The Living Consequences

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.

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 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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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.

Congressman John Conyers (D-Mich.) has re-introduced H.R. 40, the “Commission to Study Reparation Proposals for African-Americans Act,” for the 111th Congress.

This legislation is enthusiastically supported by several DeWolf family members who appear in Traces of the Trade, and Rep. Conyers prominently mentioned our documentary when he introduced the bill. He is also a long-time supporter of our work, having flown to Park City, Utah last year to appear at the film’s world premiere on Martin Luther King Day at the Sundance Film Festival.

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Since last year, there has been a series of legislative developments, at the state and national levels, related to the legacy of slavery and the slave trade. I’ve blogged about each of these efforts separately in the past, but in this entry, I want to offer a quick overview of the various legislative proposals and their current status.

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The U.S. Senate will consider an apology for slavery and the subsequent history of legalized discrimination, under a plan announced by senators Sam Brownback and Tom Harkin and covered in an article made available by USA Today this evening.

Harkin and Brownback have already lined up 14 co-sponsors, including presidential candidates Clinton and Obama, for their proposed apology, which they plan to introduce in the Senate as early as March.

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Today, January 1, 2008, marks the 200th anniversary of the abolition of the U.S. slave trade.

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The House Judiciary Committee has released the witness list for tomorrow’s hearing, by the Subcommittee on the Constitution, Civil Rights and Civil Liberties, on the legacy of the transatlantic slave trade.

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