Wednesday, March 25, 2020

Tsesis on Confederate Monuments and the 13th Amendment

Statute, Florence, AL (LC)
Alexander Tsesis, Loyola University Chicago School of Law, has posted Confederate Monuments as Badges of Slavery, which is forthcoming in the Kentucky Law Journal:
This Essay develops a Thirteenth Amendment theory supporting the removal of Confederate symbols from government properties. It argues that such monuments to the Lost Cause are badges of slavery that should have no place in public squares.

The Essay discusses how white supremacist groups, such as those who participated in the 2017 Unite the Right March in Charlottesville, affectively draw together around monuments honoring leaders and soldiers who fought for the cause of slavery. Relying on the Thirteenth Amendment’s principles of freedom, states and municipalities can and should eliminate those monuments from their properties. Such policy initiatives communicate government’s disapproval of secession’s racist premises and advance the nation’s commitment to equal liberty untainted by the Confederacy’s peculiar institution.
--Dan Ernst