Tag: slavery

Congress Gets Unlimited Power Because…Slavery?

After engaging in a racially motivated street fight with a black man, Charles Cannon found himself facing—as expected—assault charges and a sentencing enhancement to penalize him further under Texas’s hate crime law. To federal prosecutors, however, this was not good enough, so they charged Cannon under the federal Hate Crimes Prevention Act (HCPA). You see, they had to make a federal case out of a fistfight to stop the return of slavery.

If that sounds odd, it probably should. The HCPA was passed pursuant to Section 2 of the Thirteenth Amendment, which authorizes Congress to enforce the Thirteenth Amendment ban on slavery, which authority the Supreme Court has extended to eliminating the “badges and incidents” of slavery. Defining these “badges and incidents” is naturally left up to Congress, and Congress has determined that racially motivated violence fits into that ever-expanding category. Cannon challenged his HCPA charges, but the federal district and appeals courts upheld the HCPA’s constitutionality, deferring to Congress’s power to “rationally determine” what the badges and incidents of slavery entail.

In petitioning the Supreme Court for review, Cannon argues that the HCPA intrudes on the states’ police power to prosecute local crimes and that Congress can’t be the judge of the limits of its own powers, whether under the Thirteenth Amendment or otherwise. Joined by the Reason Foundation and the Individual Rights Foundation, Cato has filed a brief supporting Cannon’s petition. We argue that the use of hate-crime laws to sweep local criminal activity into federal court has nothing to do with stamping out slavery and that the Court should decide the legitimacy of these laws before a more highly politicized case comes along—Ferguson, anyone?—and makes that task even harder.

Not only are federal hate crime laws constitutionally unsound, but, as George Zimmerman’s trial over the death of Trayvon Martin highlighted, they invite people dissatisfied with a state court outcome to demand that the federal government retry unpopular defendants. Giving Congress unlimited power and impairing the fundamental right to be free from double prosecution are too high and too immediate a price to pay to combat the phantom menace of slavery’s return to the United States.

The Supreme Court will decide this fall whether to take Cannon v. United States. For more on the case, see this description and brief on behalf of two members of the U.S. Civil Rights Commission.

This blogpost, as well as Cato’s brief, was co-authored by legal associate Julio Colomba.

Girl Likens Public School Failure to Ban on Teaching Slaves to Read

A 13-year-old black girl from Rochester likens the pedagogical malfeasance of her public school to the deliberate prohibition against teaching slaves to read–as recounted by Frederick Douglass in his autobiography. And she is hounded out of the school.

We can do better than this. We need a free marketplace in education with financial assistance to ensure universal access. Scholarship donation and personal use education tax credits can do that.

Can We Be Both Up from Slavery and on the Road to Serfdom?

At Reason.com I argue that libertarians are wrong to look back at some point in the past for a golden age of liberty, and especially wrong to write paeans to the gloriously free 19th century without mentioning the little matter of 19 percent of Americans being held in chains.

For many libertarians, “the road to serfdom” is not just the title of a great book but also the window through which they see the world. We’re losing our freedom, year after year, they think….

Has there ever been a golden age of liberty? No, and there never will be. There will always be people who want to live their lives in peace, and there will always be people who want to exploit them or impose their own ideas on others. If we look at the long term—from a past that includes despotism, feudalism, absolutism, fascism, and communism—we’re clearly better off. When we look at our own country’s history—contrasting 2010 with 1776 or 1910 or 1950 or whatever—the story is less clear. We suffer under a lot of regulations and restrictions that our ancestors didn’t face.

But in 1776 black Americans were held in chattel slavery, and married women had no legal existence except as agents of their husbands. In 1910 and even 1950, blacks still suffered under the legal bonds of Jim Crow—and we all faced confiscatory tax rates throughout the postwar period.

I note that “I am particularly struck by libertarians and conservatives who celebrate the freedom of early America, and deplore our decline from those halcyon days, without bothering to mention the existence of slavery,” and I name a couple of examples. When we talk about how free Americans were in the 19th century, we should remember that many millions of Americans look back on those years and say

“My ancestors didn’t have the right to worship in their own way. My ancestors didn’t have the right to keep and bear arms. My ancestors didn’t have the protection of centuries-old legal procedures. My ancestors sure as heck didn’t have the right to keep what they produced, or to pursue an occupation of their choice, or to enter into mutually beneficial trades. In fact, my ancestors didn’t even have the minimal right of ‘the absence of physical constraint.’”

Read the whole thing.

Postscript: In late-breaking news after the Reason article was written, Gov. Robert McDonnell (R-VA) has issued a proclamation declaring April “Confederate History Month.” As politicians often do with news they’re not really publicizing, McDonnell posted the proclamation on his website Friday, but no one noticed until Tuesday. The proclamation urges Virginians to “understand the sacrifices of the Confederate leaders, soldiers and citizens during the period of the Civil War” but does not mention slavery. Virginia’s last Republican governor, in issuing a proclamation remembering the Civil War, had at least acknowledged reality:  ”The practice of slavery was an affront to man’s natural dignity, deprived African-Americans of their God given inalienable rights, degraded the human spirit and is abhorred and condemned by Virginians … Had there been no slavery, there would have been no war.” Amazingly, he was criticized for that simple and obvious statement, as was I when I quoted it a few years back.