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32. Hispanic is a racial term under the 1866 and 1871 Civil Rights Acts

Last edited Tue Mar 20, 2012, 10:24 PM - Edit history (1)

In the 1800s the terms "Race" was broader then it is today, the term "Race" was not restricted to people of the three generally recognized "Races" of today (Caucasians, Negroid and Mongolian) but the Term "Race" also included sub-categories, such as "Slavs", "Semites", "Greeks", "Italians", "Teutonic" "Aryans" (The term "Aryan" has been replaced by the tern "Indo-European" in most context, for "Race" and "language" are deeply interconnected). Even "Jews" were considered separate race at that time period (When the Term "Jew" was used as a national identity as opposes to a religion).

The Courts have long recognized that the Term "Race" as used in the Post Civil War Constitutional Amendments and the 1866 and 1871 Civil Rights Acts meant included what we now call "National Origin" (A term used in the 1964 Civil Rights act do to the change in the generally accepted definition of the term "Race" as the term "Race" was used in the post WWII era).

Hispanic is thus included as a "Race" under the above Constitutional Amendments and acts of Congress. In fact the wording of the 13 th amendment to include the term "Involuntary Servitude" was to outlaw peonage, which still existed in the Hispanic Communities of New Mexico in 1865.

The 13th Amendment

“Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Do to this history of the term "Race" to say that the term "Hispanic" is not a racial term is NOT true, the US Courts have long used the term "Hispanic" as a racial term for that is how it was used in the 1860s when the 13th, 14th and 15th amendments and the 1866 and 1871 Civil Rights Acts were passed