NationStates Jolt Archive


Civil War Reparations=Ex Post Facto?

Southern Industrial
23-07-2004, 01:48
This issue is a bit old, but I didn't see any threads about it when it came out and I wanted to hear some opinions about it...

Do you remember awhile ago when a buch of blacks tried to get 150 year old companies to pay for enslaving their ancestors?

Now is it just me or is the entire concept a blantent violation of ex-post facto laws? Was the atrocity of slavery entirely legal in the time that this was happening?
Ashmoria
23-07-2004, 01:52
the blood spilled in the civil war is reparations enough
Enodscopia
23-07-2004, 01:53
The way I look at it I did not enslave them my ancestors did so I should not have to pay them. Thats like a dad going and killing someone and aresting the son.
Purly Euclid
23-07-2004, 01:55
It seems that it is. While I cannot deny the horror slavery had on millions, I can deny that somehow, these people suffered. It'd be a much better case if there were living slaves, but the last one died in the forties.
Enodscopia
23-07-2004, 02:00
I don't think there is a case at all if the actual slaves are not alive and the ones sueing.
Free Soviets
23-07-2004, 04:54
The way I look at it I did not enslave them my ancestors did so I should not have to pay them. Thats like a dad going and killing someone and aresting the son.

actually, you have that analogy slightly wrong. it is actually more like a guy killing my dad and then me having that guy arrested. because the companies being sued for reparations in these cases have been in continuous existence since the time of their crimes - legally speaking these companies are just really old individuals. it is the same as going after nazi war criminals who have been in hiding for decades - they are still personally guilty of serious crimes, no matter how much time has passed.
Free Soviets
23-07-2004, 04:58
as for the issue of ex post facto, i would guess that a court could quite reasonably rule that laws allowing slavery could never be valid, much the same as laws allowing you to legally round up and slaughter some minoirty group could never be valid. essentially, this is one of the times where 'i was just following orders' and 'it was legal at the time' don't cut it as viable excuses.
Enodscopia
23-07-2004, 04:59
actually, you have that analogy slightly wrong. it is actually more like a guy killing my dad and then me having that guy arrested. because the companies being sued for reparations in these cases have been in continuous existence since the time of their crimes - legally speaking these companies are just really old individuals. it is the same as going after nazi war criminals who have been in hiding for decades - they are still personally guilty of serious crimes, no matter how much time has passed.

No, all the slaves and the slaves owners have been dead for over 50 years, why should the children be allowed to sue they were not slaves now were they.
Free Soviets
23-07-2004, 05:09
No, all the slaves and the slaves owners have been dead for over 50 years, why should the children be allowed to sue they were not slaves now were they.

except for corporations and other legal 'individuals' from the time, some of which are still kicking around. if they owned or used slaves, then some entities that benefited unjustly from slavery are still 'alive'.

and you don't seriously think that children and grandchildren are not entitled to reparations for damages done to their parents or grandparents, do you? for example, if i went and swindled a bunch of money from your grandma and then she died do you honestly believe that you have no claim against me?
Southern Industrial
23-07-2004, 05:09
as for the issue of ex post facto, i would guess that a court could quite reasonably rule that laws allowing slavery could never be valid, much the same as laws allowing you to legally round up and slaughter some minoirty group could never be valid. essentially, this is one of the times where 'i was just following orders' and 'it was legal at the time' don't cut it as viable excuses.

This is pretty clearly stated in the US constitution: One cannot be tried for a crime he commited before it was illegal. Apparently, in the old monarchies kings would find something someone they didn't like did and made it illegal, then tried them for commiting the crime, even if they stopped after the law was passed, therefore claiming to be inside the rule of law.
Free Soviets
23-07-2004, 05:18
This is pretty clearly stated in the US constitution: One cannot be tried for a crime he commited before it was illegal. Apparently, in the old monarchies kings would find something someone they didn't like did and made it illegal, then tried them for commiting the crime, even if they stopped after the law was passed, therefore claiming to be inside the rule of law.

you don't even have to look back that far. it was a favorite tactic of the administration at my high school just a few years ago.

now that i think about it, i bet the legal distinction is that they aren't being tried in a criminal court, but a civil one. they won't be found guilty of owning slaves, but they might be found liable for damages or whatever.

though i think that a case could be made for what i said earlier, that laws upholding slavery cannot be and were not ever legally binding, just like laws in nazi germany allowing the slaughter of jews and other 'undesireables' were never legal.
Enodscopia
23-07-2004, 05:19
except for corporations and other legal 'individuals' from the time, some of which are still kicking around. if they owned or used slaves, then some entities that benefited unjustly from slavery are still 'alive'.

and you don't seriously think that children and grandchildren are not entitled to reparations for damages done to their parents or grandparents, do you? for example, if i went and swindled a bunch of money from your grandma and then she died do you honestly believe that you have no claim against me?

But you see slavery was legal at that time so I don't feel that my great great grandfather owning slaves would make me be liable to pay the grandson or grand daughter of slaves.
CSW
23-07-2004, 05:21
This is pretty clearly stated in the US constitution: One cannot be tried for a crime he commited before it was illegal. Apparently, in the old monarchies kings would find something someone they didn't like did and made it illegal, then tried them for commiting the crime, even if they stopped after the law was passed, therefore claiming to be inside the rule of law.

Incorrect, we have tried people for crimes that were not illegal at that time, such as the Germans/Japanise for war crimes.
Free Soviets
23-07-2004, 05:37
But you see slavery was legal at that time so I don't feel that my great great grandfather owning slaves would make me be liable to pay the grandson or grand daughter of slaves.

right, i'll try this again.

no, you are not liable for your great-great-grandfather's crimes. no one is suing you for his ownership of slaves. no one at all. however, we do have certain entities that are still, legally-speaking, 'alive' that made a great deal of money through the slavery system. these entities are the thngs being tracked down and sued for damages. not you. only those entities that benefitted unjustly from slavery that are still 'alive', such as various insurance companies and shipping companies and banks and such. no great-great-grandchildren of slave owners.
Southern Industrial
23-07-2004, 05:41
Incorrect, we have tried people for crimes that were not illegal at that time, such as the Germans/Japanise for war crimes.

Firstly, that was on an international stage, and secondly the laws were clearly stated in the Geneva convention.
Enodscopia
23-07-2004, 05:45
right, i'll try this again.

no, you are not liable for your great-great-grandfather's crimes. no one is suing you for his ownership of slaves. no one at all. however, we do have certain entities that are still, legally-speaking, 'alive' that made a great deal of money through the slavery system. these entities are the thngs being tracked down and sued for damages. not you. only those entities that benefitted unjustly from slavery that are still 'alive', such as various insurance companies and shipping companies and banks and such. no great-great-grandchildren of slave owners.

Ok, I thought you were talking about sueing indiviuals.
Our Earth
23-07-2004, 06:28
It's an interesting issue because it really cannot be solved in a simply legal way. It could be said that the issue is entirely mute because the law was created after the offense, but the damage was done regardless and the objective of reparations would not be simply to enforce the law, but to right the wrong that was done regardless of the law. The intention would be to rectify the economic disparity caused by slavery and its aftermath. Some would argue that the government has no place forcing reparations on a community that neither broke any laws, created, or intentionally propogated the economic disparity brought on by slavery. On the other hand some would argue that the wealth that would have been held by former slaves and their children is instead held by others and should be trasfered accordingly. It's a complicated issue at best, and one which I cannot claim to have a good solution to.
Stephistan
23-07-2004, 06:33
This issue is a bit old, but I didn't see any threads about it when it came out and I wanted to hear some opinions about it...

Do you remember awhile ago when a buch of blacks tried to get 150 year old companies to pay for enslaving their ancestors?

Now is it just me or is the entire concept a blantent violation of ex-post facto laws? Was the atrocity of slavery entirely legal in the time that this was happening?

Well, I look at it like this.. if said companies made fortunes on the backs of slaves, then the families should be entitled to some thing.

As for enough blood being spilled in the civil war.. the civil war was not about slavery, it just happened to be a result.. not the cause.
Ascensia
23-07-2004, 06:55
I share the opinion of the old man in Barber Shop in regards to reparations.

Only thing giving every black man 10,000 dollars is gonna do is make Cadillac the number one dealership in the country.
Stephistan
23-07-2004, 06:58
I share the opinion of the old man in Barber Shop in regards to reparations.

Wow, racist or what!

:gundge:
Ascensia
23-07-2004, 07:02
Racist because I don't support giving out a pittance that'll be in most cases spent and wasted on something abyssmally unneeded? Oooook.

-.- That movie also happened to be a recipient of that Soul award, bothered if I remember the actual name of it.
Stephistan
23-07-2004, 07:04
Racist because I don't support giving out a pittance that'll be in most cases spent and wasted on something abyssmally unneeded? Oooook.

No, racist because of this comment.. I realize you didn't make it, but you did agree with it.

Only thing giving every black man 10,000 dollars is gonna do is make Cadillac the number one dealership in the country.
Ascensia
23-07-2004, 07:10
Does the truth bother you?

Is $10,000 going to bring every African American out of the projects or ghettos and into the suburbs? No.

Is it going to improve their lives in the long run? Most likely no.

It'll be spent on luxury items they can't afford that make them feel like they're living a better life for a short time.

Know why I say this? Because i'd do the same thing. Give me 10 grand, i'll waste it within a year. New computer, car, cheap couple trips somewhere crazy, that's all. Know why? I'm a normal spender, like all the people, or perhaps just White people, they propose the African portion of America should receive money from.

Don't like the truth? Tough. Don't like it, but don't call me a racist.
Stephistan
23-07-2004, 07:13
Does the truth bother you?

What truth? No, I don't believe $10,000 would buy any one a way out of the "ghetto", but I also don't believe every one would go buy a car either.
Ascensia
23-07-2004, 07:15
It's a metaphor for a random luxury item, such as the ones I listed, get it yet?

I'm not a racist, i'm a cynic, which makes me right at least as often as you, probably more so, since I complain about Liberal and Conservative lies.
The Black Forrest
23-07-2004, 08:35
Sorry no rep vote from me.

Slavery was an abomination but it was the thing of the time.

Much of the reperation fight is the fact the Japanese got theres. Big difference. Those affected where still alive.

Why should the transgressions of one race be valued over others?

If we have to give money to the slaves, then why not the tribal people?

For that matter, Canada owes the Mohawks something.

Europe owes Africa a everest sized mountain of cash for their transgressions.

Japan for Korea and China....

It sounds nice but reperations will solve very few problems.

If I were President. I would send a Generation to college for free. That would do more then handing out cash.

But then how do your prove slavery?

I had a buddy that went through an angrey black stage. Opressive whites, slaverers, etc. etc.

It only ended when his old man sat him down and said asked him why he was doing this.

Especially since his grandparents were from South Africa and the family was always in South Africa(Zulus). They were never any American Slaves.....

Hmmm maybe I shouldn't suggest the tribal people. My ancestor led the force that "pacified" the Ohio area. ;)