The uncomfortable truth is that the United States owes its position as the most powerful nation in the world to its slave-owning past.

Rep. Jackson Lee

The 118th U.S. Congress convened earlier this month, and legislation to establish a commission to study reparations for slavery and racism has been re-introduced in the House and Senate.

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The uncomfortable truth is that the United States owes its position as the most powerful nation in the world to its slave-owning past.

Rep. Jackson Lee

The 117th U.S. Congress convened for the first time at noon on Sunday, and yesterday, Representative Sheila Jackson Lee (D-Tex.) re-introduced H.R. 40, the bill which would establish a commission to study reparations for slavery.

H.R. 40, proposed in every Congress since the 101st, would acknowledge our nation’s unresolved history of slavery and racial discrimination and establish a commission to study its impact, consider a national apology, and suggest remedies. As Rep. Jackson Lee noted in her remarks introducing H.R. 40, it is “a holistic bill” which “establishes a commission to examine the moral and social implications of slavery,” and not just its economic consequences.

Update, January 25: Today, Senator Cory Booker introduced a Senate version of H.R. 40, to be known as S. 40, as he did in the last Congress.

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Yesterday, Democratic members of Congress introduced joint resolutions in the House and Senate which would amend the U.S. Constitution to strengthen the 13th Amendment’s prohibition of slavery.

The 13th Amendment, as adopted about six months after the Civil War ended, reads as follows:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Congress shall have power to enforce this article by appropriate legislation.

(Boldface added to highlight the portion of the amendment at issue.)

The proposed constitutional amendment would remove the exception for criminal punishments, reading as follows:

Neither slavery nor involuntary servitude may be imposed as a punishment for a crime.

This proposal, which would likely be the 28th amendment to the Constitution, comes after increasing controversy over the exception and would follow movements to eliminate similar language in several state constitutions, including Colorado, Nebraska, and Utah. It was introduced in the Senate by Sen. Jeff Merkley (D-Oregon) with three Democratic co-sponsors, and in the House by Rep. William Lacy Clay and fifteen Democratic co-sponsors.

To secure passage, supporters would have to achieve two-thirds votes in both the House and Senate, and then ratification by 38 state legislatures.

Senator Cory BookerSenator Cory Booker announced this afternoon that he is introducing legislation to study the possibility of reparations for slavery.

The presidential candidate’s proposal is intended to be a Senate companion to H.R. 40, the reparations bill introduced into the House this year by Rep. Sheila Jackson Lee (D-Tex.).

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The Vermont state legislature is currently considering a bill which would establish a task force to study a state apology for slavery and reparations or other remedies for slavery.

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Yesterday, Representative Sheila Jackson Lee (D-Tex.) re-introduced H.R. 40 in the new 116th U.S. Congress. This bill, proposed in every Congress since the 101st, would acknowledge our unresolved history of slavery and racial discrimination and establish a commission to study its impact, consider a national apology, and suggest remedies.

Rep. John Conyers (D-Mich.) first proposed H.R. 40 in 1989, and he reintroduced the bill in every new Congress until his resignation from Congress in 2017. Rep. Jackson Lee assumed first sponsorship over H.R. 40 at that time, and has now re-introduced the legislation as required with each new Congress.

H.R. 40 has been referred to the House Judiciary Committee, on which Rep. Jackson Lee sits. The text of the bill is not yet available to the public, although it is likely to be the same as in past years.

In the last, Republican-controlled Congress, H.R. 40 received no hearing or other consideration. It will be interesting to see whether there is activity on the bill in the new, Democratic-controlled, and more diverse 116th Congress.

Harry ReidSenate Majority Leader Harry Reid (D-Nev.) has been taking heat since yesterday for his remarks on the Senate floor comparing the opponents of health care reform to those who opposed ending slavery.

As I’ll explain below, I believe the criticism over Reid’s remarks is misplaced at best, and political gamesmanship at worst. However, I also think his comment was not merely impolitic, but an unfortunate contribution to our overheated political climate and, more importantly, mischaracterizes our nation’s history on slavery and race.

I am saddened at Reid’s perpetration of a damaging historical myth about our nation’s involvement in slavery, and as the sesquicentennial of the Civil War approaches, I believe it is imperative that we combat such false narratives about our nation’s past.

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As I previewed last month, the Massachusetts state legislature held a hearing yesterday on state representative Byron Rushing’s proposed slavery-era disclosure law.

Update: Governor Deval Patrick has commented that while he hasn’t read the bill, he agrees that “we have some unfinished work about some injustices that goes back generations.”

H 3148 would make Massachusetts the fifth state to enact a law intended to pry open corporate records on their involvement in slavery and the slave trade. As I’ve indicated in the blog posts I’ve linked to above, I think these laws offer significant benefits in addressing our nation’s pervasive amnesia regarding the centrality of slavery to our history and its relevance to our present circumstances.

The extent of the nation’s historical amnesia over slavery, particularly in the northern states, is strikingly illustrated by yesterday’s Associated Press story in advance of the hearing.

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Earlier this year, I wrote about Massachusetts State Representative Byron Rushing’s proposed slavery-era disclosure law. At that time, I indicated that Joint Committee on Tourism, Arts & Cultural Development should hold a public hearing later in the year.

The committee has now scheduled a public hearing for Monday, October 5 at 1:00pm at which testimony will be heard on Rushing’s bill, H 3148. The hearing will be held at the Strand Theatre in Dorchester.

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This morning, the U.S. Senate is scheduled to debate and vote on the apology for slavery and racial discrimination offered by Sen. Tom Harkin (D-Iowa).

Debate on the resolution should begin around 10:30am (Eastern time), following a period of morning business which begins at 9:45am and could last up to an hour, and will be broadcast live on C-SPAN2.

Update: The Senate is now debating the resolution, beginning with a reading of the full text, including its recitation of the dark history of U.S. slavery and racial discrimination.

Update 2: The Senate has passed S. Con. Res. 26. by voice vote and without dissent. The resolution will now move to the House, where Rep. Steve Cohen (D-Tenn.) is expected to shepherd the resolution.

The Senate, operating under unanimous consent, has set aside up to an hour for debate on the apology resolution. No amendments will be permitted, and following the debate, the Senate is expected to pass the apology by voice vote.

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