Race Flashcards
Legalisation
The opportunity for illegal immigrants to gain citizenship - criticised by the right on the grounds that it amounts to rewarding law-breakers, and sends a message to future illegals could expect the same treatment - Included in the Comprehensive Immigration Reform Act (2006/07) and to some extent in the DREAM Act.
Guest Workers
People in the US legitimately on a visa, but who have no prospects of citizenship - they will only be allowed to remain in the US whilst they are in employment - criticised from the left, as it might lead to exploitation of the workers by the firms on which they depend, and from the right on the grounds that flows of cheap labour would push wages down for Americans, especially in the context of a recession/slow recovery - Included in the Comprehensive Immigration Reform Act (2006/07).
DREAM Act
A piece of legislation first introduced in Congress in 2001, which would have given young illegal immigrants the opportunity to obtain permanent residency if they met various conditions, and displayed “good moral character.” Re-introduced in 2009 under Obama, who endorsed the bill. Criticised from the right for the same reasons as legalisation, and from the left as it only dealt with a small portion of illegal immigrants in the US, falling short of the radical reforms promised by Obama during his candidacy.
Jim Crow Laws
A series of laws enacted after the reconstruction period in the Southern states, mandating racial segregation of public facilities, e.g. Mississippi banned the publication of any material supporting racial equality, Florida instituted a year’s jail sentence for being part of an interracial couple, Texas introduced compulsory segregation of schools in 1925. Jim Crow laws existed from roughly 1890 until 1965.
Affirmative Action
A set of policies designed to advantage a particular group in society, in order to correct preexisting social inequalities. The term is most often used to refer to racial minority groups, in situations such as university admissions and employment.
Reasons for Racial Inequality - Population Movement/Housing Discrimination
The influx of rural African Americans and Latinos into large cities during WWII created a housing shortage - this precipitated a “white flight” into the suburbs, upon the return of overwhelmingly white veterans at the end of the war - this, combined with subtle discrimination preventing middle-class African Americans from purchasing houses in the suburbs, essentially created black ghettos in the inner-cities.
Reasons for Racial Inequality - Poor Educational and Economic Opportunities
The legacy of past discrimination left a large gap between the educational and economic performance of different races, making it more likely that future generations would reflect this trend. The problem of educational disparity was worsened by the fact that school funding was highly localised - rich, white areas would pay more tax and therefore have access to better schools, a problem worsened by the decline of urban manufacturing jobs in the 60s, 70s and 80s.
Reasons for Racial Inequality - Family Breakdown, Crime and Drug Use
African Americans were left with few opportunities to improve their lives, as they were affected by many of the problems generally prevalent in poor communities, especially with the worsening quality of inner-city life - the Kerner Report (1968) essentially predicted the Crack Cocaine epidemic of the 80s and 90s.
The Kerner Report
A report published in 1968 by the National Advisory Committee on Civil Disorder, which was set up in 1967 by Johnson, via executive order. The report addressed the reasons for the recent riots in Los Angeles, Detroit and Washington, DC, and by extension, the wider reasons and solutions for racial inequality in the US.
Solutions for Racial Inequality - Improve Urban Housing
Proposed that the federal government ought to build 6 million new houses in urban areas, as well as introducing legislation to prevent housing discrimination.
Solutions for Racial Inequality - Job Training
Training should be provided to poor African Americans in order to help them adapt to the changing economic landscape of the US.
Solutions for Racial Inequality - Tax Incentives
The government should provide tax incentives for firms to set up in inner cities, in order to improve job prospects in those areas.
Solutions for Racial Inequality - Public Sector Jobs
In order to compensate for poor public services in the inner cities, the government should create 1 million public sector jobs - this would have the twofold effect of job creation and improvement of public services.
Solutions for Racial Inequality - Workplace Discrimination
The government should introduce legislation to combat discrimination in the workplace, and to prevent institutions such as all-white unions from excluding African Americans and Latinos from employment.
Problems with the Kerner Report’s recommendations
The commission had no power to enforce its recommendations - it relied on concurrence from the President and Congress, as well as a lenient Supreme Court, as some might come into conflict with the equal protection clause of the 14th Amendment.
Griggs v. Duke Power Company
1971 - ruled that the company’s employment criteria were not solely based in ability to perform the job - it required a high-school diploma for certain jobs, which was unnecessary, which discriminated against African Americans, who were less likely to have one, thus violating the equal protection clause of the 14th Amendment.
Swann v. Charlotte-Mecklenberg Board of Education
1971 - ruled that it was constitutional to bus students between school districts in order to create more integrated high school classes and bring about equal education for all.
Milliken v. Bradley
1974 - ruled that it was illegal to bus students across district lines, if the lines in question were not drawn with racist intent - limited Swann and limited busing as an affirmative action strategy.
Regents of the University of California v. Bakke
1978 - ruled that the use of quotas in university admissions is unconstitutional under the 14th Amendment, thus outlawing it as an AA strategy, but that race could still be used as a criterion.
Shaw v. Reno
1993 - ruled that it is illegal to redraw district boundaries purely on the basis of race, as stated in to Voting Rights Act (1965) - e.g. Texas 2003 redistricting struck down. However, held that in states such as South Carolina, where the majority of Democratic voters are black, and the majority of Republican voters are white, redistricting can be justified on the grounds of party affiliation rather than race.
Hunt v. Cromartie
1999 - reinforced Shaw v. Reno by finding that North Carolina’s heavily African American 12th District was justified on a party rather than racial basis.
Grutter v. Bollinger
2003 - Ruled that race could be used as a factor in university admissions without violating the 14th Amendment, overturning Hopwood, on the basis that the University of Michigan Law School’s policy was helpful in “furthering a compelling interest in obtaining that educational benefits that flow from a diverse student body.” Set a time limit on AA of 25 years, theoretically making it illegal after 2028.
Gratz v. Bollinger
2003 - ruled that the University of Michigan’s admissions process was unconstitutional as it placed more weight on race than academic performance. An attorney who filed an amicus brief in Grutter stated that the cumulative effect of Bakke, Grutter and Gratz was to remove the legal right of people to have any demographic characteristic taken favourably into account on their behalf, but an employer has the right to consider the goals of the organisation and the interests of American society when making decisions.
Ricci v. Stefano
2009 - 20 (19 white, 1 Hispanic) firefighters from New Haven, Connecticut alleged that they had passed their promotion test, but had been denied their promotion as no African Americans had passed the test. This was ruled to violate the Civil Rights Act (1964), and the department’s policy was struck down.
Arguments in favour of AA - It has been a success
AA has clearly had a positive impact on US society, with African Americans and Hispanics having become wealthier, better-educate and better-represented in Congress. If it has not been fully successful, that is because it needs more time.
Arguments in favour of AA - Racism still exists
Racial profiling is evidence that racism still exists in US society - AA helps to break down social barriers between races, and undermines the assumptions on which racism is based, by promoting diversity at work and in education. By increasing Congressional representation of ethnic minorities, AA allows for a stronger anti-racist voice in politics.
Arguments in favour of AA - Anti-poverty campaigns do not go far enough
The fundamental problem of race relations in the US is not that minority groups are poorer, but that they have a smaller chance of success, both educationally and economically - AA tackles the root cause of racial inequality.
Arguments in favour of AA - America is still de facto segregated
In cities like Baltimore, Atlanta and St Louis, many schools are still as mono-ethnic as they were before Brown. AA will correct this by creating diversity and building bridges between communities.
Arguments in favour of AA - It is economically efficient
Racial inequality is inefficient, as it leaves a major resource (minority workers) unexploited, which is detrimental to the US economy. AA allows talented African Americans and Hispanics to fulfill their potential, by giving them access to degrees, and other opportunities.
Arguments in favour of AA - It is a form of reparations for slavery
The US government is responsible for setting African Americans back socially and economically by their endorsement of slavery. It is too impractical to make cash payments as reparations, and the next best thing would be to recognise the inequalities that exist and make efforts to correct them, as AA does.
Criticism of AA - Violates the 14th Amendment
AA, by using positive discrimination, inherently violates the equal protection clause, no matter how small a factor race is.
Criticism of AA - It is inefficient
AA most benefits the existing African American middle class, rather than effectively creating a new one - already well-educated children will benefit just as much, if not more than disadvantaged children.