evaluated (partly) in
narrative terms. To illustrate, consider two persons, John and Mary. John values having Marys trust and respect, and conversely Mary values
having Johns: moreover, John values the fact that Mary values being (rusted and respected by him, and conversely Mary values the same about
John.6 Now suppose that other people have been abusive and insulting to Mary and that John is worried that Mary may take things he had said
and done as similarly insulting, even though he does not think that he consciously meant them this way. Though he is worried, Mary does not
seem to suspect him: he fears that he may only make matters worse if he raises the issue, creating suspicions she did not
have or focusing on doubts that he cannot allay. Perhaps. he thinks, their future relationship would be better served if he
just remained silent, hoping that the trouble, if an will fade in time. If so, consequentialist thinking would
recommend silence. Acknowledging this, he might nonetheless feel that duties of friendship and fidelity demand that he raise the issue,
regardless of whether or not the result will be worse. Then he would be thinking as a Rossian.
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life would be miserable away from slavery. (Every child a wanted child.) Ending slavery would wreak economic
hardship. (Ending abortion would force millions on welfare.) A colored is not human and therefore not a citizen.
(Biologically speakingan embryo is far more primitive than a fish or a bird, writes abortion supporter Christian Beenfeldt for the June 2006
issue of Capitalism Magazine.[iv] People should be free to choose, Mr. Fitzhugh reasoned.
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an inexpensive source of labor, enslaved Africans in the United States also became important economic
and political capital in the American political economy. Enslaved Africans were legally a form of propertya
commodity. Individually and collectively, they were frequently used as collateral in all kinds of business transactions. They were also
traded for other kinds of goods and services. The value of the investments slaveholders held in their slaves was often
used to secure loans to purchase additional land or slaves. Slaves were also used to pay off outstanding debts. When
calculating the value of estates, the estimated value of each slave was included. This became the source of tax revenue for
local and state governments. Taxes were also levied on slave transactions. Politically, the U.S. Constitution incorporated a feature that made
enslaved Africans political capitalto the benefit of southern states. The so-called three-fifths compromise allowed the southern states to count
their slaves as three-fifths of a person for purposes of calculating states' representation in the U.S. Congress. Thus the balance of power between
slaveholding and non-slaveholding states turned, in part, on the three-fifths presence of enslaved Africans in the census. Slaveholders were taxed
on the same three-fifths principle, and no taxes paid on slaves supported the national treasury. In sum, the slavery system in the United
States was a national system that touched the very core of its economic and political life .
slavery was an attractive employment of capital and was expected to remain so, an enormous vested interest had
been developed in its ownership by 1860. 9 Based on these three conclusions, a fourth would also be obvious: slavery was above all,
at least for the South, thought of in terms of economics. The economic problems of a Southerner were, no doubt, of little concern to a
Northern abolitionist, but the fact remains that money and slavery were bonded as one.
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in the
form of internal capital transfers would involve no loss of resources to the economy, but rather a redistribution
away from heretofore favored classes.161 There might even be a boost to the economy from such transfers. In
addition, there will likely be a society-wide energy gain as black Americans emerge from under the shroud of racism and gain much new energy
for seeking broader group and societal goals. At the same time white Americans could put new energy into broader societal goals. Clearly,
there is a major moral gain here for the United States, since for the first time in its history there will be a real
national commitment to implementing the goals of liberty and justice for all. In the long run, such reparations may
also save society from upheaval. Just societies are likely to work better and last longer than those with great social
inequalities. Societies sustainable in the long run may well require ever-expanding social justice.
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surely those who stand with their feet on the necks of others cannot move, but they do live longer, have more
constitutional rights, don't go to jail, and go to better schools where what is a lie to a workingclass kid is not a lie to a wealthy scion.
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inside us: in how we have come to see ourselves, in our damaged capacity to validate a course of ourselves
without outside approval. The issue here is not whether or not we can, or will, win reparations. The issue rather is
whether we will fight for reparations, because we have decided for ourselves that they are our due.
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plebiscite allowing it, the people who were wronged because of slavery, that is, the heirs of the slaves, have just
cause to seek restitution. Period. The debate should be about how they should seek it, not if they may properly do so.
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their 401(k) funds and other assets, which he suggested properly belong to blacks. Obama himself has said more
needs to be done to "cleanse America of its original sin." He said he cannot "brush aside the magnitude of the injustice done, or
erase the ghosts of generations past, or ignore the open wound, the aching spirit, that ails this country still." "The problems of inner-city
poverty arise from our failure to face up to an often tragic past," Obama said. He also wrote in his recent
autobiography that he sympathizes with militant black activists who fear that "white Americans will be let off the
hook" for past crimes, such as "a hundred years of lynching under several dozen administrations." "I understand
these fears," Obama said, and agrees that the government has a "responsibility to make things right," suggesting there is
at least some legitimacy to militant demands for payback
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Congressional Black Caucus chairwoman Barbara Lee (D-Calif.) said her organization is studying the language of
Harkin's resolution. Other CBC members said they've read it and don't like it. "Putting in a disclaimer takes away from the
meaning of an apology," said Rep. Bennie Thompson (D-Miss.).
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presidency would bolster their power in Congress along with other Democrats . Although it is not clear whether the
president will support all of the CBC legislation, Rep. Lee said it is good for constituents to know that they have advocates who
frequently communicate with the presidentall of whom know the conditions in Black America.
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the injuries it inflicts, gives rise to political claims is thus not necessarily to limit political action to the public
reiteration of suffering.24
Among the
charges made by Horowitz is that the call for reparations for black slavery will negatively impact on race
relations and [lead to] the self-isolation of the African-American community. To my mind, these are purely peripheral issues. In
this reply I shall instead focus on whether these claims are just. After all, it is entirely possible that to hang an innocent man will
have positive effects on race relations and reduce isolation of the black community. Even if this merely utilitarian
consideration is true, it is still almost unworthy of consideration. Of far more importance is the justice, or lack
of same, underlying these claims.
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solution via the laws of property in the courts would result a decidedly unlibertarian
This objection seems to assume that something as basic as dispute resolution must be eschewed by libertarians . This
is highly problematic. In every manifestation of society envisioned, including the most anarchic possible, there will
necessarily be disputes. As such, dispute resolution will be a necessity, unless men somehow turn into angels. The present paper simply
explains why reparations could be pursued under a libertarian paradigm. It does not seek to a priori define every conceivable aspect of those
proceedings. No analysis can possibly solve every possible problem, even related ones. There is such a thing as specialization
and the division of labor in intellectual pursuits as there is in all others. The decision of whether those proceedings are civil, i.e.,
handled in a court, or handled by an arbitrator would occur in the aftermath of the adoption of the paradigm
presented in this paper. We are confident, however, that these matters can be handled, since again, we place reparations
in the arena of dispute resolution where it rightfully belongs. The details thereafter are at worst irrelevant, or at best secondary to
the larger question this paper seeks to answer. (It is comforting, however, for these types of objections to be raised, since they only exist in the
case where reparations can actually be pursued, exactly as this paper justifies!) As one additional point of justification, if the
details of a dispute such as the return of stolen property , even property spanning several generations, cannot
be handled via a libertarian dispute resolution paradigm, the type of anarchic society suggested by market
anarchy cannot exist anyway.
The plan is not intrinsically related to capitalism however capitalism does enhance the
effect of reparations
Block 2 (Walter, Harold E. Wirth Endowed Chair in Economics at Loyola University in New Orleans, "On
reparations to blacks for slavery", Human rights review, July-september, @EBSCO//greenhill-ak)
There are three reasons why black
leaders23 should jettison their socialist leanings, and begin to support capitalism . One, it
will inure to the benefit of their followers right now in ways unrelated to reparations . Two, they will be able to
logically maintain their position on reparations as a matter of principle. And three, some few black grandchildren
might actually be able to trace their claims back in time to the pre civil war era , and thereby obtain some
compensation, under libertarian law.
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Overturning capital is a reasonable, rational, longterm goal but a process that will involve a great deal of
destruction. Promises made by radicals in the past, promises of a quick shift to better material lives, will
probably be impossible to keep. Life will not, for most people, quickly get better, particularly not as we stand at the
threshold of an area of fascist barbarism. 89 It follows that if change is going to happen, it is going to take a long time.
The perseverance necessary to motivate people over that gulf between what is and what should be cannot be built on a vision of more goods and
merchandise. It can be built, though, on a promise for a meaningful life as a resister, a revolutionary now, and a
system of ethics that is drawn from a view of where we want to go. Those ethics, involving inclusion, antiracism,
antisexism, actionorientation, radical critique, internationalism, democracy, equality, and deep comradeship are drawn from thousands of
years of history, not from a thunderclap. Ethics do not stand outside of material circumstances to be applied
mechanically but creatively from a careful examination of things as they are and how they might change. And with an
eye on the future, education must address human needs, desires, and dreams. Capital, racism, and schools are of a piece today, one
aiding the other. In this context, adults are likely to trail kids in social action, but adults can set the stage and the goals for kids, then learn
from them. It follows that the charge to every ethical education worker, kid, parent, and community worker is to recognize the
limits set by capital and to see how, in daily life, we can go beyond them .
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2AC States CP
Perm do Both
Doesnt Solve
A) Moral Obligation the federal government is responsible for slavery and discrimination
it is the only existing authority that must respond thats Lyons
B) Weve impact turned the logic of your counterplan The idea of deciding on reparations
based on government benefits just recreates the status quo we must uncondition
reparations thats Hewitt and Green
3) The counterplan paralyzes political action debates over liability become never-ending
Paul M. Hughes, 2K4, member of Wiley InterScience (a program designed to provide scientific, technical,
medical and scholarly resources), Rectification and Reparation: What Does Citizen Responsibility Require? pg
250 2004.
Returning to the three questions at the start of section 2, we can now see that on Fullinwiders civil-duty model what justifies
compensating
victims of legalized discrimination for their suffering is the fact that they have been wronged. Nothing more about
who has benefited from wrongdoing and to what extent, or about degrees of victimization, is necessary to justify the
payment of reparations. Worrying about personal liability in large-scale collective wrongdoing invites
paralyzing confusion both about degrees of individual responsibility for those wrongs and about individual degrees
of victimization from such wrongs. These confusions are obstacles to getting on with the business of responding
morally to grave wrongs, and thus to making whatever amends are necessary to begin to right such egregious
wrongs.
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2AC Courts CP
Perm do both
Doesnt Solve
A) Material Reparations providing material compensation is necessary to reestablishing
property rights enforcement is vital thats Arceneaux
B) Legal Obstaclesthe counterplan doesnt overcome them the statute of limitations are
long over
Cox 2 (James, Activists Challenge Corporations That They Say Are Tied To Slavery Team of legal and
academic stars pushes for apologies and reparations, 21/2/02, USA Today)
The legal
obstacles are daunting. Slaves and their masters are dead. Company records , though sometimes damning, are
seldom complete. Damages may be impossible to calculate. Most important, no company accused of profiting from
slavery was breaking U.S. law at the time: Slavery was not a crime. ''We've never seen a case where someone who died
hundreds of years ago can have a simple, common-law tort revived. The law wasn't designed for this,'' says Anthony
Sebok, a tort expert at Brooklyn Law School. Statutes of limitations on torts, or injury claims, typically last no longer than two or
three years and have been extended in rare exceptions to only 30 years. Before broadening a tort case to a class-action lawsuit,
reparations advocates must find the descendant of a slave damaged by one of the defendants . Then they must decide who
qualifies as a slave descendant and who, in essence, is black.
C) Weve impact turned the logic of your counterplan The idea of deciding on reparations
based on government benefits just recreates the status quo we must uncondition
reparations thats Hewitt and Green
Perm do the counterplan justified by sufficient reparations
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conscious job preferences, race-conscious admissions preferences, and special set-aside provisions for minority
contractors have been specially compensating the black community. Specifically, in Horowitzs controversial Ten Arguments
against Reparations, he argues that since the passage of the Civil Rights Acts and the advent of the Great Society in 1965, trillions
of dollars in transfer payments have been made to African Americans all under the rationale of redressing
historical racial grievances. Furthermore, Horowitz muses, If trillion dollar restitutions and a wholesale rewriting of
American law (in order to accommodate racial preferences) for African Americans is not enough to achieve a
healing, what will? (Horowitz 2001).
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Whites took to the streets and destroyed an all- Black neighborhood, burning houses to the ground and killing six
Black residents.109 In 1994, the state of Florida passed the Rosewood Compensation Act paying each of the nine survivors of the
tragedy $150,000, and establishing a college fund.110 The Rosewood community, however, was never rebuilt, and
twenty- five to thirty families lost their homes to the violence. 111 Here there was a failure to account for the economic
value of all losses. Again, we see that while debts must be assessed for egregious acts, monetary compensation does
not account for making persons whole again.
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claim of innocence is often factually incorrect because many whites still discriminate against
African Americans in a variety of blatant, subtle, and covert ways. And even if a particular white person has not or
does not engage in overt discrimination, most such individuals are the beneficiaries of what their (and others')
ancestors did in creating a system of racial oppression that, as we have demonstrated, persists today. Unjust
enrichment is another name for contemporary white privileges. Patricia J. Williams has underscored this major
principle of law and ethics: "I read a rule somewhere that said if a thief steals so that his children may live in luxury and the
law returns his ill-gotten gain to its rightful owner, the children cannot complain that they have been deprived of
what they did not own". Martin Katz has argued forcefully that the harm of past discrimination cannot be "allowed to persist
unremedied because its 'cause' cannot be specifically identified ." If this ist done, "whites will be allowed to retain an
advantage which they did not earn and blacks will continue to lag behind as a result of acts which although they may
not be amenable to documentation no one denies were performed in contempt of individuality." Just because many of the
specific acts of racial discrimination and exploitation cannot be specifically identified does not exculpate the beneficiaries of racist practice. For
many generations now, white children have inherited ill-gotten gains from the anti black actions of whites before them. Recognition of this
inheritance of privilege is key to understanding arguments for reparations, and key to bringing about reconciliation between blacks and whites.
Wealth transmission is a critical factor in the reproduction of racial oppression. Given the nature of whites' disproportionate share of
America's wealth and the historical conditions under which it was acquired--often at the expense of African
Americans--it is of little significance that legal discrimination and segregation exist today. The argument that "Jim
Crow is a thing of the past" misses the point, because the huge racial disparities in wealth today are a direct
outgrowth of economic and social privileges one group secured unfairly, if not brutally, at the expense of another
group. Although civil rights laws that attempt to maintain equal opportunity in jobs, education, housing, and voting are
necessary and vital to eradicating racial oppression, they alone cannot remedy the continuing inequalities linked to Jim
Crow. Redressing the inequality generated by racial oppression will require a major redistribution of white
wealth. The ill-gotten privileges and unearned wealth inherited by present day generations of white Americans must
be dismantled and redistributed to those who have inherited the burdens of long term racial oppression, both past
and present. Economic, political, and perhaps other forms of reparations for African Americans are essential if the
United States is to begin to approach the equality long ago enunciated in the Declaration of Independence 's
opening premise: "all men are created equal and are endowed by their creator with certain unalienable rights." Large scale reparations
might be part of the next American Revolution.
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how they come to know it while making the division of society by class and race seem not political but
scientific. That this is going on is clear enough and proved in depth elsewhere. At issue to me is: Why and what to do, or not do?
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***Negative Section
Social Services Violation - Welfare
Reparations are a form of welfare
Blatier 99 (Catherine, University of Pierre Mendes @ France, "Towards a constructive response to youngoffenders:
reparation at the levels ofjustice and individual psychology", Journal of Social Work Practice, Volume 13, No. 2,
@EBSCO//greenhill-ak)
Reparation is a positive form of intervention, with a strong welfare orientation, which at the same time involves the
application of law and justice. In this respect, it is particularly suited to young people since it is a concrete expression of a society s
preoccupation with its future, embodied in its children or `descendants . Such a community cannot have a proper idea of itself without taking into
account the individuals of which it is comprised, since the collective is ultimately based on the individual. Society thus bene ts through
concerning itself with young people and protecting them, including within a judicial context. Within a welfare approach, the idea of
`good enough protection is relevant, meaning neither too much nor too little, neither over- or under-protection. It is this kind of justice
which we are interested in as psychologically minded workers making use of measures involving reparation: an approach which respects the
subjectivity of the individual young person and enables it to continue to come into being.
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educational
package offers an opportunity to teach about the manner in which interests converge, providing a
stepping stone to re-orient the publics perception about what peoples interests are and where
they converge. The benefit of Jim Crow reparations litigation is not simply the relative simplicity,
as compared to slavery reparations suits, of stating a claim. The relative immediacy of the injury, symbolized by the presence of living survivors
such as Otis Clark, underlines the recency of such acts of discrimination and violent repression, demonstrating the persistent breadth and depth of
racism in this country. Racism
is broad in the sense that the virulent attacks on African Americans (and other
minorities) have not been limited to a particular location. Many of us consider racial repression as a southern phenomenon,
forgetting that all our towns, including New York, Boston, Chicago, Detroit, Omaha, Dallas, Los Angeles, and San Francisco, were segregated on
the basis of race. All of these towns have suffered race riots. [*PG28]Most of these riots were perpetuated by white mobs attempting to subjugate
the black citizenry.74 In addition, all
of these riots happened during this century. People who were there
and who suffered are still alive. Some people who inflicted the suffering may still be alive.75 Racism is deep because of the
extreme measures we take to deny its existence. The shame that frequentlyand rightlyaccompanies the identification of an individual as a
racist does not always result from a disavowal of the underlying beliefs but from a recognition of the social sanctions that follow from such an
identification. It is the attitude of white peers to the tag racist that is regarded as problematic, not the failure properly to acknowledge the
humanity of African Americans (or other minorities). As Bell notes, these attitudes have not disappeared, but resurface in white efforts to avoid
integration.76 Jim
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reparations advocates focus on past and present injury and insist on the relationship of injury and identity in their
appeals for redress, they risk enshrining a view of black citizens as victims whose moral authority is not subject to
discussion or critique; insofar as they restrict their focus to injustices suffered by African Americans and remedies that
target black communities, they invite the charge of divisiveness; and insofar as their understanding of those injustices and
remedies relies on unproblematized conceptions of blackness and whiteness, they engage in the kind of shoring up of borders, internal and
external, that produces new exclusions. Critics of identity politics and advocates for reparations thus appear to be at an
impasse. Is the recent popularity of the idea of reparations politically counterproductive, an instance of one or more of the pitfalls the critics of
identity politics describe? Or are anti-identity politics arguments merely a recent manifestation of a longer history of resistance, particularly on
the part of white Americans, to acknowledging the grievances of black citizens? Believing that there is a limited truth to both sides, this essay
aims to engage them together by reading Wendy Brown's subtle and troubling account of the ways that identity-based movements can subvert
their own democratic aspirations against what I take to be the most persuasive arguments for reparations.B rown worries that the pursuit of
legal redress for the subordination of racial and sexual minorities, women, and other marginalized groups signals a
departure from the pursuit of freedom. This approach, she writes, bears too close a resemblance to what Nietzsche calls
a "politics of ressentiment": Developing a righteous critique of power from the perspective of the injured, it delimits
a specific site of blame for suffering by constituting sovereign subjects and events as responsible for the "injury" of social
subordination. It fixes the identities of the injured and the injuring as social positions , and codifies as well the meanings
of their actions against all possibilities of indeterminacy, ambiguity, and struggle for resignification or repositioning.
This effort also casts the law in particular and the state more generally as neutral arbiters of injury rather than as themselves invested with the
power to injure. Thus, the effort to "outlaw" social injury powerfully legitimizes law and the state as appropriate protectors against injury and
casts injured individuals as needing such pro-tection by such protectors. Finally, in its economy of perpetrator and victim, this project seeks
not power or emancipation for the injured or the subordinated, but the revenge of punishment, making the
perpetrator hurt as the sufferer does.l1
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Reps KLink
Reparations are counterproductive focusing on past African American suffering displaces
a true compassion to blacks undermines policy action and reinscribes a racist mindset
Balfour 5 (Lawrie, @ University of Virginia, Reparations after Identity, Political Theory, Vol. 33, No. 6, December,
pp. 786-811, Sage Publications, Inc., http://www.jstor.org/stable/30038464//northwestern-ak)
Furthermore, by
focusing on the centrality of suffering to claims of iden-tity, Brown may accept too uncritically
prevailing perceptions of the charac-ter of oppressed groups . According to Bickford, "to see identity claims as obsessed
with suffering is to overlook the fact that it is the perspective of the dominant culture that marks them out that
way."25T he availability of such assumptions and the distortions they reproduce when African American claims are involved can be illustrated
by the response to Trent Lott's homage to Strom Thurmond. That Lott's comments were discredited by commenta-tors across the political
spectrum might be celebrated as a sign of progress. That they were widely described as "racially insensitive" ought to inspire caution. For in
characterizing Lott's remarks as a matter of racial sensitivity, journalists simultaneously reinforced the suggestion that African
Americans are a particularly sensitive group and obscured the white supremacist character of the order for which Lott pined. Charles
Henry crystallizes the pervasiveness of this kind of thinking when he illustrates congressional reactions to Representative John Conyers's call for
a commission to study slave reparations with a comment by former Vice President Al Gore: "I'm for handling it sensitively without conveying a
sense that it's ever likely to occur, because it's not."26 Here a concern for black suffering, however sincerely meant, serves as a
substitute for action and effects a sleight of hand in which hurt feelings, not centuries of systemic injustice, are
taken to be at issue. The irony, of course, is that an excess of attention to the imagined suffering of those presumed to
be overly sensitive serves to displace any genuine confrontation with the pain at the heart of African American
history.27
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government has demonstrated a profound incapability in accounting skills when justice is being accounted for and
the net result in this case would undoubtedly mean America's Black community would be worse off . The
obliteration of Black home ownership in America caused by rapacious, predatory sub-prime schemes on Wall Street
is a case in point.
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