I don't think you've actually stated the fundamental principle in question.
Meanwhile, the ERA and EEA have basically everything to do with American history. We tried letting people self-organize into not being racist and misogynistic (and later, homophobic). They did not. And because denying people an opportunity to work or own property or start a business based on race (or, for that matter, gender or sexual orientation) is counter to the principles of equality America pursues, we tied the right to own a corporation to respecting those principles. America has never recognized a "right to incorporate," or a "right to be one's own boss;" it's neither enshrined in the Constitution nor mentioned in the Declaration of Independence (you could loosely lump it under "pursue happiness," but there's plenty of things in that category that aren't fundamental rights, so it' a weak justification at best).
(Law of averages: there were outlier cases of local areas where black people experienced more equitable treatment. Tulsa Oklahoma, until the white folk in town burned down the black businesses. But on average, black people could expect to be treated worse than white people in business opportunities, discriminated against taking out loans to start their own companies, and discriminated against in employment. For answers to "Why didn't they just form their own businesses / fix the situation amongst themselves," besides the notion of 'separate but equal' proving completely unworkable after several generations of trying it, see https://en.wikipedia.org/wiki/Tulsa_race_massacre for examples of what happened when black folks tried to self-organize to get ahead.
In short: we outlawed all that crap for a reason... A long, bloody, mutliple-generations-tried-private-solutions-it-didn't-work reason).
Other countries have different histories of racism (or misogyny or homophobia) so arrived at different conclusions. The law is path-dependent.
(TBH, you seem pretty hung up on what my country does in this regard for someone who isn't even beholden to these laws).
The principle is that nobody should be forced to employ somebody they don't want to employ.
Right to be one's own boss: it is called freedom. It doesn't have to be written in the constitution with those exact words. I don't think the US is a socialist country just yet.
And your narrative of letting people self-organize seems wrong. There were laws mandating segregation. That is not self-organization, but government interference.
Obviously murdering people and burning down businesses is and should be illegal.
shadowgovt|2 years ago
Meanwhile, the ERA and EEA have basically everything to do with American history. We tried letting people self-organize into not being racist and misogynistic (and later, homophobic). They did not. And because denying people an opportunity to work or own property or start a business based on race (or, for that matter, gender or sexual orientation) is counter to the principles of equality America pursues, we tied the right to own a corporation to respecting those principles. America has never recognized a "right to incorporate," or a "right to be one's own boss;" it's neither enshrined in the Constitution nor mentioned in the Declaration of Independence (you could loosely lump it under "pursue happiness," but there's plenty of things in that category that aren't fundamental rights, so it' a weak justification at best).
(Law of averages: there were outlier cases of local areas where black people experienced more equitable treatment. Tulsa Oklahoma, until the white folk in town burned down the black businesses. But on average, black people could expect to be treated worse than white people in business opportunities, discriminated against taking out loans to start their own companies, and discriminated against in employment. For answers to "Why didn't they just form their own businesses / fix the situation amongst themselves," besides the notion of 'separate but equal' proving completely unworkable after several generations of trying it, see https://en.wikipedia.org/wiki/Tulsa_race_massacre for examples of what happened when black folks tried to self-organize to get ahead.
In short: we outlawed all that crap for a reason... A long, bloody, mutliple-generations-tried-private-solutions-it-didn't-work reason).
Other countries have different histories of racism (or misogyny or homophobia) so arrived at different conclusions. The law is path-dependent.
(TBH, you seem pretty hung up on what my country does in this regard for someone who isn't even beholden to these laws).
misslibby|2 years ago
Right to be one's own boss: it is called freedom. It doesn't have to be written in the constitution with those exact words. I don't think the US is a socialist country just yet.
And your narrative of letting people self-organize seems wrong. There were laws mandating segregation. That is not self-organization, but government interference.
Obviously murdering people and burning down businesses is and should be illegal.