“Collective guilt, no! Collective responsibility, yes!”

“Collective guilt, no! Collective responsibility, yes!”

The Case for African American Reparations through California’s AB 3121

Introduction.

The Brookings Institution defines reparations as “a system of redress for egregious injustices” (Ray and Perry). Most often, this comes in the form of a government providing cash payments or other financial benefits to victims - or descendents of the victims - who were harmed by government malpractice. In the case of reparations for African Americans, the modern advocates for such reparations argue that the time is due to compensate anyone affected by the historical mistreatment of Black people in the United States: through slavery, Jim Crow, and/or systemic racism. These reparations have been discussed on the federal, state, and local levels. For my paper, I intend to focus on the state level; namely, on California Assembly Bill 3121, or AB 3121.

AB 3121 is the first attempt in the nation to research, and possibly implement, a statewide reparations program for Black Americans. Its importance cannot be overstated. The United States frequently treats African American hardships as regrettable, yet untreatable - or simply as bygone grievances. The reparations movement challenges these complacent notions. AB 3121 advances the idea that African Americans deserve the same apology which has been given to other minority groups persecuted by the American government. The Germans say of Holocaust remembrance: “Collective guilt, no! Collective responsibility, yes!” (Neiman). It is time for the State of California to embrace the same ideals.

I will begin with a look at the national reparations movement, justifying it through two key points: 1) The similarity of African American reparations to reparations programs in the past which were approved, and 2) the need for a large, activist government to protect minority rights. Next, I’ll explain what AB 3121 is in detail, with focus on its reparations sections. Afterwards, I will briefly analyze the history of anti-Blackness in California, particularly the narrow window of 1800 through 1899 (the period which AB 3121’s reparations proposal would cover). I’ll follow with a summary of how reparations would positively impact Black Californians (assuming, of course, that the State of California chooses to enact this part of AB 3121). Lastly, I’ll conclude with a few recommendations for the State going forth from here.

Justifying Reparations.

African American reparations are not without controversy. One prevalent criticism leveled at the movement is the perceived endorsement of ‘reverse racism’; that is, critics argue that spending tax dollars on a single racial group is discriminatory to all other races. Another criticism is ‘government overreach’ - due to the need for a large and activist government to organize, fund, and distribute reparations. Advocates for small government (that is, libertarians and most conservatives) are especially perturbed by the movement. I address these two points below.

An Inter-Racial Mindset.

The idea that reparations are ‘reverse racism’ is not supported by history. In the past, several racial and ethnic groups have successfully petitioned the U.S. government for reparations. These included Japanese Americans, who received $1.5 billion to compensate for their internment during World War II; Native Americans, who have received billions of dollars in monetary and land benefits, for their displacement from native lands; and German Jews affected by the Holocaust, whom the United States supported in their demand for reparations from Germany and Austria (Ray and Perry). In these cases, the United States demonstrated in favor of race or ethnic-specific reparations, if such reparations amend for governmental injustices. I cannot imagine why African American reparations face stiffer opposition than these historical precedents. The suffering our nation perpetuated on its Black population is well-known and extensively documented. Indeed, it should be noted that Japanese and Jewish American organizations are currently among the most enthusiastic supporters of reparations for Black Americans (Brown).

Racial Minorities and the Activist Government.

I do not deny that reparations relies on a large and activist government - easily interpreted by advocates of small government as ‘government overreach.” I am of the mindset, however, that a large, activist government is the only kind of government acceptable in a country which hopes to protect the rights of minority groups from the tyranny of the majority. This applies doubly for the United States, with the history of its white majority’s violence against its Black minority. There is a reason African Americans vote overwhelmingly against small government proponents and comprise only 3% of U.S. libertarians (Lizotte and Warren). As the Black journalist Keli Goff put it: “[Libertarians] possess the naivete...that limited government is a matter of principle, or efficiency - not a matter of life or death” (Goff), as often is for minority groups. Though the U.S. government has abetted racist measures, it was that same government which pushed to abolish slavery and enact Civil Rights legislation - providing relief to Black Americans who often faced far more danger from their white neighbors than any government entity. With this logic, the biggest beneficiaries of small government are white supremacists - who, without the intervention of an activist government, have free reign to trespass upon minority rights. In a situation like this, I can only justify the activist government and all measures it takes to reach racial equity.

About Reparations through AB 3121.

California Assembly Bill 3121 was enacted on September 30, 2020, by Governor Gavin Newsom. AB 3121 set up the “Task Force to Study and Develop Reparation Proposals for African Americans” (often shortened to “Reparations Task Force”, or “Task Force”). As stated by the California Attorney General, it consists of a nine-member team of policymakers, scholars, and lawyers charged with “study[ing]...the institution of slavery and its lingering negative effects on African Americans, including descendents of persons enslaved in the United States, and on society” (“AB 3121: Task Force...”). The team is also responsible for “recommend[ing] appropriate remedies of compensation, rehabilitation, and restitution for African Americans” (AB 3121: Task Force...”). The California Department of Justice is expected to assist with all investigations.

To clarify, AB 3121 does not move beyond the Task Force to implement any legislation. It merely establishes the research group, which informs the State of California on how it could best design policies which uplift the Californian Black population. The execution of the Task Force’s suggestions requires the initiative of the State Legislature and the Governor through the regular legislative process. The Task Force is not responsible for more than an interim report (released on June 1, 2022) and a final report (released before July 1, 2023) (“AB 3121: Task Force...”).

AB 3121 extends beyond reparations. However, I would like to focus on this singular issue, as it is one of the most actionable items listed in the Task Force’s report. Bear in mind, the Task Force voted in March 2022 to limit reparations to Black descendants of African Americans who lived on U.S. soil prior to the 20th century. This excludes the descendents of more recent Black and/or African immigrants, who would not have arrived in the U.S. due to slavery or been under threat of enslavement (Har). I operate under the assumption that California will implement reparations in the manner currently proposed.

Anti-Blackness in California (1800-1899).

AB 3121 cannot be further discussed without background information on California’s history of anti-Black racism. The Reparations Task Force’s own interim report provides a good overview of the State’s practices in the period before 1900. The report found that “National patterns [were] replicated in California” (“2022 - AB3121...Executive Summary”), and attorney Donald K. Tamaki (the only non-Black member of the Task Force), summed up those patterns thusly: “246 years of enslavement, 90 years of Jim Crow, and decades more of exclusion, racial terror and discrimination” (Taguma). Below, I relay some of the practices explored in the interim report. Though hardly an exhaustive list, it puts AB 3121 in perspective.

1. Enslavement: California joined the Union as a free state in 1850. However, its ‘free’ status was nominal. As the report states: “Pro-slavery white southerners held a great deal of [political] power...Some scholars estimate that up to 1,500 enslaved African Americans lived in California in 1852”, often in poor and abusive conditions. California also enacted a fugitive slave law harsher than the federal requirement.

2. Racial Terror: California hosted numerous Ku Klux Klan chapters, albeit in the very late part of the 19th century. KKK members held leadership roles in local governments and police departments - perpetuating racial terror through murder, lynchings, and more.

3. Political Disenfranchisement: California banned Black men from voting until 1879. The state then passed voter suppression laws, supporting literacy tests, poll taxes, and more. It also barred non-white persons from testifying in court cases which involved whites.

4. Housing Discrimination: Government at all levels encouraged housing segregation “through redlining, zoning ordinances...and discriminatory mortgage policies.” African Americans were banned from certain towns or neighborhoods.

5. Separate and Unequal Education: In 1874, the California Supreme Court ruled in favor of “separate but equal” segregation in public schools. This was more than two decades before the U.S. Supreme Court ruled the same  “2022 - AB3121...Executive Summary”).

Scholars agree that the overt racism of the 19th century has led directly to contemporary systemic racism against Black Californians. The interim report goes on to survey this, looking at modern issues such as wealth inequality, police brutality, mass incarceration, and disparities in education, health, homeownership, and more. In all of these areas, Black Californians face significant disadvantages compared to their white and Asian counterparts (“2022 - AB3121...Key Findings”).

Impact of Reparations through AB 3121.

Because AB 3121 is only a preliminary measure towards reparations, and the Task Force is still in the midst of its work, no one can predict with certainty how California will accomplish reparations. Nor can we know the ultimate impact AB 3121 will have on African Americans. However, the Task Force estimates a bright outcome. Economist William Darity has calculated that of California’s 2.6 million Black residents, some 80% should qualify for reparations
(Kalish). The form of these reparations is debatable, but options put forth include direct cash payments, land transfers, baby bonds, and/or investments in Black-owned businesses (Kalish).

Additionally, Task Force chairperson Kamilah Moore has suggested the creation of a ‘reparations tribunal’, where Black Californians who’ve suffered instances of systemic racism (ie. police brutality, redlining) could file claims and petition for financial redress (Kalish). In the end, however reparations materialize, it’s indisputable that the great majority of Black Californians could only benefit from AB 3121 and its ensuing legislation. Even if reparations fail to completely dissolve systemic racism, they would, at minimum, acknowledge the State’s past treatment of African Americans as the crimes that they were, and deal at least some degree of justice.

Conclusion.

As a strong adherent to the African American reparations movement, I can only support California Assembly Bill 3121 and the reparations proposals outlined by its Reparations Task Force. I recommend that the State of California delve  further into how these proposals could be made reality. (For example: determining how Black descendents could prove their ancestry; locating a sustainable source of funding; and deciding on a system upon which reparations could be distributed in a timely and trackable manner). Future questions aside, it’s clear that this is a step in the right direction - not only for California, but also for the rest of America. Should the integrity of the bill make it through the legislative process, then California will have approved the first statewide reparations program, and we will have achieved true justice.

Works Cited

2022 - AB3121 Interim Report Executive Summary. State of California Department of Justice -
Office of the Attorney General, 1 June 2022,
https://oag.ca.gov/system/files/media/ab3121-interim-report-executive-summary-2022.pd
f.

2022 - AB3121 Interim Report Key Findings. State of California Department of Justice - Office
of the Attorney General, 1 June 2022,
https://oag.ca.gov/system/files/media/ab3121-interim-report-key-findings-2022.pdf.

“AB 3121: Task Force to Study and Develop Reparation Proposals for African Americans.” Rob
Bonta, Attorney General, State of California Department of Justice - Office of the
Attorney General, 19 Nov. 2022, https://oag.ca.gov/ab3121.

Brown, Maya. Jewish and Japanese American Groups among Growing Multiracial Effort
Calling for Reparations for Black Americans. Cable News Network, 26 Feb. 2022.

Goff, Keli. Why Blacks Aren't Libertarians. The Daily Beast Company, 14 Apr. 2017.

Har, Janie. Historic California Report on Systemic Racism in Law and Policy Hailed by Slave
Reparations Advocates. Public Broadcasting Service, 2 June 2022.

Kalish, Lil. California's Reparations Task Force Explained. CalMatters, 13 Apr. 2022.

Lizotte, Mary‐Kate, and Thomas Warren. “Understanding the Appeal of Libertarianism: Gender
and Race Differences in the Endorsement of Libertarian Principles.” Analyses of Social Issues and Public Policy, vol. 21, no. 1, 26 Feb. 2021, pp. 640–659., https://doi.org/10.1111/asap.12237.

Neiman, Susan. Dare We Compare American Slavery to the Holocaust?: Aeon Essays. Aeon
Magazine, 12 Aug. 2013..

Ray, Rashawn, and Andre M. Perry. Why We Need Reparations for Black Americans. Brookings
Institution, 15 Apr. 2020.

Taguma, Kenji G. On Black Reparations: Attorney Donald K. Tamaki. Nichi Bei Foundation, 2
Mar. 2023.