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A crime which (as defined) ended in the United States in 1865 - 137 years ago. There are neither living perpetrators, nor living victims,
The Constitution of the United States forbids both ex post facto laws and bills of attainder and corruption of blood. No 1928 finding by any court can retroactively create a basis for action stemming from acts which ended 63 years earlier, and no heirs may be held liable for criminal acts of their ancestors.
In each case, damages were paid for acts after the 1928 finding of law, and to, or for the benefit of, survivors of those acts.
Settlement of a real property claim is immaterial, and is also a question (as in Native American cases) of the treaty status of the parties to the claim.
This has already been rebutted - the Constitution of the United States provides an absolute bar. The collective property claims of native groups are an entirely distinct issue, hinging on treaty rights and other legal issues.
Immaterial to the question of whether, and where, jurisdiction exists to hear such a claim. The issue of the claim of African nations and their people for damages as a result of European colonialism is also distinct from the claims of modern American blacks in relation to the practice of slavery in the United States.
A discussion of the possible mechanics for such a claim has no relevance to the underlying merits of such a claim.
You have played debate games, but you have never yet stated clearly and unequivocally WHY and HOW American blacks have some "entitlement" to compensation for an act legal at the time, perpetrated against their sixth and seventh generation ancestors - assuming that they are in fact descendants of slaves held in the United States.
Originally posted by MrFun
I found an interesting article of an argument in support for slavery reparations.
Title: The Legal Basis of the Claim for Slavery Reparations
Author: Anthony Gifford
Source: Human Rights: Journal of the Section of Individual Rights & Responsibilities, Sping 2000, Vol. 27 Issue 2
.
PROPOSITION ONE
"The enslavement of Africans was a crime against humanity.
OMMISSION
Historians can show without difficulty how the invasion of African territories, the mass capture of Africans, the horrors of the middle passage, the chattelization of Africans in the Americas, and the extermination of the language and culture of the transported peoples constituted a continuing crime against humanity."
I found an interesting article of an argument in support for slavery reparations.
Title: The Legal Basis of the Claim for Slavery Reparations
Author: Anthony Gifford
Source: Human Rights: Journal of the Section of Individual Rights & Responsibilities, Sping 2000, Vol. 27 Issue 2
.
PROPOSITION ONE
"The enslavement of Africans was a crime against humanity.
OMMISSION
Historians can show without difficulty how the invasion of African territories, the mass capture of Africans, the horrors of the middle passage, the chattelization of Africans in the Americas, and the extermination of the language and culture of the transported peoples constituted a continuing crime against humanity."
PROPOSITION TWO
"International law recognizes that those who commit crimes against humanity must make reparation.
The right to reparation is well recognized by international law. It was defined by the Permanent Court of International Justice in 1928.
"International law recognizes that those who commit crimes against humanity must make reparation.
The right to reparation is well recognized by international law. It was defined by the Permanent Court of International Justice in 1928.
OMMISSION
*In 1952, the Federal Republic of Germany reached an agreement with Israel for the payment of $222 million, following a claim by Jews who had fled from Nazi-controlled countries.
OMMISSION
*Japan has made reparations payments to South Korea for acts committed during the invasion and occupation of Korea by Japan in World War II.
*The UN Security Council passed a resolution binding in international law, requiring Iraq to pay reparations for its invasion of Kuwait.
*In 1988, the United States government passed the Civil Liberties Act, in order to make restitution to Japanese Americans with respect to losses resulting from their intermment and ill-treatment at the hands of U.S. authorities during World War II.
OMMISSION
*In 1952, the Federal Republic of Germany reached an agreement with Israel for the payment of $222 million, following a claim by Jews who had fled from Nazi-controlled countries.
OMMISSION
*Japan has made reparations payments to South Korea for acts committed during the invasion and occupation of Korea by Japan in World War II.
*The UN Security Council passed a resolution binding in international law, requiring Iraq to pay reparations for its invasion of Kuwait.
*In 1988, the United States government passed the Civil Liberties Act, in order to make restitution to Japanese Americans with respect to losses resulting from their intermment and ill-treatment at the hands of U.S. authorities during World War II.
OMMISSION
*In November 1995, Queen Elizabeth personally presided over the signing of the Waikato Raupatu Claims Settlement Bill, giving reparation for the seizure of Maori land by British colonists in 1863.
OMMISSION
OMMISSION
PROPOSITION THREE
"There is no legal barrier preventing the claim for reparations.
The New Zealand case is an example of a claim by the descendants of the original victims; they suffer from the loss of their anscestral land and dislocation of their social fabric.
OMMISSION
"There is no legal barrier preventing the claim for reparations.
The New Zealand case is an example of a claim by the descendants of the original victims; they suffer from the loss of their anscestral land and dislocation of their social fabric.
OMMISSION
PROPOSITION FOUR
"The claim would be brought on behalf of all Africans, in Africa and in the diaspora, through an appropriate representative body.
Who would be the paintiffs in a claim for reparations? All Africans on the continent of Africa and in the diaspora who suffer the consequences of the crime of mass kidnap and enslavement have an interest in it. (OMMISSION) It is true that a minority of Africans collaborated with the slave trade and prospered as a result; but that should not undermine the overall truth that the rape of Africa was the responsibility of the European nations that established and promoted the trade.
"The claim would be brought on behalf of all Africans, in Africa and in the diaspora, through an appropriate representative body.
Who would be the paintiffs in a claim for reparations? All Africans on the continent of Africa and in the diaspora who suffer the consequences of the crime of mass kidnap and enslavement have an interest in it. (OMMISSION) It is true that a minority of Africans collaborated with the slave trade and prospered as a result; but that should not undermine the overall truth that the rape of Africa was the responsibility of the European nations that established and promoted the trade.
This is only part of the long article, with various sections ommitted, as I saw fit. To read the complete arguments, and to give the author a more fair interpretation, one should locate the complete copy. If there are some questions that could be answered by the ommissions, I will refer to my copy and try to answer them if possible.
You have played debate games, but you have never yet stated clearly and unequivocally WHY and HOW American blacks have some "entitlement" to compensation for an act legal at the time, perpetrated against their sixth and seventh generation ancestors - assuming that they are in fact descendants of slaves held in the United States.
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