Tag Archives: color

The Mangling of American History

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The evolution of the historical profession in the United States in the last fifty years provides much reason for celebration.  It provides even more reason for unhappiness and dread.  Never before has the profession seemed so intellectually vibrant.  An unprecedented amount of scholarship and teaching is being devoted to regions outside of the traditional American concentration on itself and Europe. New subjects of enquiry — gender, race and ethnicity — have developed.  Never have historians been so influenced by the methodology and contributions of other disciplines, from anthropology to sociology.  

At the same time, never has the historical profession been so threatened.  Political correctness has both narrowed and distorted enquiry. Traditional fields demanding intellectual rigor, such as economic and intellectual history, are in decline.  Even worse, education about Western civilization and the Enlightenment, that font of American liberties, and the foundation of modern industrial, scientific and liberal world civilization, has come to be treated with increasing disdain at colleges and universities.  

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The Sixth Circuit Undermines Affirmative Action

On November 6 the voters of Oklahoma, following in the footsteps of voters in California (1996), Washington (1998), Michigan (2006), Nebraska (2008), and Arizona (2010), passed  a constitutional amendment that prohibits the state from offering “preferred treatment” or engaging in discrimination based on race, color, gender, or ethnicity. On November 15 eight of the fifteen judges of the Sixth Circuit Court of Appeals held, over vigorous dissents, that the nearly identical Michigan amendment requiring the state to treat all its residents without regard to their race violated the Equal Protection Clause of the 14th Amendment. Really.

As Roger Clegg just noted, this decision will almost certainly be reviewed by the Supreme Court, not primarily because it is unusually stupid but because it conflicts with both old and recent decisions of even the notoriously liberal Ninth Circuit. Ironically, this decision is so bad that it may actually do some good before the Court can review it. In flatly rejecting the same argument made in the Michigan case (by the same lawyer) against California’s Prop. 209, a three judge panel of the Ninth Circuit ruled in April that “Grutter upheld as permissible certain race-based affirmative action programs. It did not hold that such programs are constitutionally required.” In holding that states are effectively prohibited from deciding that race-based preferences are impermissible, the Sixth Circuit’s overreaching Egregious Eight may have inadvertently driven a stake through the heart of affirmative action. Their extreme decision may persuade Justice Kennedy and hence a conservative majority to hold in the upcoming Fisher decision that Grutter must be gutted, not tweaked, that the only “way to stop discrimination on the basis of race,” as Chief Justice Roberts famously said in Parents Involved, “is to stop discriminating on the basis of race.”

Noting the great gulf separating the views on racial preference held by the nation’s opinion leaders and elites, including leaders and faculty of both public and private universities, Richard Kahlenberg recently quoted Richard Sander’s and Stuart Taylor Jr.’s observation in their terrific new book, Mismatch, “We can think of no other public issue in which the leadership class displays such cohesion in the face of a largely opposite view among Americans in general.”

In large part that’s because most Americans continue to define discrimination as distributing benefits or burdens based on race while opinion leaders in editorial and university offices, Hollywood and Madison Avenue, board rooms, and nearly all elected and appointed Democrats have abandoned that traditional definition and instead regard discrimination as anything that interferes with promoting “diversity,” which in practice means discriminating against white and Asians in order to admit or hire more blacks and Hispanics. Thus the Sixth Circuit thought it unfair that the citizens of Michigan prohibited “race-conscious” admissions, i.e., preferential treatment based on race, while allowing “a legacy-conscious admissions policy.” Whatever the merits or wisdom of legacy preference, it cannot be said that its intent or effect is to discriminate against minorities. Indeed, for over a generation now minorities have been admitted to selective institutions in greater numbers than if they had been held to the same standards as whites and Asians, and thus it is quite likely that legacy preferences on balance now actually benefit minorities.

Their “legacy conscious admissions” comparison reveals that the Sixth Circuit based its decision on the assumption that “race-conscious” admissions have the intent and effect of benefitting minorities. The massive amount of evidence presented in the “mismatch” scholarship of Sander, Taylor, and now many others, however, has demonstrated that in fact “race conscious” admissions actually does serious and lasting damage to its ostensible “beneficiaries.”

I say “ostensible” and put “beneficiaries” in quotes because for anyone who credits the mantra-like justifications for “race conscious” admissions offered by its proponents, it’s clear that lowering the bar for blacks and Hispanics is not intended as a benefit to them — after all, they would receive whatever benefits “diversity” offers at less selective institutions — but to the whites and Asians whose education is said to require being exposed to them.

In any event, the noxious belief of the Sixth Circuit and all supporters of racial preference that discrimination against some groups should be legal if it benefits other groups reveals how thoroughly American liberalism has abandoned the civil rights ideal that was its heart and soul from the1830s through the 1960s.

An Unusually Stupid Court Ruling

Yesterday the full U.S. Court of Appeals for the Sixth Circuit held that Michigan’s Proposal 2 violates the U.S. Constitution’s Equal Protection Clause. 

Proposal 2 was a ballot initiative that amended the state constitution to provide that state and local government agencies (including public universities) in Michigan “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”  The Equal Protection Clause provides that “No State shall … deny to any person within its jurisdiction the equal protection of the laws.”

The mind boggles.  Proposal 2 not only does not violate the Equal Protection Clause, and is not only quite consistent with it, but is indeed nothing more than an elaboration on it.

But here is the court of appeals’ reasoning:

A student seeking to have her family’s alumni connections considered in her application to one of Michigan’s esteemed public universities could do one of four things to have the school adopt a legacy-conscious admissions policy: she could lobby the admissions committee, she could petition the leadership of the university, she could seek to influence the school’s governing board, or, as a measure of last resort, she could initiate a statewide campaign to alter the state’s constitution. The same cannot be said for a black student seeking the adoption of a constitutionally permissible race-conscious admissions policy. That student could do only one thing to effect change: she could attempt to amend the Michigan Constitution–a lengthy, expensive, and arduous process–to repeal the consequences of Proposal 2. The existence of such a comparative structural burden undermines the Equal Protection Clause’s guarantee that all citizens ought to have equal access to the tools of political change.

To which the answer is:  The same might be said of a member of the Ku Klux Klan who wanted the University of Michigan to adopt a whites-only policy of racial segregation.  Would this court have ruled that the Klansman’s equal-protection rights are violated by Proposal 2?

That seems unlikely.  The decision was driven by its politically correct result, which is why the decision was 8-7 along partisan lines:  Every vote in the majority was by a Democrat-appointed judge (except, technically, for one who was originally nominated by President Clinton late in his term and then, in a misguided gesture of conciliation, renominated by President Bush at the beginning of his), and every dissenter was appointed by a Republican president.  Elections do indeed have consequences.

One’s first reaction is anger and frustration. 

Consider:  The saga may be said to begin in 1978, when a majority of the Supreme Court in the Bakke case decided that Title VI of the 1964 Civil Rights Act does not prohibit racial discrimination in university admissions, even though it reads, “No person in the United States shall, on the ground of race, color, or national origin … be subjected to discrimination [by federally funded universities]….”  The fact that the national legislature had, by the clear terms of a statute it had passed, banned racial preferences in university admissions was just ignored.

So those opposing such discrimination would have to meet the standard the Court uses in constitutional cases, which allows the discrimination if it is “narrowly tailored” to a “compelling” interest.  As the discrimination became more and more widespread and entrenched, hard-fought lawsuits were in fact brought in Texas and then Michigan and taken through the courts of appeals, and then finally in 2003 the Supreme Court agreed to revisit the issue.  Alas, the Court struck down some of the discrimination but also held by a 5-4 margin that the “educational benefits” from “diversity” provided such a compelling interest, at least for another 25 years (!). 

So it was back to the political process in Michigan, where thousands of petition signatures were gathered and then Proposal 2 was passed with 58 percent of the vote after a bruising campaign.  And now we are told that this was a waste of time because using the political process this way is unconstitutional.  Again, it’s frustrating.

All this, in the courts and at the ballot, and all because of this seemingly unexceptionable desire:  That universities not discriminate in admission on the basis of skin color or what country someone’s ancestors came from.

But, on reflection, we can make lemonade from this lemon.

The state attorney general has already announced that he plans to take the case to the Supreme Court – thank goodness – which will almost certainly grant review, because the decision below is not only important and outrageous, but also creates a split in the circuits since the Ninth Circuit rejected a similar lawsuit.  When the Court does so, there ought to be at least five votes to overturn the Sixth Circuit’s decision – and clarify or overturn a confusing and mischievous couple of earlier Supreme Court decisions that the Sixth Circuit used to justify its result.  So the case will provide the Court with an opportunity to replace bad precedent containing dubious language with good precedent and good language for future cases.

And wait, there’s more:  It has already been my hope that the recent election results, and in particular the demographic spin being put on them, should push the conservative justices to ban racial preferences, period, in the recently argued Fisher v. University of Texas.  It’s clear that the composition of the Court is not going to get any better and may get worse, and it’s clear that the political branches are not going to address this problem – and, indeed, the country is getting to the point where political power is wielded in a way to create a racial spoils system in university admissions, contracting, you name it.   Therefore, our justices will reason, we have to take this off the table now.

The fact that the Court knows that the Sixth Circuit case is now in the wings may make this course of action even more attractive in Fisher.  Yesterday’s decision underscores the need for a clear statement from the Court in this area, and it is, after all, even easier to explain why banning racial preferences is not unconstitutional when there is a Supreme Court decision that holds that using racial preferences is unconstitutional.

You have to hand it to our opponents (in this case the lawsuit was brought by an organization whose name promises to defend affirmative action By Any Means Necessary, or “BAMN”):  They never give up.  So we can’t either.  They have the advantage of being unprincipled, but we have the advantage of being right – of wanting to end racial and ethnic discrimination and preference, which is the only tenable legal regime for our increasingly multiethnic and multiracial nation.

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Roger Clegg is president and general counsel of the Center for Equal Opportunity, which joined amicus briefs filed by Pacific Legal Foundation in the Sixth Circuit case and in Fisher.

The Endless War Against 209

By Ward Connerly
More than thirteen years ago the people of California voted to end discrimination and “preferential treatment” on the basis of race, sex, color, ethnicity and national origin, in the public arenas of contracting, education and employment. The margin of the vote on the ballot initiative (Proposition 209) that enshrined the principle of equal treatment in the California Constitution was not a squeaker; it was a decisive 55%-45% margin.
In the years since that vote, most Californians have accepted the verdict of the majority and have adapted to a life of equal treatment without preferences for anyone. That is as it should be in a nation for which the principle of equal treatment is the centerpiece of our civic values system, and for which the “rule of law” is one of our most valued ideals. But, there are some who refuse to take “no” for an answer. Instead, they have used every means at their disposal to bureaucratically circumvent, legally challenge, or flat-out disregard the initiative’s simple command of equality.
This week the California Supreme Court upheld the constitutionality of the law, 6-1, in a response to a lawsuit by white contractors against the city of San Francisco. Along the way, the court noted and dismissed various stratagems employed by the city to avoid the clear meaning of the law.

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Another Bad Idea: ”Diversifying” Science Faculties

Should universities weigh race and ethnicity in deciding whom to hire for their science departments?
The American Association for the Advancement of Science thinks so, according to a recent National Journal article. “Science and engineering should look like the rest of the population,” says AAAS’s Daryl Chubin, and if hiring decisions don’t yield the right numbers, “somebody needs to pull the plug and say this has not been an open and fair search.”
Taking steps to ensure that the best possible individuals apply and are hired is fine—indeed, that’s precisely what the whole process should be about. Casting your recruiting net far and wide is a good idea, as is reassessing your recruiting policies to make sure that you are not overlooking good sources of candidates. Reevaluating selection criteria from time to time is, likewise, unobjectionable; if some criteria are weighed too heavily or not heavily enough, with the result that the best individuals are not selected, then that needs to be fixed. And, of course, everyone involved in the selection process, from beginning to end, needs to be told that the best individuals, regardless of skin color or national origin, are to be picked.
But it’s clear that nondiscrimination is exactly what AAAS does not have in mind. The National Journal article says that it wants to “allocate additional slots to U.S. racial and ethnic minorities” and to protect universities from “likely lawsuits by groups seeking color-blind admissions policies.” As the quotes above suggest, it is demanding that schools get their numbers right. It wants quotas, it wants race and ethnicity to be weighed when hiring decisions are made.

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Probing The Black-White Achievement Gap

The Kellogg Foundation is funding a survey of four college campuses by Harvard’s W.E.B. Du Bois Institute and the Educational Testing Service to examine how students of color’s experiences on college campuses impact the notorious black-white achievement gap.

Namely, it will examine how the students feel “welcome and unwelcome, respected and disrespected, supported and unsupported, and encouraged and discouraged.”

However, will the researchers be interested in evidence that the black-white achievement gap is connected to aspects of parenting and peer identification that begin long before college? That is, will there be room in their assessment for, as it is put these days, culture over structure?

In his detailed survey of Shaker Heights, Ohio, Black Students in an Affluent Suburb, the late Berkeley Anthropology Professor John Ogbu found that black parents often aren’t aware of how closely they need to attend to their children’s homework and are less likely to confer with their children’s teachers, and that black teens have a tendency to disidentify from school as “white.” Subsequent studies have shown that black students are likely to spend less time on homework than white or Asian students and are less likely to be popular if they achieve in school.

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Am I Diverse Enough Now?

I cannot reflect upon my four years at UC Berkeley without mentioning the word “Diversity.” When one’s college experience is oversaturated by incessant lessons in racial and ethnic awareness, the word becomes unavoidable in any mention of Berkeley. Berkeley’s particular concept of diversity seemed to avoid the basic goal of fostering cultural tolerance and understanding. Instead, it appeared to encourage a divisive culture of victimhood and entitlement.

Housing students by race seemed to me an odd approach to ending racial division. During my freshman year, I lived two floors below the African American Theme Program floor. Other such floors included the Asian Pacific American Theme Program, the latino-centered Casa Magdalena Mora, and the Unity House, a gay-themed housing unit that allows you to have a roommate of the opposite sex. From what I remember, black students were the only ones participating in the African American Theme Program. Though students of all races and ethnicities are allowed to live in any of the available themed housing units, rarely did I see students living in housing centered on a culture different from their own.

According to the UC Berkeley housing website, the benefits of living in a racially themed housing unit include field trips, retreats, and dinner with faculty.

The special perks of being a minority did not end in the dormitories. The Berkeley Student Life Advising Service offers academic guidance for underrepresented students. At Berkeley, underrepresentation is measured solely in terms of race, so a conservative student that is noticeably underrepresented in an overwhelmingly liberal campus need not apply. Meanwhile, minority students can turn to Summer Research Opportunities for Underserved Undergraduates for more academic resources

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Do Rich White Kids Win With Affirmative Action?

Color and Money: How Rich White Kids are Winning the War Over College Affirmative Action  by Peter Schmidt

Reviewed by George C. Leef

Exactly how important is a college degree from a prestige school? Many believe that having such a degree is extremely important – a virtual guarantee of success in life. The higher education establishment works hard at propounding the idea that without a college degree, a young person’s life will be one of almost Hobbesian misery and the elite institutions go a step further and portray themselves as the essential training grounds for the nation’s leaders. If you accept those views, the destiny of the nation is largely shaped by who goes to college and where.

Peter Schmidt has swallowed them hook, line, and sinker, which isn’t surprising for a reporter who has been immersed in higher education for many years. In his new book Color and Money he writes, “In modern American society, many of us assume – or at least desperately hope – that the people in leading positions in government, business, and the professions are our best and brightest… How do we decide who deserves such status? Generally, we rely on academic credentials. We entrust the task of identifying and training our best and brightest to our elite higher education institutions…”

Continue reading Do Rich White Kids Win With Affirmative Action?