• defense against a reparations penalty

    From RichD@21:1/5 to All on Mon Sep 18 16:53:42 2023
    You've heard about the so-called reparations payments
    to black folks. If it's all talk, no action, OK, let them foam.

    But let's say it progresses (in Sacramento, anyway). What
    that amounts to, is a tax on the whites, yellows, and
    browns, handed over to blacks. Do they have recourse,
    through the courts, if the legislature acts?

    First, handing out gold on basis of race immediately
    violates the 14th amendment. The looters can't lean
    on that. But they justify via the 5th, arguing that it's
    compensation for past harm. Is it so simple?

    Any plaintiff who makes such a claim has to show harm,
    and prove liability of a perpetrator, THROUGH THE TORTS
    COURTS. The legislature cannot award such damages
    and/or penalties.

    Hence, the Assembly is constitutionally prohibited from
    such action. If black folks believe they deserve something,
    they have to follow due process, and name specific, provably
    accountable defendants.

    Can we count on legal challenges like this, if the politicos
    carry out this threat?

    --
    Rich

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  • From Rick@21:1/5 to All on Mon Sep 18 21:25:21 2023
    "RichD" wrote in message news:2c8f426d-94d9-4bd2-8331-6285e31de889n@googlegroups.com...

    You've heard about the so-called reparations payments
    to black folks. If it's all talk, no action, OK, let them foam.

    But let's say it progresses (in Sacramento, anyway). What
    that amounts to, is a tax on the whites, yellows, and
    browns, handed over to blacks. Do they have recourse,
    through the courts, if the legislature acts?

    First, handing out gold on basis of race immediately
    violates the 14th amendment. The looters can't lean
    on that. But they justify via the 5th, arguing that it's
    compensation for past harm. Is it so simple?

    Any plaintiff who makes such a claim has to show harm,
    and prove liability of a perpetrator, THROUGH THE TORTS
    COURTS. The legislature cannot award such damages
    and/or penalties.

    Hence, the Assembly is constitutionally prohibited from
    such action. If black folks believe they deserve something,
    they have to follow due process, and name specific, provably
    accountable defendants.

    Can we count on legal challenges like this, if the politicos
    carry out this threat?

    --
    Rich

    Even beyond the points you make - which are mostly valid - there are are serious definitional problems with reparations. If the concept is to
    compensate black people for crimes against their ancestors, how do we define
    a black person? Many if not most people nowadays have mixed ancestry. Is a person who is 75% black and 25% white worthy of a reparation? What about someone who is 25% black? And how do we even calculate that? Most people
    who have both whites and blacks in their ancestral lineage probably have no idea of what percentage they are of each race. So who makes the
    determination on who is black?

    If the concept is to reward descendants of slavery in the US for crimes committed by white people, how do we possibly determine that? Many blacks
    came from other countries where they were not subject to slavery. And many whites in this country are not descendants of the whites who practiced
    slavery. A large percentage of whites in this country, maybe a majority,
    have ancestors who came from other countries where they themselves may have been victims of oppression. If I am a white person who escaped from a Communist dictatorship where I was oppressed and I come to this country to
    get my freedom, how does it make any sense that I should be punished because
    of crimes committed by white people with whom I have no connection? More to the point, many people have no idea of who their ancestors were or where
    they were living in the 1860s. Even people who self-identify as blacks may have limited knowledge about who their ancestors were or whether they were acrtually US slaves.

    The bottom line is that if even if reparations are viewed as valuable and a good idea (and clearly many people do not view them this way), the
    definitional problems alone are going to be daunting. And I definitely
    don't think they will survive constitutional challenges in the courts.

    --

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  • From John Dillinger@21:1/5 to All on Mon Sep 18 21:49:25 2023
    On Mon, 18 Sep 2023 16:53:42 -0700 (PDT), RichD <r_delaney2001@yahoo.com> wrote:


    But let's say it progresses (in Sacramento, anyway). What
    that amounts to, is a tax on the whites, yellows, and
    browns, handed over to blacks. Do they have recourse,
    through the courts, if the legislature acts?


    All the taxes are collected from all income earners and paid out for government programs. They don't collect on the basis of race because that
    is impossible.




    --

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  • From Stuart O. Bronstein@21:1/5 to Rick on Tue Sep 19 13:17:24 2023
    "Rick" <rick@nospam.com> wrote:

    If the concept is to reward descendants of slavery in the US for
    crimes committed by white people, how do we possibly determine
    that? Many blacks came from other countries where they were not
    subject to slavery. And many whites in this country are not
    descendants of the whites who practiced slavery. A large
    percentage of whites in this country, maybe a majority, have
    ancestors who came from other countries where they themselves may
    have been victims of oppression. If I am a white person who
    escaped from a Communist dictatorship where I was oppressed and I
    come to this country to get my freedom, how does it make any sense
    that I should be punished because of crimes committed by white
    people with whom I have no connection? More to the point, many
    people have no idea of who their ancestors were or where they were
    living in the 1860s. Even people who self-identify as blacks may
    have limited knowledge about who their ancestors were or whether
    they were acrtually US slaves.

    It has been shown statistically that black people in the US,
    particularly those descended from slaves, earn less money and have
    been able to accumulate substantially less savings than others.
    These are ongoing effects of both slavery and racism. While white
    people don't have perfect lives, the lives of black people and other
    minorities are significantly less perfect.

    The bottom line is that if even if reparations are viewed as
    valuable and a good idea (and clearly many people do not view them
    this way), the definitional problems alone are going to be
    daunting. And I definitely don't think they will survive
    constitutional challenges in the courts.

    Yes, not all black people suffer from the effects of slavery and
    racism. Those who do may be identified in various ways.
    Statisticians can figure that out - they do that kind of thing on a
    daily basis.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From Rick@21:1/5 to Stuart O. Bronstein on Tue Sep 19 15:59:08 2023
    "Stuart O. Bronstein" wrote in message news:XnsB0847940A93C6avocatstuyahoofr@130.133.4.11...

    "Rick" <rick@nospam.com> wrote:

    If the concept is to reward descendants of slavery in the US for
    crimes committed by white people, how do we possibly determine
    that? Many blacks came from other countries where they were not
    subject to slavery. And many whites in this country are not
    descendants of the whites who practiced slavery. A large
    percentage of whites in this country, maybe a majority, have
    ancestors who came from other countries where they themselves may
    have been victims of oppression. If I am a white person who
    escaped from a Communist dictatorship where I was oppressed and I
    come to this country to get my freedom, how does it make any sense
    that I should be punished because of crimes committed by white
    people with whom I have no connection? More to the point, many
    people have no idea of who their ancestors were or where they were
    living in the 1860s. Even people who self-identify as blacks may
    have limited knowledge about who their ancestors were or whether
    they were acrtually US slaves.

    It has been shown statistically that black people in the US,
    particularly those descended from slaves, earn less money and have
    been able to accumulate substantially less savings than others.
    These are ongoing effects of both slavery and racism. While white
    people don't have perfect lives, the lives of black people and other >minorities are significantly less perfect.

    The bottom line is that if even if reparations are viewed as
    valuable and a good idea (and clearly many people do not view them
    this way), the definitional problems alone are going to be
    daunting. And I definitely don't think they will survive
    constitutional challenges in the courts.

    Yes, not all black people suffer from the effects of slavery and
    racism. Those who do may be identified in various ways.
    Statisticians can figure that out - they do that kind of thing on a
    daily basis.


    But statisticians work with large numbers and populations, not individual cases. The problem with reparations is you're talking about individual
    people benefiting because of things that happened to a group of which the person receiving the benefit may or not be a member. Even if statistics
    does show that more blacks than whites have been treated unfairly, and even
    if it shows that many or most blacks have been victims of discrimination at
    the hand of whites, that does not mean that an individual black who benefits from reparations was a victim or that an individual white who may have to
    pay more in taxes to fund the reparation was guilty of discrimination. To
    put it another way, if I am black, why should I receive a benefit just
    because other people who are also black were victims of discrimination? And
    if I am white, why should I pay for the sins of other people who happened to also be white? To me, this is a clear violation of equal protection.


    --

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  • From Jethro_uk@21:1/5 to Rick on Wed Sep 20 08:30:22 2023
    On Tue, 19 Sep 2023 15:59:08 -0700, Rick wrote:

    To put it another way, if I am black, why should I receive a benefit
    just because other people who are also black were victims of
    discrimination? And if I am white, why should I pay for the sins of
    other people who happened to also be white? To me, this is a clear
    violation of equal protection.

    Why ?

    Because without these rather arbitrary ways of dividing people, how on
    earth is a decent fascist ever going to get elected ?

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  • From Rick@21:1/5 to All on Wed Sep 20 22:32:05 2023
    "Jethro_uk" wrote in message news:uee3v6$2j81m$42@dont-email.me...

    On Tue, 19 Sep 2023 15:59:08 -0700, Rick wrote:

    To put it another way, if I am black, why should I receive a benefit
    just because other people who are also black were victims of
    discrimination? And if I am white, why should I pay for the sins of
    other people who happened to also be white? To me, this is a clear
    violation of equal protection.

    Why ?

    Because without these rather arbitrary ways of dividing people, how on
    earth is a decent fascist ever going to get elected ?

    My guess is that most fascists don't worry too much about elections - they
    just take power.

    --

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  • From RichD@21:1/5 to Rick on Fri Sep 22 22:44:53 2023
    On September 18, Rick wrote:
    A large percentage of whites in this country, maybe a majority,
    have ancestors who came from other countries where they themselves may have been victims of oppression. If I am a white person who escaped from a Communist dictatorship where I was oppressed and I come to this country to get my freedom, how does it make any sense that I should be punished because of crimes committed by white people with whom I have no connection?

    This is a law forum, so let's check a recent case:
    The culture of the reparations mob, in naked form.
    I suggest a stiff shot of Johnny Walker black to brace yourself -

    https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gJKhN2zgJoJVQi1ni3dxcg==

    Use the Find function in your word processor, search for "white".

    Let's call a spade a spade - this is black supremacism and hate.

    --
    Rich

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  • From RichD@21:1/5 to Rick on Fri Sep 22 22:43:49 2023
    On September 18, Rick wrote:
    A large percentage of whites in this country, maybe a majority,
    have ancestors who came from other countries where they themselves may have been victims of oppression. If I am a white person who escaped from a Communist dictatorship where I was oppressed and I come to this country to get my freedom, how does it make any sense that I should be punished because of crimes committed by white people with whom I have no connection?

    This is a law forum, so let's check a recent case:
    The culture of the reparations mob, in naked form.
    I suggest a stiff shot of Johnny Walker black to brace yourself -

    https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gJKhN2zgJoJVQi1ni3dxcg==

    Use the Find function in your word processor, search for "white"

    Let's call a spade a spade - this is black supremacism and hate.

    --
    Rich

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  • From Jethro_uk@21:1/5 to RichD on Sat Sep 23 08:25:25 2023
    On Fri, 22 Sep 2023 22:44:53 -0700, RichD wrote:

    Let's call a spade a spade - this is black supremacism and hate.

    If only Manson were alive to see it ...

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  • From John Levine@21:1/5 to r_delaney2001@yahoo.com on Sun Sep 24 09:04:35 2023
    It appears that RichD <r_delaney2001@yahoo.com> said:
    This is a law forum, so let's check a recent case:
    The culture of the reparations mob, in naked form.
    I suggest a stiff shot of Johnny Walker black to brace yourself -

    https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gJKhN2zgJoJVQi1ni3dxcg==

    Use the Find function in your word processor, search for "white"

    Let's call a spade a spade - this is black supremacism and hate.

    You sent a reference to the initial complaint in a case filed three
    years ago, in which a woman in NYC asserted that she was fired from a
    school job because she was white. Since then the case has been moved
    from state to federal court, and the two sides have been screwing
    around with discovery motions and time extensions, and a request for
    summary judgement filed in June with paperwork last filed in September
    and no substantive rulings.

    The plaintiff's claims are just that, claims. None have been evaluated
    by a court and if the record of this case so far is any indication,
    none will be any time soon.

    Got anything else?
    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From Stuart O. Bronstein@21:1/5 to John Levine on Sun Sep 24 22:00:51 2023
    "John Levine" <johnl@taugh.com> wrote:
    RichD <r_delaney2001@yahoo.com> said:

    This is a law forum, so let's check a recent case:
    The culture of the reparations mob, in naked form.
    I suggest a stiff shot of Johnny Walker black to brace yourself -

    https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gJKhN >>2zgJoJVQi1ni3dxcg==

    Use the Find function in your word processor, search for "white"

    Let's call a spade a spade - this is black supremacism and hate.

    You sent a reference to the initial complaint in a case filed
    three years ago, in which a woman in NYC asserted that she was
    fired from a school job because she was white. Since then the case
    has been moved from state to federal court, and the two sides have
    been screwing around with discovery motions and time extensions,
    and a request for summary judgement filed in June with paperwork
    last filed in September and no substantive rulings.

    The plaintiff's claims are just that, claims. None have been
    evaluated by a court and if the record of this case so far is any
    indication, none will be any time soon.

    Got anything else?

    There have certainly been times when a white person has been denied
    something that he would have gotten if there were no minority
    candidates. But that's not the point.

    The point is that, if there had been no discrimination against
    minorities, and they were fairly represented already, that white
    person likely would not have gotten that appointment anyway.

    But minorities are not fairly represented. So steps are sometimes
    taken to level the playing field.

    Might you be denied something seemingly because you are white?
    Perhaps. But the chances are that you already have more
    opportunites, more assets, more support, than the minority who got
    the opportunity instead of you. Allowing perpetuating racism by
    saying that remedying racism is discrimination against white people
    is simply racism covered by a misleading mask of anti-racism.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From RichD@21:1/5 to Stuart O. Bronstein on Mon Sep 25 17:32:19 2023
    On September 24, Stuart O. Bronstein wrote:
    But minorities are not fairly represented. So steps are sometimes
    taken to level the playing field.
    Might you be denied something seemingly because you are white?
    Perhaps. But the chances are that you already have more
    opportunites, more assets, more support, than the minority who got
    the opportunity instead of you.

    https://www.statista.com/statistics/233324/median-household-income-in-the-united-states-by-race-or-ethnic-group/


    --
    Rich

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  • From RichD@21:1/5 to John Levine on Mon Sep 25 17:28:50 2023
    On September 24, John Levine wrote:
    This is a law forum, so let's check a recent case:
    The culture of the reparations mob, in naked form.
    https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gJKhN2zgJoJVQi1ni3dxcg==
    Use the Find function in your word processor, search for "white"

    You sent a reference to the initial complaint in a case filed three
    years ago, in which a woman in NYC asserted that she was fired from a
    school job because she was white. Since then the case has been moved
    from state to federal court, and the two sides have been screwing
    around with discovery motions and time extensions, and a request for
    summary judgement filed in June with paperwork last filed in September
    and no substantive rulings.
    The plaintiff's claims are just that, claims. None have been evaluated
    by a court and if the record of this case so far is any indication,
    none will be any time soon.
    Got anything else?

    https://ospi.k12.wa.us/sites/default/files/public/socialstudies/pubdocs/Math%20SDS%20ES%20Framework.pdf


    --
    Rich

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  • From John Levine@21:1/5 to All on Mon Sep 25 21:35:03 2023
    According to RichD <r_delaney2001@yahoo.com>:
    Got anything else?

    https://ospi.k12.wa.us/sites/default/files/public/socialstudies/pubdocs/Math%20SDS%20ES%20Framework.pdf

    That is a rather lame response to a real problem. The real problem is
    that disadvanaged ethnic groups do poorly in math, not because they
    can't do it but because they are intimidated. (Girls historically hand
    the same problem relative to boys.) This particular framework was
    quite controversial, deservedly so, and it's not clear how much of it
    actually made it into the curriculum.

    I don't know why but school math teaching has had endless fads. When I
    was a kid it was New Math, in which the goal was to understand the
    principle more than to get the right answer. I recall problems like
    "Mary has five apples, Mary and Jim together have nine apples, how
    many does Jim have?" I think the correct answer was "5 + X = 9" not
    "9 - 5 = X" and certainly not "4". It was fine for me since I already understood it, but it was bad news for kids who never really learned
    long division.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From Rick@21:1/5 to Stuart O. Bronstein on Tue Sep 26 08:14:58 2023
    "Stuart O. Bronstein" wrote in message news:XnsB08977B88AF4Aavocatstuyahoofr@130.133.4.11...

    "John Levine" <johnl@taugh.com> wrote:
    RichD <r_delaney2001@yahoo.com> said:

    This is a law forum, so let's check a recent case:
    The culture of the reparations mob, in naked form.
    I suggest a stiff shot of Johnny Walker black to brace yourself -

    https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=gJKhN >>>2zgJoJVQi1ni3dxcg==

    Use the Find function in your word processor, search for "white"

    Let's call a spade a spade - this is black supremacism and hate.

    You sent a reference to the initial complaint in a case filed
    three years ago, in which a woman in NYC asserted that she was
    fired from a school job because she was white. Since then the case
    has been moved from state to federal court, and the two sides have
    been screwing around with discovery motions and time extensions,
    and a request for summary judgement filed in June with paperwork
    last filed in September and no substantive rulings.

    The plaintiff's claims are just that, claims. None have been
    evaluated by a court and if the record of this case so far is any
    indication, none will be any time soon.

    Got anything else?

    There have certainly been times when a white person has been denied
    something that he would have gotten if there were no minority
    candidates. But that's not the point.

    I think it actually IS the point. The Constitution guarantees equal
    protection under the law, and this is contrary to that.


    The point is that, if there had been no discrimination against
    minorities, and they were fairly represented already, that white
    person likely would not have gotten that appointment anyway.

    But minorities are not fairly represented. So steps are sometimes
    taken to level the playing field.

    Might you be denied something seemingly because you are white?
    Perhaps. But the chances are that you already have more
    opportunites, more assets, more support, than the minority who got
    the opportunity instead of you. Allowing perpetuating racism by
    saying that remedying racism is discrimination against white people
    is simply racism covered by a misleading mask of anti-racism.


    But again, this is just using statistics to talk about the overall characteristics of groups. It does not address specific situations
    involving specific individuals. In the case where the black gets
    preferential treatment over a more qualified white candidate, there is no reason to assume the black was personally a victim or that the more
    qualified white candidate was an oppressor. And even if the black were a victim of discrimination at some point in the past, why punish the more qualified candidate who may never have practiced discrimination in their
    life. That's reverse discrimination and it is even worse because it is
    forced by laws.

    --

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