US Racial and Ethnic voting

Question 1

What is affirmative action?

Answer 1

The name for a range of programs designed to extend opportunities for minority groups, primarily in education and employment
o Can take a variety of forms; some, such as quotas for educational administrations or courses, have been argued to be unconstitutional (Reg. of Uni. of Cali. V. Bakke), some, which make race a “plus factor”, have been approved (Grutter V. Bollinger)

Question 2

What is the compensation argument for AA

Answer 2

For the deprivation attributable to the legacy of slavery. LBJ in 1965 issued EO (11246) which enforced A.A and banned employment discrimination
o 1961 – Kennedy created the Equal Employment Opportunity Commission (EEOC) by EO – required projects financed with federal funds to take A.A to ensure employing practices were free from racial bias

Question 3

What is the ongoing discrimination argument for AA

Answer 3

o There is evidence of continuing discrimination – racial profiling, disenfranchisement, mandatory mediums. Even if racism has diminished, it is likely that the entrenched white dominant class will hire someone like themselves
o Black boys are three times as likely to be suspended than white boys, black girls are four times more likely to be suspended than white girls
o In Illinois, black and Hispanic drivers were twice as likely to be stopped by police - white drivers were twice as likely to have contraband
o Black males from 15-34 are nine times more likely to be killed

Question 4

What is the diversity argument for AA

Answer 4

o Michigan Mandate – In 2003 Grutter V Bollinger, SCOTUS upheld affirmative action admissions policy of Uni. Of Michigan – Justice O’Connor: “in order to cultivate a set of leaders with legitimacy in the eyes of the citizenry, it is necessary that the path to leadership be visibly open to talented and qualified individuals of every race”
o Elizabeth Anderson: “unless disadvantaged racial groups are integrated into mainstream institutions, they will continue to suffer from segregation and discrimination”

Question 5

What is the mismatch argument against AA

Answer 5

o About half of black college students rank in the bottom 20% of their class
o A study showed that many black alumni felt more intellectually comfortable surrounded by a peer of fellow black students than white – since Princeton’s opening, 37% of black alumni agreed
o Scalia said “it does not benefit African-Americans to get them into [universities] where they do not do well, opposed to having them go to a less advanced school … where they do well”

Question 6

Why has the S.C meant AA has failed to eradicate racial inequality

Answer 6

o Regents of the University of California V Bakke (1978) was a case which upheld affirmative action, allowing race to be one of the several factors in an admission policy. However, they set the precedent that specific racial quotas are impermissible (e.g. 16/100 seats for minorities at University of California)
o City of Richmond V J.A Crosen Co. (1989) – ruled Richmond’s minority program which gave priority to ethnic minority business enterprises in the awarding of municipal contracts was unconstitutional under the Equal Protection Clause

Question 7

What is the disadvantage argument against AA

Answer 7

• Disadvantage – creating a preference for one group automatically creates a disadvantage for another:
o Louis P. Pojman argued that we should respect people as ends to themselves rather than a means to be used for social purpose
o Discrimination is bad because it fails to treat black males as individuals, and judges them on their skin and race. He argues that AA is equally wrong for also failing to treat white males with dignity as individuals, judging them by their race, and not merit