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Open Letter to Governor of California: Reparations are illegal

Posted on | May 3, 2023 | 16 Comments

Dr. Orly Taitz, ESQ

President of the Defend Our Freedoms Foundation

29839 Santa Margarita pkwy, ste 100

Rancho Santa Margarita, CA 92688

ph 949 683 5411 fax 949 766 7603

orly.taitz@hushmail.com

OPEN LETTER TO GOVERNOR OF THE STATE OF CALIFORNIA

  1. GAVIN NEWSOM

Re: lack of legality of proposed reparations to black residents of California

Dear Governor Newsom,

It was reported yesterday that a slave reparations panel is recommending a $1.2 million to be given to every black resident of the state of California and down payment of some estimated  $100,000 to be given immediately. (Exhibit 1)

As a California licensed attorney and the President of the Defend Our Freedoms foundation I would like to warn you that there is no legal basis for such reparations and should you sign off on such reparations, multimillion legal challenges will likely be filed and granted by the courts, not mentioning enormous burden of estimated $800 billion, nearly 3 times the state budget, that these reparations will create. I would like to remind you that the state of California cannot print money as the federal government does, and this will lead to the bankruptcy of the state.

  1. Firstly, I would like to draw your attention to the fact that there is no law in the California constitution that allows reparations. All of the expenditures of the state are previously approved by the voters. The state is allowed to spend moneys for the general welfare, such as providing roads and bridges, building water reservoirs in the state that is lacking water and so on. If the California legislature and you as a governor want to pay reparations, this has to be put to a vote as a ballot measure, to be approved by the voters.
  2. The state of California was never a slave owning state and as such there is no legal basis to requiring the citizens of the state of California to pay for the slavery that never happened in California.
  3. There isn’t one single person alive today in the state of California who was a slave.
  4. The numbers proposed by the panel of $1.2 million are bogus, with no connection to reality. I draw your attention to Exhibit 2, an article on average inheritance in US by Lee Williams https://www.annuity.org/retirement/estate-planning/average-inheritance/

The article shows that an average inheritance in the US is $46,200. So it shows that $1.2 million is an absolutely bogus number pulled out of thin air. The thinking behind the reparations is that slaves worked and were not compensated, so moneys are owed. However, besides the fact that there were never any slaves in California, an average inheritance Californians get from all sources amounts to $46,200, not $1.2 million. Moreover, this average includes inheritance of people who are descendants of generations of doctors, lawyers, business people, industrialists and so on. In the states where there was slavery, not in California, the slaves worked as domestic workers and farm workers, next to white domestic  and farm workers, who were receiving a very modest salary, which barely covered their living expenses and they could not leave any inheritance at all. So, white people, who worked comparable jobs in slave owning states did not leave any inheritance to their descendants as well.

  1. Currently, we are seeing a phenomenon, a fad, where men claim that they identify as women, compete in women’s sports and take away from women scholarships to top universities and prize money. I assure you that for $1.2 million a pop, every white, Hispanic, Asian  and Native American citizen of California will claim to identify as black and will demand $1.2 million. If giving $1.2 million to every black Californian will not bankrupt the state, this surely will. This highlights the complete idiocy of the current proposal.

Based on all of the above, I urge to reject the proposed reparations.

Respectfully,    /s/ Dr. Orly Taitz, ESQ

05.03.2023

Exhibit 1

 

Give Black Californians Slavery Reparation ‘Down Payment’ as Soon as Possible, Task Force Says

Sarah Reingewirtz/MediaNews Group/Los Angeles Daily News via Getty Images

PETER CADDLE

3 May 2023207

2:46

Black residents of California should be given a slavery reparation “down payment” as soon as possible, a slavery task force has told the state.

California should aim to hand out a reparation “down payment” to its black residents as soon as possible, Gov. Gavin Newsom’s (D) state task force has now recommended.

Started in the wake of the 2020 Black Lives Matter movement, the slavery reparation panel has been tasked with figuring out exactly how much California — which joined the Union as a free state in 1850 — owes its black residents, with estimates previously rising as high as $800 billion, nearly three times the state’s total annual budget.

According to a report by Fox News, the  panel has now told the California government that it could take a significant length of time for the state to figure out exactly how much it owes each black resident, with the body as such recommending that it give each affected individual a reparation “down payment” as it figures out exactly how much the African-American population is owed.

“Given that the process of calculating the amount of some of the losses and determining the methods and structure for issuing payments could involve a lengthy process, the task force further recommends that the legislature make a ‘down payment’ with an immediate disbursement of a meaningful amount of funds to each member of the eligible class,” one document penned by the panel reportedly recommended.

The panel went on the emphasise that while such a down payment should be “substantial”, it had to recommend only the “beginning” of reparation payments to black residents of the state, with more steps being needed in “redressing the economic and societal harm of historical injustices”.

Estimates for how much the state owed African residents for each different type of historic inequality were also suggested, with the panel giving the figure of $2,352 per person per year of residence for “over-policing” of black neighbourhoods, $3,366 per person per year of residence for “discriminatory lending and zoning”, $13,619 per person per year of residence over “discrimination” regarding health, and $77,000 per person for Black-owned business losses and devaluations.

California should also, according to the panel, issue a formal apology to black residents for slavery — which was never historically allowed in the state since it joined the union in 1850 — and racism.

Follow Peter Caddle on Twitter: @Peter_Caddle

 

Exhibit 2

 

Average Inheritance and 5 Tips for Leaving One to an Heir

https://www.annuity.org/retirement/estate-planning/average-inheritance/

Will you be leaving the average inheritance for your heirs? Have you considered the best way to leave one? The guide below will help you use — and give — your money in an inheritance as wisely as possible.

  • Edited By

Lee Williams

 FACT CHECKED

For many, receiving an inheritance can seem like a dream come true. Giving an inheritance, on the other hand, can be a less-than-thrilling experience if not done carefully.

One study by Ameriprise Financial found that while 83% of people want to leave an inheritance, only 64% feel they are on track to do so. This is potentially due to the enormity of the task. There’s not only pressure of leaving an above-average inheritance for your heirs, but also the uncertainty of what you should leave for different people.

This guide will walk you through the average inheritance, tips for leaving one and how to know when it’s the right time to pass along your assets.

Key Findings:

  • The average inheritance in the U.S. between 2016 to 2019 was $46,200.
  • Inheritance from parents with a college degree is over $10,000 greater than an inheritance from parents without a degree.
  • Only inherited estates over $11,700,000 are subject to an estate tax, but inheritors may be responsible for paying a gift tax for anything over $15,000.

Source: Survey of Consumer Finances

Advertisement

Average Inheritance in the U.S.

The average inheritance from parents, grandparents or other benefactors in the U.S. is roughly $46,200, also according to the Survey of Consumer Finances. The average for the most wealthy 1% reaches upwards of $719,000, while the average for the next 9% experiences a steep decline at $174,200.

  • Average inheritance: $46,200
  • Average expected inheritance: $72,200

Aside from the average inheritance, data from the Federal Reserve also highlights key differences in the median inheritance among race and ethnic groups:

  • Median inheritance among white families: $88,500
  • Median inheritance among Black families: $85,800
  • Median inheritance among Hispanic families: $52,200

Accumulated data from the Organisation for Economic Cooperation and Development shows that inherited wealth in the U.S. has accounted for roughly 50% to 60% of private wealth since the early 1900s.

Inheritance From Parents

According to the most recent data available from the Federal Reserve, the average inheritance received from parents with a college degree was $92,700 from 2016 to 2019. This number is $16,500 more than an average inheritance received from parents without a degree.

Similarly, children of parents with a degree are also two times more likely to expect an inheritance. Only 9.5% of individuals who have parents without a college degree expect an inheritance, while 23.6% of individuals who have parents with a degree expect to receive assets passed down to them.

Taxes From Inheritance

Depending on the type of inheritance, the required taxes vary. For example, most of the time heirs aren’t required to file an estate tax return upon inheriting an estate. The federal estate tax exemption is $12,060,000 in 2022, according to the Internal Revenue Service (IRS).

While inheritors may not be subject to an estate tax, you’ll likely have to pay some form of gift tax. In 2022, the annual exclusion is $16,000 per recipient, which is a $1,000 increase from 2021.

If you’re unsure what your inheritance tax will look like, talk with a financial advisor or another financial professional who can give you a better idea of what to expect.

What Is Considered a Large Inheritance?

There are varying sizes of inheritances, but a general rule of thumb is $100,000 or more is considered a large inheritance. Receiving such a substantial sum of money can potentially feel intimidating, particularly if you’ve never previously had to manage that kind of money.

Before spending it on a new sports car or vacation home, consider how you can make the most of your inheritance. You may decide to spend it on these items, but you should sit down with a financial advisor to go over your options and make a plan before making any quick choices.

An advisor can help you understand how much you should invest, put away in savings and spend freely. They can also advise you on whether purchasing an annuity for guaranteed income in the future is a good option for you.

Join Thousands of Other Personal Finance Enthusiasts

Because missing out on important news and updates could cost you.

Interesting follow up discussion

Sam Brentwood My reading of the CA Constitution is that reparations are not “illegal” and certainly not in the same of being criminal. There are of course matters of getting tax increases approved but that’s entirely separate. As for whether reparations are appropriate, it’s complicated. While CA was not a slave state, there are obviously many descendants of slaves who live there and so if reparations are justified there’s the question of who should pay. Perhaps it’s a federal matter because no one State can be equitably hit with the cost. While there are no surviving slaves, there were similar discussions in post-war Germany. Were reparations required? Why should the cost fall on all Germans? And with time, why should people not even born at the time be made to pay. Also in the West Indies where reparations are being debated. Should they be financial compensation, or perhaps investments in infrastructure and improved education?

Response from Orly

Reparations are debated, however no state paid reparations to the descendants. Germany paid only to people who suffered themselves, people who were in the concentration camps. You conveniently used the word “debate”, not paid. Further, you did not show that the reparations are allowed anywhere in CA constitution. As I said, this is something that CA will have to put to a vote and I do not believe that the voters and tax payers of the state will vote to drastically pay more in taxes in a state that already taxes them more than any other state in the nation in order to pay every black resident $1.2 million each. More over, blacks from all over the country and all over the world will flock to CA to get $1.2 million a pop. First and foremost CA needs to go back to in-person voting, as I believe there are thousands of bogus ballots. This will flush out idiots sitting in Sacramento and coming up with insane ideas like this

Comments

16 Responses to “Open Letter to Governor of California: Reparations are illegal”

  1. Sam Brentwood
    May 4th, 2023 @ 9:12 am

    My reading of the CA Constitution is that reparations are not “illegal” and certainly not in the same of being criminal. There are of course matters of getting tax increases approved but that’s entirely separate. As for whether reparations are appropriate, it’s complicated. While CA was not a slave state, there are obviously many descendants of slaves who live there and so if reparations are justified there’s the question of who should pay. Perhaps it’s a federal matter because no one State can be equitably hit with the cost. While there are no surviving slaves, there were similar discussions in post-war Germany. Were reparations required? Why should the cost fall on all Germans? And with time, why should people not even born at the time be made to pay. Also in the West Indies where reparations are being debated. Should they be financial compensation, or perhaps investments in infrastructure and improved education?

  2. dr_taitz@yahoo.com
    May 4th, 2023 @ 12:01 pm

    Reparations are debated, however no state paid reparations to the descendants. Germany paid only to people who suffered themselves, people who were in the concentration camps. You conveniently used the word “debated” not paid. Further, you did not show that the reparations are allowed anywhere in CA constitution. As I said, this is something that CA will have to put to a vote, and I do not believe that the voters and taxpayers of the state will vote to drastically pay more in taxes in a state that already taxes them more than any other state in the nation in order to pay every black resident $1.2 million each. Moreover, blacks from all over the country and all over the world will flock to CA to get $1.2 million a pop. First and foremost, CA needs to go back to in-person voting, as I believe there are thousands of bogus ballots. This will flush out idiots sitting in Sacramento and coming up with insane ideas like this.

  3. Sam Brentwood
    May 5th, 2023 @ 8:15 am

    It may be an insane idea but it’s not illegal. Whether it could be funded is another matter because of limits on tax increases, but it is open to the legislature to go this route.

  4. KBB
    May 6th, 2023 @ 11:51 pm

    Dr. Orly, thank you for the very good letter you wrote to our crazy Gov. Nuisance. Perhaps Sam would like to pay reparations – and no one is stopping him, so I suggest he go for it – but I certainly don’t. It’s like libs who want a law passed for everyone to pay more taxes. Well, they are free to send their money to anyone they wish. They don’t have to have a law in order to do so. In the meantime, thank you for looking out for us.

  5. taino21
    May 7th, 2023 @ 10:27 am

    According to Thomas Sowell, and I will go with his wisdom, Africa owned more white slaves during those times than all the black slaves it sent to the New World. https://www.youtube.com/watch?v=_lYAirsk0tk
    When are blacks going to start paying reparations to white people?

  6. Sam Brentwood
    May 7th, 2023 @ 7:23 pm

    Actually, he didn’t. What he referred to was slavery in the Ottoman Empire. So that claim us untrue. As is the Gateway Pundit claim elsewhere on this site that the average sentence for murder is only six years. And it’s not a mistake because the minimum in all states is at least 25 years to life. vMw4

  7. Captain
    May 8th, 2023 @ 12:36 pm

    Also —

    1. Will all of the federal welfare and state welfare payments given to Blacks – to include free and subsidized housing, food stamps, free healthcare and dental, free ‘First 5’ preschool payments, free school lunches, etc. be subtracted from the reparation total amount?

    2. What about subtractions for affirmative action benefits? Such as being hired for being Black and firing white people to be more ‘diverse’.

    3. What about reparations for the Northern Union soldiers that died or were seriously maimed fighting to end slavery in Civil War?

  8. taino21
    May 8th, 2023 @ 12:56 pm

    Sam, I’ve been listening to Mr. Sowell for years and I will rather rely on his expertise than on yours. Did you know Africans were not the first slaves coming to America?

  9. Sam Brentwood
    May 8th, 2023 @ 8:06 pm

    Indeed Taino, but he didn’t say what you think he did. He said that white slaves were kept by the Ottoman Empire, not in Africa. And how does it help your argument to say that there were slaves here before the Blacks?

  10. Captain
    May 8th, 2023 @ 9:33 pm

    Sam, you must not read a lot of news — or your sources are all leftist or deep state propaganda.

    Leftist judges ignore minimums for ‘special groups of people’ these days. Judges never get in trouble for breaking the rules.. No consequences for bad behavior.

  11. Sam Brentwood
    May 10th, 2023 @ 8:32 am

    I’m not sure what you’re trying to say Captain. This has nothing to do with news or leftist judges. Taino incorrectly reported what he thinks Sowell said about slaves. But as regards bad behavior judges – very true. In any other country Clarence Thomas would be fire for accepting money from a donor.

  12. taino21
    May 11th, 2023 @ 9:05 am

    According to PBS, one of Sam’s own,
    https://www.pbs.org/wnet/african-americans-many-rivers-to-cross/history/how-many-slaves-landed-in-the-us/
    “The most comprehensive analysis of shipping records over the course of the slave trade is the Trans-Atlantic Slave Trade Database, edited by professors David Eltis and David Richardson. (While the editors are careful to say that all of their figures are estimates, I believe that they are the best estimates that we have, the proverbial “gold standard” in the field of the study of the slave trade.) Between 1525 and 1866, in the entire history of the slave trade to the New World, according to the Trans-Atlantic Slave Trade Database, 12.5 million Africans were shipped to the New World. 10.7 million survived the dreaded Middle Passage, disembarking in North America, the Caribbean and South America.

    And how many of these 10.7 million Africans were shipped directly to North America? Only about 388,000. That’s right: a tiny percentage.

  13. Sam Brentwood
    May 12th, 2023 @ 1:02 pm

    Do I support PBS? Absolutely. The only quality programming in this. Most of the rest is pitiful and wouldn’t be allowed in most civilized countries. But the issue here is the principle of reparations. Not numbers. And there is a growing acceptance of the need to try and deal with some of the legacy of the slave trade. Personally I’m not in favor of cash handouts. There are better ways forward, including investments in education, and family support. Doing nothing, though, is not really an option and will only protract America’s race problem. Some people have a vested interest in that. When did Gateway Pundit publish a story about a white thug? You can’t remember, right? So no, handing out a $1 million or more to each living descendant of slaves isn’t the way to go.

  14. taino21
    May 13th, 2023 @ 8:04 am

    Oh, Sam! Now that you are proven wrong, now is the issue of reparations? Again! When are blacks going to pay reparations to whites? By the way I’m not white, I’m just using your side’s logic. Who is going to pay for reparations Sam? My people had nothing to do with slavery, why should I and my descendants have to pay for something we did not participate in? How can you prove you are a descendant of slavery? Just because your skin color? My people were already being enslaved 283 years before Africans arrived to these parts of the world. Are we going to be given reparations also? Remember, your country invaded Puerto Rico in 1898 and we could argue we were enslaved by your people.

    Sam, we have squandered trillions of dollars on an education system that has failed the American public. Since FDR and his friends the communists/socialist began taking over our education system instead of going forward we are going backwards. A once great nation on innovations and discoveries we are turning to be the butt joke of the world, where minor children are more adept to explain the intricacies of homosexualism than been able to ad 2+2 or know their own history or basics in science. You want to blame someone for that, don’t blame it on white people, blame it on the corrupt politicians and judges turning generations of uneducated buffoons!

  15. Sam Brentwood
    May 14th, 2023 @ 8:58 am

    Actually, I’m not wrong and we don’t really disagree. I’m not in favor of cash reparations.

  16. Dori
    May 14th, 2023 @ 2:19 pm

    I’m for reparations just like the reparations given to Japanese/Americans. So all the black Africans who have provable ancestors from Africa and who were slaves in America, raise your hands. Any takers? The Japanese who qualified for reparations because they were sent to internment camps during WW11 had to be alive at the time and if they weren’t, the $20,000 went to their children who were still alive. Any takers? Of course not. Slavery ended in America hundreds of years ago.

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