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256 pages, Kindle Edition
First published June 24, 2022
Good storytelling, interesting perspective... but invites a "hey, wait a minute... " reaction.
This book uses over 100 pages and 5 chapters to fully reveal its basic premise. That premise is that the 13th, 14th, and 15th amendments so completely remade the United States that it is a different country from the one formed by the Constitutional Convention in 1787.
That is said to be important because it liberates us from identifying with the leaders of the founding generation, most of whom were slaveholders. The ugliness of "the Peculiar Institution" was mentioned--e.g., that being the author of the Declaration of Independence does not excuse a 40-year-old man entering into a clandestine marriage with a 14-year-old girl who was also a slave (doubly unable to give informed consent). That is an easy sell if one already identifies with Union and not Confederate ancestors and believes that MAGA principle that nothing the President does can be considered a crime is irreconcilable with the principle that all should be equal under the law.
The "wait a minute" comes from the argument that, since the 13th, 14th, and 15th amendments came at a time when the former Confederate states were on probation, it lowered the Constitutional bar for passage. This is compared to the way in which the drafting of the Constitution of 1787 went beyond the mandate of the Convention and the way in which that constitution was adapted was not in accordance with the Articles of Confederation then in place. Maybe... but nobody appeals in court these days to the articles of Confederation, while the biggies of the Bill of Rights (numbers 1, 2, and 5, for example) are still regularly contested in U.S. Courts.In the final chapter the author makes a case for a more robust application of affirmative action and reparations. The case for affirmative action, to me, falls apart at least in part because race in 21st century America, while not irrelevant, is much more variable and much more a continuum than it was in previous centuries, both because of immigration and because mixed families are more common than in the past.
The argument for reparations seems like a bait-and-switch. When I hear reparations I think of the never-realized scenario in which, after slavery was abolished, a former plantation owner was required to transfer ownership of his much of land and livestock to his former slaves. What the author ends up describing sounds more like a progressive tax code, in which all who have benefitted from inequality are required to fund a robust safety net to catch those on the losing end of that inequality (and, of course, driving the stake the rest of the way through practices such as redlining, etc.). Such policies are a difficult sell in the contemporary U.S., but framing them as "reparations" makes that task more difficult rather than less so."