In his concurrence with the Supreme Court’s decision to strike down affirmative action, Justice Clarence Thomas presents an absurd and perplexing argument. He suggests that the term “freedmen” used in the 1866 Freedmen’s Bureau Act was a “formally race-neutral category” and an “underinclusive proxy for race.” Thomas uses this argument to claim that the Fourteenth Amendment does not authorize race-conscious efforts to address racial inequality.
However, this interpretation is clearly incorrect. American slavery was not a race-neutral institution, and the term “freedmen” was widely understood as a synonym for Black people. Historians and experts have shown that the lawmakers who passed the Freedmen’s Bureau Acts intended to protect the rights of Black people in the South, regardless of their prior enslavement. They specifically saw their efforts as race-conscious measures to promote equality.
Republican lawmakers in the 1860s recognized the association between race and slavery, and they believed that targeted aid to Black people was essential for equal rights. Their opposition, on the other hand, argued against such efforts, viewing them as favoring a particular class. The historical record clearly demonstrates the lawmakers’ intentions and their understanding that “freedmen” referred to Black individuals.
Justice Thomas’s attempt to dismiss the racial implications of the term “freedmen” ignores the historical context and the mutually reinforcing relationship between race and status at that time. It is evident that the lawmakers saw “freedmen” as a racial category, and their aim was to uplift and empower Black individuals. Their efforts were not based on modern liberal sensitivities but rather rooted in the dynamics of their era.
It is important to recognize that the Fourteenth Amendment was intended to dismantle racial oppression and create a more equitable society. The authors of the amendment sought to address the racially oppressive labor caste system that had been in place, and they understood the significance of race in their mission.
In conclusion, Justice Thomas’s argument regarding the term “freedmen” is flawed and does not align with historical evidence. The lawmakers of the time clearly intended for the Freedmen’s Bureau Acts to benefit Black people, and they saw racial consciousness as crucial to achieving equal rights. It is essential to consider the historical context and the intentions of these lawmakers when interpreting the Fourteenth Amendment.
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