Beyond Unconstitutionality: A Reflection to RFK Jr.’s Response on Reparations

Robert F. Kennedy Jr. enters the 2024 presidential race carrying the weight of an iconic political legacy. As the son of the late Senator Robert F. Kennedy and the nephew of former President John F. Kennedy, Kennedy Jr. has spent over three decades in public service working to advance the ideals that have defined his father and uncle's tragically shortlived tenures.

Kennedy Jr.'s campaign, reflecting his career in environmental activism and non-profit leadership, aims to reconcile America's divided present by learning from its past. He emphasizes work not centered on guilt and blame but on fostering a community conscience. Kennedy Jr. stresses that the civil rights movement's victories in the 1960s, while monumental, helped to shift the conditions of Black people in America, but there is still more work to do. On his presidential campaign site, he notes his desire to work through the Civil Rights movement's legacy in his campaign. While acknowledging the explicit harm and unique racism experienced by the Black community, Kennedy Jr. noted in his Target Community Repair section:

Communities that were specifically targeted for destruction need to be specifically targeted for repair. During Jim Crow, Black banks, businesses, hospitals, schools, and farms were targeted for destruction. Racists knew that without these, the Black community had no chance of building wealth. We must set federal dollars aside to rebuild Black infrastructure.

Targeted Community Repair will be available to devastated communities across the country, not just Black. The criteria will be around need, not skin color. However, because there are so many Black communities in need, this program will channel significant resources toward the rebuilding of these most devastated of communities.

Upon examining the campaign site, I noticed a familiar pattern in political rhetoric. While the RFK Jr. presidential campaign site recognizes the enduring legacy of racism in America and its profound impact on Black communities, there seems to be a subtle yet pervasive reluctance to concentrate exclusively on the unique socio-political needs of these Black people. This hesitation is not new to him or any candidate rather, it is often reflected in the language used by politicians who, despite acknowledging Black Americans' specific challenges, seem hesitant to commit to solutions solely focused on addressing these issues due to concerns about political inclusivity or needing to have a broader appeal as a political candidate.

Leaning into broader appeal, which we’ve seen in politicians over time, can inadvertently contribute to a lack of targeted, effective policies that directly address the deep-seated and distinct challenges Black communities encounter. More specifically, as a Black woman, I️ know that the reluctance to be Black-specific doesn’t create the policies we need to heal generational harm properly.

As a result, there is always a reluctance to focus on Black.

The phrase 'not just Black' on his campaign site suggests a reluctance to fully uplift a community that has yet to receive full redress for the pro-racist, anti-Black, and race-specific policies that have deepened the divide in access to opportunities for Black people.

On November 7, 2023, Kennedy Jr. joined the popular podcast and media platform “Earn Your Leisure (EYL)” for an in-depth interview on his vision for shared prosperity and bridging racial divides. When asked about his stance on reparations for Black Americans, Kennedy Jr. expressed strong skepticism about the viability and constitutionality of race-based reparations for Black Americans. In the video, which can be viewed here, Kennedy states:

Yes, you know, I understand the moral argument for reparations. I think race-based reparations are very, very obviously unconstitutional.

You can make a very strong moral case for that. You know, and I grew up in a Jim Crow state, but you can’t, you can't do race base.

Supreme Court decision in the Harvard case, oh I, you know, my approach to economic development in black communities I think is more comprehensive than that and less unconstitutional," he explained. "I've worked for 35 years as on the board of directors of Bedford. Stuyvesant restoration, which is the oldest community development corporation. My father started in our country in one of the poorest black neighborhoods in America," he recounted.

While trying to explain his view on reparations being unconstitutional, he seemed to lean further into discussing economic empowerment and development when asked about his thoughts on reparations for Black Americans. Like most politicians directly asked about reparations, Kennedy focused on issues like lack of homeownership, equity, and access to capital in Black communities. His comments touched on broader economic issues like schools, mentorships, and business knowledge. At one point, the EYL interviewer had to re-steer him back to directly answering about reparations.

Kennedy Jr. seemed more engaged and animated when discussing alternative economic development policies and initiatives. This may suggest his views are less defined by legal questions but rather by a general preference for empowerment programs over direct reparations. For me, as a Black American, the conversation was cringeworthy and an old-age repetitive answer to deflect from what the needs are.

While some argue that race-based policies like reparations are unconstitutional or divisive, such targeted measures are essential to remedy race-based injustices. America has a long history of implementing systems and procedures designed to oppress communities of color, specifically Black Americans. From centuries of slavery to 90 years of Jim Crow segregation to redlining and mass incarceration, state-sanctioned racial discrimination has spanned generations and manifests clearly in current-day disparities.

Race-neutral policies alone are not doing enough to undo such concentrated race-based harm. By accounting for the Black experience in America, initiatives like reparations and investment in communities harmed by racist policies aim to close gaps and opportunities that racist legacies created. As long as measurable gaps resulting directly from racist policies persist, race-mindful remedies aimed at those still shouldering the burden remain prudent and just.

The sentiment we see of politicians who do not want to be perceived as a politician for Black people but rather for all people reflects a common political stance aiming for universal appeal. However, this perspective often overlooks a crucial principle: by focusing on and uplifting the most marginalized communities, like Black Americans, everyone benefits. This approach, known as 'targeted universalism,' suggests that policies designed to help those at the most significant disadvantage can create ripple effects that improve society.

I caution politicians who shy away from meaningful policy targeted at assisting Black communities. America's long history of race-based state-sanctioned discrimination and terror against Black citizens cannot be remedied with race-neutral half-measures. The singular injustice perpetrated against Black people in America merits direct redress. Politicians must confront how racist policies caused present-day disparities. Any politician hoping to seriously contend for leadership of this diverse nation should deeply engage with the policy prescriptions put forth by Black advocates and scholars.

Voters concerned with racial justice should probe any candidate unwilling to endorse and prioritize policies like reparations and investments in communities built by formerly enslaved laborers and ravaged by state-abetted channels of discrimination.

Decades of economic empowerment policies for Black people have led us here:

  1. On average, Black and Hispanic or Latino households in the U.S. earn about half as much as White households and own only about 15 to 20 percent as much net wealth. This wealth gap has notably widened over the past few decades​​.

  2. White households hold 86.8 percent of the overall wealth in the U.S., even though they account for only 68.1 percent of the households. By contrast, Black and Hispanic households hold only 2.9 and 2.8 percent of the nation's wealth, respectively, while comprising 15.6 percent and 10.9 percent of the U.S. population, respectively​​.

  3. The average Black household in the top quartile of wealth would have over twice the amount of wealth under a racial equality scenario than they currently do. This illustrates the significant impact that racial inequality has on wealth accumulation among Black Americans​​.

  4. In 2022, the Black homeownership rate was about 45 percent, only slightly higher than it was at the time of the passage of the 1968 Fair Housing Act. The disparity in homeownership rates between Black and White Americans has increased over the past half-century, with nearly a 30 percentage point difference in 2022​​.

  5. The median net worth of White households is significantly higher than that of Black families. White households have a median net worth of $250,400 compared to $24,520 for Black families, indicating a substantial wealth gap influenced by historical factors like discriminatory housing policies​​.

The stark and persistent wealth inequality impacting Black Americans, as highlighted by these facts, calls for immediate and substantial policy interventions. The persistent failure of existing economic policies to close the racial wealth gap suggests a need for more dynamic, impactful approaches. Addressing the deep-rooted consequences of anti-Black racism with the urgency it deserves is crucial. Without this, we risk continuing the same detrimental cycles that have historically hindered Black economic progress and allowed the racial wealth chasm to widen. It's essential to implement strategies that can make significant and rapid improvements in bridging this divide.

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