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Yeah, no, Reconstruction laws were actually race-conscious
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Yeah, no, Reconstruction laws were actually race-conscious
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Conservatives are so obsessed with the concept of originalism they continue to twist history in order to pretend their nonsense legal agendas are in line with what the “founders” of the country or the Fourteenth Amendment actually wanted. The latest historical victim of ahistorical legal ramblings is the entirety of Reconstruction legislation in order to claim affirmative action is unconstitutional.
The Supreme Court heard oral arguments in the latest attack on affirmative action in Students for Fair Admissions v. Harvard during which attorney Cameron Norris, for Students for Fair Admissions, the group challenging Harvard’s policy, argued that the legislation passed following the Civil War to address the harms of slavery was not about race and that none of the legislation passed was race-conscious (as opposed to race-neutral). Buckle in for an angry history lesson to understand just how bizarre that claim truly is.
The Civil War was explicitly about slavery and the US had worked very hard to ensure slavery and Blackness had a strong correlation.
READ MORE: The GOP’s ‘Commitment to America’ contains Confederate solutions to made-up problems
Legally, one could not be enslaved in the US if one was not of African descent. Indigenous people initially could be enslaved, but by the early 1800s, Native Americans were deemed legally free.
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