What To Do About Affirmative Action
The thinking behind the policy of racial preference which has been followed in America over the past quarter-century under the name of “affirmative action”1 is best summed up by former Supreme Court Justice Harry Blackmun’s famous dictum that, “In order to get beyond racism, we must first take race into account.”
The Orwellian quality of Blackmun’s admonition is obvious. Seldom has a democratic government’s policy so completely contradicted the core values of its citizenry as racial preference does in violating the universally held American ideals of fairness and individual rights, including the right to be free from discrimination. Not surprisingly, then, where Americans regarded the original civil-rights legislation as representing a long-overdue fulfillment of the country’s democratic promise, they overwhelmingly see racial preference as an undemocratic and alien concept, a policy implemented by stealth and subterfuge and defended by duplicity and legalistic tricks.
Americans do not believe that past discrimination against blacks in the workplace justifies present discrimination against whites. Nor do they accept the thesis that tests and standards are tainted, en masse, by cultural bias against minorities. Having been taught in high-school civics classes that gerrymandering to ensure party domination represents a defect in democracy, Americans are bewildered by the argument that gerrymandering is necessary to ensure the political representation of blacks and Hispanics. They are unimpressed by the contention that a university’s excellence is enhanced by the mere fact of racial and ethnic diversity in its student body, especially when entrance requirements must be lowered substantially to achieve that goal.
Americans, in short, oppose racial preference in all its embodiments, and have signified their opposition in opinion poll after opinion poll, usually by margins of three to one or more, with women as strongly opposed as men, and with an impressive proportion of blacks indicating opposition as well. The contention, repeatedly advanced by advocates of preferential policies, that a national consensus exists in support of such policies has been true only at the level of political elites. Americans do support what might be called soft affirmative action, entailing special recruitment, training, and outreach efforts, and are willing to accept some short-term compensatory measures to rectify obvious cases of proven discrimination. But attitudes have, if anything, hardened against the kind of aggressive, numbers-driven preference schemes increasingly encountered in university admissions and civil-service hiring.
Nonetheless, up until this year, racial preference in its various manifestations has been impressively resistant to calls for reform, much less elimination. In fact, race consciousness has begun to insinuate itself into areas which, common sense alone would suggest, should be immune to intrusive government social engineering. To cite but one example of this disturbing trend: Congress has mandated that guidelines be established guaranteeing the involvement of minorities (and women) in clinical research—a form of scientific experimentation by quota.
There is, furthermore, reason to question whether the advocates of race-conscious social policy continue to take seriously the objective of getting “beyond race,” a condition which presumably would warrant the elimination of all preferential programs. The late Thurgood Marshall, an outspoken champion of preference while on the Supreme Court, is reported to have blurted out during an in-chambers discussion that blacks would need affirmative action for a hundred years. A similar opinion has been expressed by Benjamin Hooks, the former director of the National Association for the Advancement of Colored People (NAACP). Hooks contends that affirmative action in some form should be accepted as one of those permanent, irritating features of American life—he cited as examples speeding laws and the April 15 income-tax deadline—which citizens tolerate as essential to the efficient and just functioning of society.
Neither Marshall nor Hooks is regarded as an extremist on race matters; their advocacy of a permanent regime of affirmative action falls within the mainstream of present-day liberal thought. The promotion of “diversity”—the latest euphemism for preferential representation—is as fundamental to liberal governance as was the protection of labor unions in an earlier era. And until very recently, liberal proponents of preference clearly believed that history was on their side.
Thus, where enforcement agencies were formerly cautious in pressing affirmative action on the medical profession, the Clinton administration was formulating plans for a quota system throughout the health-care workforce. The goal, according to one memo of Hillary Clinton’s task force, was nothing less than to ensure that this workforce achieve “sufficient racial, ethnic, gender, geographic, and cultural diversity to be representative of the people it serves.” The task force also had plans to guide minority doctors into specialties while tracking other doctors into general practice. To realize this medical-care diversity blueprint, the task force proposed the creation of a bureaucracy with coercive powers to regulate the “geographic” and “cultural” distribution of physicians and other medical practitioners.
How did America drift from the ideal of a color-blind society to the current environment of quotas, goals, timetables, race-norming, set-asides, diversity-training, and the like?
Those troubled by this question often refer wistfully to Martin Luther King, Jr.’s declaration that he hoped to see the day when his children would be judged by the content of their character and not by the color of their skin. Yet it must be recognized that even when King uttered those inspirational words at the 1963 March on Washington, they no longer reflected the thinking of crucial segments of the civil-rights movement. Already, increasingly influential black activists and their white supporters were advancing demands for hiring plans based on racial quotas. In pressing for such plans (then called compensatory treatment), the civil-rights movement was being joined by officials from the Kennedy administration, as well as by white intellectuals who, going further, announced that black economic equality could never be attained without a wholesale adjustment of standards and the merit principle.
These ruminations were not lost on the Dixiecrat opponents of desegregation, and the charge was soon made that Title VII of the pending civil-rights bill—the section dealing with discrimination in the workplace—would lead to the widespread practice of reverse discrimination. This in turn provoked a series of statements and speeches by stalwart liberals like Senators Hubert Humphrey, Joseph Clark, and Clifford Case, adamantly and unequivocally denying that the bill could be interpreted to permit racial preference.
In order to dispel lingering doubts, Humphrey and other supporters inserted an amendment to the bill declaring flatly that the law’s purpose was to rectify cases of intentional discrimination and that it was not intended to impose sanctions simply because a workplace contained few blacks or because few blacks passed an employment test. Armed with this and similar clauses prohibiting reverse discrimination, Humphrey promised to “start eating the pages [of the civil-rights bill] one after another” if anyone could discover language in it “which provides that an employer will have to hire on the basis of percentage or quota.”
Under normal circumstances, the insertion of unambiguous anti-preference language, combined with the condemnations of reverse discrimination by the bill’s sponsors, would have been sufficient to prevent the subsequent distortion of the law’s intent. But these protections turned out to be useless against the determination of the country’s elites (in the political system, in the media, in the universities, and in the courts) to override them. Having concluded (especially after the urban riots of the late 60’s) that social peace demanded racial preference, political leaders from both parties, along with a growing number of intellectuals and activists, both white and black, began looking upon the anti-preference clauses in Title VII as obstacles to be circumvented rather than guides to be followed. The anti-preference language which had been added to ensure passage of the Civil Rights Act of 1964 was now not only ignored but treated as though it did not even exist.
Hence there was no serious effort by either Congress or the courts or anyone else to rein in the civil-rights bureaucracy, which dismissed the anti-preference provisions with contempt from the very outset. A “big zero, a nothing, a nullity,” is how these provisions were characterized by an official of the Equal Employment Opportunity Commission (EEOC) at the time. Federal enforcement officials in general, most of whom were white, were more aggressive in pursuing preferences, and less inclined to reflect on the broader implications of affirmative action, than were many mainstream black leaders of that day, some of whom—Roy Wilkins, Bayard Rustin, and Clarence Mitchell, for example—opposed reverse discrimination on moral and political grounds.
The part played by the EEOC in putting together the structure of racial preference cannot be overstated. In blithe and conscious disregard of the anti-preference sections of Title VII, EEOC officials broadened the definition of discrimination to encompass anything which contributed to unequal outcomes. In its most far-reaching move, the EEOC launched an all-out assault on employment testing. The agency’s mindset was reflected in comments about “irrelevant and unreasonable standards,” “the cult of credentialism,” and “artificial barriers.”
Yet despite the ingenuity of its lawyers in devising intricate arguments to circumvent the strictures against reverse discrimination—and despite the willingness of activist judges to accept these arguments—the EEOC could never have achieved its aims had it not been for a transformation of elite attitudes toward the problem of race in America.
In 1964, the year the Civil Rights Act was passed, an optimistic and morally confident America believed that the challenge posed by the “Negro revolution” could be met through a combination of anti-discrimination laws, economic growth, and the voluntary good will of corporations, universities, and other institutions. But by the decade’s end, a crucial segment of elite opinion had concluded that America was deeply flawed, even sick, and that racism, conscious or otherwise, permeated every institution and government policy. Where individual prejudice had previously been identified as the chief obstacle to black progress, now a new target, “institutional racism,” was seen as the principal villain. And where it was once thought that democratic guarantees against discrimination, plus the inherent fairness of the American people, were sufficient to overcome injustice, the idea now took hold that since racism was built into the social order, coercive measures were required to root it out.
In this view, moreover, the gradualist Great Society approach launched by Lyndon Johnson, which stressed education, training, and the strengthening of black institutions, could not alleviate the misery of the inner-city poor, at least not as effectively as forcing employers to hire them. Even Johnson himself began calling for affirmative action and issued an executive order directing that federal contractors adopt hiring policies which did not discriminate on the basis of race (or gender); in a process that would soon become all too familiar, court decisions and the guidelines of regulators subsequently interpeted the directive as mandating racial balance in the workforce, thus paving the way for demands that companies doing business with the government institute what often amounted to quotas in order to qualify for contracts.
Little noticed at the time—or, for that matter, later—was that black America was in the midst of a period of unprecedented economic progress, during which black poverty declined, the racial income gap substantially narrowed, black college enrollment mushroomed, and black advancement into the professions took a substantial leap forward. All this, it should be stressed, occurred prior to the introduction of government-mandated racial preference.
Once affirmative action got going, there was no holding it back. The civil-rights movement and those responsible for implementing civil-rights policy simply refused to accept an approach under which preference would be limited to cases of overt discrimination, or applied to a narrow group of crucial institutions, such as urban police departments, where racial integration served a pressing public need. Instead, every precedent was exploited to further the permanent entrenchment of race consciousness.
For example, the Philadelphia Plan, the first preferential policy to enjoy presidential backing (the President being Richard Nixon), was a relatively limited effort calling for racial quotas in the Philadelphia building trades, an industry with a notorious record of racial exclusion. Yet this limited program was seized upon by the EEOC and other agencies as a basis for demanding hiring-by-the-numbers schemes throughout the economy, whether or not prior discrimination could be proved.
Similarly, once a race-conscious doctrine was applied to one institution, it inevitably expanded its reach into other arenas. The Supreme Court’s decision in Griggs v. Duke Power, Inc.—that employment tests could be found to constitute illegal discrimination if blacks failed at a higher rate than whites—was ostensibly confined to hiring and promotion. But Griggs was used to legitimize the burgeoning movement against testing and standards in the educational world as well. Tracking by intellectual ability, special classes for high achievers, selective high schools requiring admissions tests, standardized examinations for university admissions—all were accused of perpetuating historic patterns of bias.
The campaign against testing and merit in turn gave rise to a series of myths about the economy, the schools, the workplace, about America itself. Thus, lowering job standards as a means of hiring enough blacks to fill a quota was justified on the grounds that merit had never figured prominently in the American workplace, that the dominant principles had always been nepotism, back-scratching, and conformism. To explain the racial gap in Scholastic Aptitude Test scores, the concept of cultural bias was advanced, according to which disparities in results derived from the tests’ emphasis on events and ideas alien to urban black children. Another theory claimed that poor black children were not accustomed to speaking standard English and were therefore placed at a disadvantage in a normal classroom environment. It was duly proposed that black children be taught much like immigrant children, with bilingual classes in which both standard English and black English would be utilized. A related theory stated that black children retained a distinct learning style which differed in significant respects from the learning styles of other children. As one educator expressed the theory, any test which stressed “logical, analytical methods of problem-solving” would ipso facto be biased against blacks.
Until quite recently, the very idea of abolishing racial preference was unthinkable; the most realistic ambitions for the critics of race-based social policy went no further than trying to limit—limit, not stop—the apparently relentless spread of racial preferences throughout the economy, the schools and universities, and the political system. Yet it now appears not only that the momentum of racial preference has been halted, but that, at a minimum, a part of the imposing affirmative-action edifice will be dismantled. Furthermore, a process has already been set in motion which could conceivably lead to the virtual elimination of race-based programs.
Racial preferences have become vulnerable mainly because of the sudden collapse of the elite consensus which always sustained affirmative action in the face of popular opposition. Where in the past many Republicans could be counted on to support, or at least tolerate, racial preferences, the new congressional majority seems much more inclined to take a sharply critical look at existing racial policies. Equally important is the erosion of support for preference within the Democratic party. While some newly skeptical Democrats are clearly motivated by worries about reelection, others have welcomed the opportunity to express long-suppressed reservations about policies which they see as having corrupted, divided, and weakened their party.
The revolt against affirmative action has also been heavily influenced by the fact that, as preferential policies have extended throughout the economy, a critical mass of real or perceived victims of reverse discrimination has been reached—white males who have been denied jobs, rejected for promotion, or prevented from attending the college or professional school of their choice because slots were reserved for blacks (or other minorities or women).
There is, no doubt, an inclination on the part of white men to blame affirmative action when they are passed over for jobs or promotions, a tendency which is reinforced by the atmosphere of secrecy surrounding most preference programs. But enough is known about affirmative action in the public sector through information which has come out in the course of litigation to conclude that thousands of whites have indeed been passed over for civil-service jobs and university admissions because of outright quotas for racial minorities. It is also clear that a considerable number of private businesses have been denied government contracts because of minority set-asides.
Another major factor in the change of attitude toward affirmative action is the California Civil Rights Initiative (CCRI), which has already had an incalculable impact. The CCRI was organized by two white, male, and politically moderate professors in the California state-university system. The measure would amend the California constitution to prohibit the state government or any state agency (including the university system) from granting preference on the basis of race, ethnicity, or gender in employment, college admissions, or the awarding of contracts. It would, in other words, effectively ban affirmative-action programs mandated by the state.
Though limited to California, the CCRI is at heart a response to the logical destination of affirmative action everywhere in America: quota systems sustained by the support of elites from both political parties. To be sure, policy by racial classification has grown more pervasive in California than elsewhere in America. White males have been told not to bother applying for positions with the Los Angeles fire department due to the need to fill minority quotas. In San Francisco, Chinese students are denied admission to a selective public high school because of an ethnic cap; for similar reasons, whites, mainly Jews and East European immigrants, are often denied admission to magnet schools in Los Angeles. A de-facto quota system effectively denies white males the opportunity to compete for faculty positions at certain state colleges. And, incredibly enough, the state legislature passed a bill calling for ethnic “guidelines” not only for admission to the state-university system but for graduation as well. The bill was vetoed by Governor Pete Wilson; had a Democrat been governor, it would almost certainly have become law.
The true impact of the CCRI can be gauged by the degree of fear it has generated among supporters of affirmative action. So long as the debate could be limited to the courts, the agencies of race regulation, and, when unavoidable, the legislative arena, affirmative action was secure. The mere threat of taking the issue directly to the voters, as the CCRI’s sponsors propose to do through the referendum process, has elicited a downright panicky response—itself a clear indication that the advocates of racial preference understand how unpopular their case is, and how weak.
But a note of caution must be sounded to those who believe that current developments will lead inexorably to the reinstitution of color-blindness as the reigning principle in racial matters. The resilience of affirmative action in the face of widespread popular hostility suggests that even a modest change of course could prove a difficult and highly divisive affair.
There is, to begin with, the fact that affirmative action has been introduced largely by skirting the normal democratic process of debate and legislative action. Affirmative action is by now rooted in literally thousands of presidential directives, court decisions, enforcement-agency guidelines, and regulatory rules. These will not easily be overturned.
There is also the complicating factor of the federal judiciary’s central role in overseeing racial policy. Given the emotionally charged character of the racial debate, the critics of racial preference will be tempted to postpone legislative action in the hope that the Supreme Court will resolve the issue once and for all. But while the Court today is less prone to judicial activism than during the Warren and Burger years, and while it may decide to limit the conditions under which a preferential program can be applied, it is unlikely to do away with affirmative action altogether.
The Republicans will face another temptation: to exploit white hostility to racial preference but avoid serious political action to eliminate it. A powerful political logic lies behind this temptation, since getting rid of affirmative action would also deprive the Republicans of a potent wedge issue. Yet one can hardly imagine a less desirable outcome than a prolonged and angry political confrontation over race. Moreover, if responsible politicians who share a principled opposition to preference decline to take the initiative, the door will be opened to racists and unscrupulous demagogues.
An additional obstacle to change is the fact that eliminating affirmative action does not offer much of a financial payoff. Affirmative action is not expensive; its only direct cost to the taxpayer is the expense of maintaining civil-rights agencies like the EEOC.
Claims have been made that affirmative action does represent a major cost to the American economy, but the facts are unclear since neither the media nor scholarly researchers nor the corporations themselves have shown an interest in undertaking an investigation of its economic impact. Indeed, though affirmative action is one of the most intensely discussed social issues of the day, it is probably the least researched. Press coverage is generally limited to the political debate; seldom are stories done about the actual functioning of affirmative-action programs. Nor is there much serious scholarly investigation of such questions as affirmative action’s impact on employee morale, the performance of students admitted to college on an affirmative-action track, or the degree to which contract set-asides have contributed to the establishment of stable minority businesses.
Given the truly massive amount of research devoted to racial issues over the years, the lack of attention to preferential policies raises the suspicion that what has been operating here is a deliberate decision to avoid knowing the details of affirmative action’s inner workings out of fear of the public reaction.
Opponents of racial preference must also contend with the widespread acceptance of the “diversity” principle within certain key institutions. Here the American university stands out for its uncritical embrace of the notion that, as one recent cliché has it, “diversity is part of excellence.” When Francis Lawrence, the president of Rutgers University, came under fire for uttering the now-famous phrase which seemed to question the genetic capabilities of black students, his principal defense—indeed practically his only defense—was that he had increased minority enrollment at Rutgers and during a previous administrative stint at Tulane. True to form, no one bothered to ask how black students recruited under Lawrence’s diversity initiatives had fared academically or psychologically, or how the campus racial atmosphere had been affected, or how much standards had been adjusted to achieve the quota. The body count, and the body count alone, was what mattered for Lawrence, and, it would seem, for administrators at many campuses.
The diversity principle is also firmly entrenched throughout government service. Most agencies include a diversity or affirmative-action department, headed by an official with deputy-level status, with intrusive authority to promote staff “balance” and minority participation in contract bidding. So, too, private corporations have accepted affirmative action as part of the price of doing business. Large corporations, in fact, can usually be counted on to oppose anti-quota legislation, preferring the simplicity of hiring by the numbers to the uncertainty of more flexible systems and the increased possibilities of anti-discrimination litigation brought by minorities or by whites claiming reverse bias.
But of course the most serious obstacle to change is black America’s strong attachment to affirmative action. Race-conscious policies have had no demonstrable effect at all on the black poor, but they are widely perceived as having played a crucial role in creating the first mass black middle class in American history. The claim here is wildly exaggerated—to repeat, the trend was already well advanced before affirmative action got going. Nevertheless, to many blacks, affirmative action has become not a series of temporary benefits but a basic civil right, almost as fundamental as the right to eat at a restaurant or live in the neighborhood of one’s choice, and certainly more important than welfare.
Accordingly, black leaders, who are always quick to condemn even the most modest changes as “turning back the clock” or as a threat to the gains of the civil-rights movement, have now escalated the counterattack in response to the more sweeping recent challenge to affirmative action. When Governor Pete Wilson made some favorable comments about the CCRI, Jesse Jackson compared him to George Wallace blocking the schoolhouse door in Jim Crow Alabama. And when congressional Republicans moved to rescind a set-aside program in the communications industry, Representative Charles Rangel, a Democrat from Harlem, declared that the move reflected a Nazi-like mindset.
It is true that many blacks are ambivalent about preferences, or even critical of them. At the same time, however, they are highly sensitive to perceptions of white assaults on civil rights, and they may well find polemics of the Jackson and Rangel variety persuasive.
Confronted with all these obstacles, some opponents of affirmative action are leaning toward a compromise strategy involving a program-by-program review. This would be a serious mistake; the most desirable and politically effective course would be federal legislation modeled on the CCRI. Such a measure would leave in place the old laws against discrimination but would eliminate all federal programs which extend preference on the basis of race (as well as ethnicity or gender).
The measure could conceivably take the form of a reaffirmation of the sections of the 1964 Civil Rights Act dealing with the workplace, with special emphasis on the clauses explicitly prohibiting reverse discrimination. But whatever the specific shape of the new legislation, absolute clarity would be required on the principal issue: there would be no room for fudging, vagueness, or loopholes on the question of bringing the era of race-conscious social policy to a close. The legislation would therefore also have to include an explicit disavowal of the disparate-impact doctrine, under which the disproportionate representation of the races (or sexes) is often regarded as evidence in itself of discrimination, and which has often led to the imposition of de-facto quota systems.
The political struggle over this kind of sweeping legislation would be angry and unpleasant. But eliminating both the practice of racial preference and the controversy surrounding it would set the stage for an ultimate improvement in the racial environment throughout American society. On the other hand, an approach focusing on a program-by-program review of the multitude of preference initiatives in an ephemeral search for compromise only guarantees the permanence both of affirmative action itself and of the affirmative-action controversy.
A less sweeping but nevertheless useful approach would be a presidential decree revoking the executive order issued by President Johnson which opened the way to federally-mandated quotas. Though (as we have seen) Johnson did not necessarily intend this to happen, the fact is that his directive became a crucial pillar of the affirmative-action structure. With the stroke of a pen it could be rescinded.
So far as the universities are concerned, the elimination of affirmative action would mean an end to lowering standards in order to fill racial quotas. No doubt this would also mean a smaller number of blacks at the elite universities, but there are perfectly decent state colleges and private institutions for every promising student whose qualifications do not meet the standards of Yale or Stanford. The notion that a degree from one of these institutions consigns the graduate to a second-class career is based on sheer prejudice and myth; for evidence to the contrary, one need look no further than the new Republican congressional delegation, which includes a number of graduates from what would be considered second- or third-tier colleges.
It hardly needs to be added that directing a student to a university for which he is educationally and culturally unprepared benefits neither the student nor the university nor the goal of integration. The results are already clear to see in the sorry state of race relations on campus. Many colleges are dominated by an environment of racial balkanization, with blacks increasingly retreating into segregated dormitories and black student unions, rejecting contacts with white students out of fear of ostracism by other blacks, and then complaining of the loneliness and isolation of campus life. Drop-out rates for those admitted on affirmative-action tracks are high, adding to black student frustration. These problems are invariably exacerbated by college administrators who respond to racial discontent with speech codes, sensitivity training, multicultural seminars, curriculum changes, and other aggressively prosecuted diversity initiatives.
Some have proposed basing affirmative action in university admissions on social class—that is, extending preferences to promising students from impoverished backgrounds, broken homes, and similar circumstances. On a superficial level, this would seem a sensible idea. Blacks would profit because they suffer disproportionately from poverty. Universities would gain from the high motivation of the students selected for the program. And real diversity would be enhanced by the presence of students whose backgrounds differed radically from the middle- and upper-class majority, and whose opinions could not be so predictably categorized along the conformist race (and gender) lines which dominate campus discussion today.
One major caveat is that college administrators, who give every indication of total commitment to the present race-based arrangements, would discover ways to circumvent a program based on color-blind standards. Indeed, they have already done so. Under the terms of the Bakke case (1978), which established the guidelines for affirmative action in university admissions, race could be counted as one of several factors, including social class; affirmative action based on race alone, the Supreme Court said, could not pass muster. As matters have evolved, affirmative action on many state campuses, most notably those in California, is based almost exclusively on race and ethnicity.
A similar class-based formula is difficult to envision outside the realm of university admissions. Yet there is no reason to assume that private businesses would respond to the elimination of government-enforced affirmative action by refusing to hire and promote qualified blacks. A return to race-neutral government policies would also enable black executives and professionals to shed the affirmative-action stigma, since no one would suspect that they were in their positions only as the result of pressure by a federal agency. The supporters of preferential policies may dismiss affirmative action’s psychological effects on the beneficiaries as unimportant. But the evidence indicates that the image of a black professional class having risen up the career ladder through a special racial track is a source of serious workplace demoralization for members of the black middle class.
The arguments which have lately been advanced in favor of retaining affirmative action are by and large the same arguments that were made more than twenty years ago, when the intellectual debate over preference began.
Probably the least compelling of these is the contention that the advantages extended by university admissions offices to athletes, the children of alumni, and applicants from certain regions of the country justify extending similar advantages on the basis of race. The answer to this contention is simple: race is different from other criteria. America acknowledged the unique nature of racial discrimination when it enacted the landmark civil-rights laws of the 1960’s. Moreover, the suggestion cannot be sustained that outlawing preference based on race while permitting preference based on nonracial standards would leave blacks even farther behind. Blacks, in fact, benefit disproportionately from admissions preferences for athletes or those with talents in music and art. No one objects, or thinks it unusual or wrong for some groups to be overrepresented and others to be underrepresented on the basis of such criteria.
A similar, but even weaker, argument (already alluded to above) holds that America has never functioned as a strict meritocracy, and that white males have maintained their economic dominance through connections, pull, and family. Affirmative action, this theory goes, simply levels the playing field and actually strengthens meritocracy by expanding the pool of talent from which an employer draws. The problem is that those who advance this argument seem to assume that only white males rely on personal relationships or kinship. Yet as we have learned from the experience of immigrants throughout American history, every racial and ethnic group values family and group ties. Korean-American shop-owners enlist their families, Haitian-American taxi fleets hire their friends.
What about the claim that affirmative action has improved the racial climate by hastening the integration of the workplace and classroom? While the integration process has often been painful and disruptive, there is no question that more contact between the races at school and at work has made America a better society. But integration has not always succeeded, and the most signal failures have occurred under conditions of government coercion, whether through busing schemes or the imposition of workplace quotas. In case after case, the source of failed integration can be traced to white resentment over racial preference or the fears of blacks that they will be perceived as having attained their positions through the preferential track.2
There is, finally, the argument that, since black children suffer disproportionately from poor nutrition, crack-addicted parents, wrenching poverty, and outright discrimination, affirmative action rightly compensates for the burden of being born black in America. Yet affirmative action has been almost entirely irrelevant to these children, who rarely attend college or seek a professional career. The new breed of Republican conservatives may sometimes betray a disturbing ignorance of the history of racial discrimination in America. But on one crucial issue they are most certainly right: the march toward equality begins at birth, with the structure, discipline, and love of a family. The wide array of government-sponsored compensatory programs, including affirmative action, has proved uniformly ineffective in meeting the awesome challenge of inner-city family deterioration.
To advocate a policy of strict race neutrality is not to ignore the persistence of race consciousness, racial fears, racial solidarity, racial envy, or racial prejudice. It is, rather, to declare that government should not be in the business of preferring certain groups over others. Because it got into this business, the United States has been moved dangerously close to a country with an officially-sanctioned racial spoils system. Even Justice Blackmun was concerned about this kind of thing. In his Bakke opinion, Blackmun made it clear that preferential remedies should be regarded as temporary, and he speculated that race-conscious policies could be eliminated in ten years—that is, by the end of the 1980’s.
Affirmative action’s supporters grow uncomfortable when reminded of Blackmun’s stipulation, which clashes with their secret conviction that preferences will be needed forever. Despite considerable evidence to the contrary, they believe that racism (and sexism) pervade American life, and they can always find a study, a statistic, or an anecdote to justify their prejudice.
If racial preference is not eliminated now, when a powerful national momentum favors resolving the issue once and for all, the result may well be the permanent institutionalization of affirmative action, though probably at a somewhat less expansive level than is the case right now. Alternatively, a cosmetic solution, which eliminates a few minor policies while leaving the foundation of racial preference in place, could trigger a permanent and much more divisive racial debate, with a mushrooming of state referenda on preference and the growing influence of extremists of both races.
It is clear that a bipartisan majority believes that the era of racial preference should be brought to a close. It will take an unusual amount of political determination and courage to act decisively on this belief. But the consequences of a failure to act could haunt American political life for years to come.
1 Affirmative action has, of course, been extended to women and certain other groups, but I will confine the discussion here to race. Affirmative action was devised primarily to promote the economic status of blacks, and the racial implications of the debate over this policy are far more significant than questions arising from preferences for women or other ethnic minorities. I should add that if preference for black Americans is unjustified, there is even less to be said for it when applied to women or to such immigrant groups as Hispanics and Asians.
2 An important exception is the military, where affirmative action is applied to promotions but where standards have not been lowered to enlarge the pool of qualified black applicants.