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Sunday, August 10, 2008
Paul Jacob :: Townhall.com Columnist
Compensatory discrimination . . . by any means necesssary
by Paul Jacob
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You may think racial and sexual discrimination is (usually) wrong. But whether you call it "affirmative action" or "reverse discrimination," compensatory racial and sex preference remains in wide use by governments and institutions of higher learning, for hiring, contracts, and college admissions.

A man named Ward Connerly has taken up the policy as his to fight. A group calling itself BAMN (standing, amazingly, for "By Any Means Necessary") aims to protect the established policies. Connerly is serious. So is BAMN, whose members fight his measures "by any means" they deem expedient, principle not being their strong suit.

The struggle is at its most heated in Arizona, land of red rock and cactus. Connerly's American Civil Rights Institute has promoted a ballot initiative in that state, and also similar ones in Colorado and Nebraska. It looks like all three measures will appear on these state ballots come November. (Petition drives to put similar initiatives on the ballot in Missouri and Oklahoma failed.)

The idea behind the measures is to make any state contracting policy — or state-supported college acceptance standards — completely race-free. Similar initiatives were voted into law in California in 1996, in Washington in 1998, and Michigan in 2006.

While Connerly is of mixed race ancestry, his opponents allege that most support for his measures comes from white populations. The defense of affirmative action policies, on the other hand, tends to come from some sectors of African-American communities and other minority populations, but most prominently from liberal and leftist groups like BAMN.

Charmingly, BAMN chairwoman Shanta Driver argues that affirmative action must continue until every element of inequality is eradicated from the country. Since inequalities will likely persist as long as there remain distinct races with distinct histories, Driver's favored favoritism resembles John McCain's Iraq occupation, slated to go on practically forever.

The Supreme Court, on the other hand, hopes that such policies will no longer be necessary within 25 years, as Sandra Day O'Connor carefully hedged her support for obviously unconstitutional reverse-discrimination standards.

It wasn't always like this. Our nation began, as history tells us, with startlingly different prejudices. Just think of slavery, which in America was race-based and quite ugly. Slavery was a private crime that was legitimized by state support. It was even half-legitimized (or is that "three-fifths legitimized"?) by the federal Constitution. One could oppose slavery for many reasons; and opponents of slavery came from across the political spectrum. But the central reason, in our country, was a particular conception of equality: not to make people equal, but to respect their equal, shared humanity . . . a different thing.

This kind of equality proves subtle enough to confuse modern liberals. It is equality before the law, and it does not require that we pretend that people have equal talents and interests and passions (they do not) much less to use state power to redistribute wealth to "make them equal" in terms of bank accounts or social status. Equality before the law — an absolutely central notion to our democratic republic — means equally applying the same standard, irrespective of a person's sex, race, wealth, or what-have-you.

Because slavery and sexism contradict the ideals of liberty and equality before the law, slavery and sexism are wrong. Yet now, under compensatory racial and sexual preferences, we're supposed to unlearn this lesson. Why? Because its proponents claim to have good intentions? Even a "good" end ought not be pursued by destructive means.

But I guess that's part of the "by any means necessary" philosophy.

BAMN fires with all barrels against Connerly's anti-discrimination initiatives. In Arizona, BAMN members have engaged in "blocking," harassing petitioners and potential signers ever so creatively. The group is challenging the collection of signatures, and makes repeated (and quite extreme) allegations about "fraud." White citizens who have been canvassed by BAMN activists often mention the guilt trip laid upon them. The suggestion always remains: If you oppose "affirmative action" then you are racist.

Take heart, BAMN targets: The opposite charge is easier to argue. Affirmative action amounts to de facto racism, being based, after all, on racial preferences. Equality before the law is the very essence of the old-time opposition to racism and sexism.

It may interest us to learn that, after the affirmative action standards were made illegal in California, Washington, and Michigan, minority enrollment in colleges at first dipped hard, and then renewed. But, no matter what the statistical results, it's the ethical principle that remains. Our purpose must not be to make people equal — and accept this equality as the "only good result" worth talking about — but to affirm principles that make the still too-common obsession with group affiliation irrelevant. This is the moral high road.

It stands to reason that obsessing about group affiliations — as must any supporter of affirmative action — is no way to end the obsession with group affiliation.

It's about time for Americans to stand up for reason . . . to learn, again, how to discriminate.

Discrimination, remember, is not wrong. Discrimination by irrelevant standards is wrong.

Voters in Arizona, Colorado, and Nebraska will have a chance to decide this issue through citizen initiatives placed on their states' ballots this November. They won't express their wills "by any means necessary," they will express them legally, through the democratic process.

I trust they'll vote affirmatively. That is, for equality before the law, which does indeed affirm all — all who would live in peace, freedom and justice.

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About The Author
Paul Jacob is President of Citizens in Charge. His daily Common Sense commentary appears on the Web, via e-mail, and on radio stations across America.
 
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Defending AA
Defending AA is simple. Should life be fair? If not, why only for African Americans? If life is unfair why shouldn't whites overcome the unfairnest of AA like you tell blacks to overcome discrimination? Second prove getting rid of AA would stop whites from complaining when they lose a job or position to a black person. AA has nothing to do with race but is all about winning and getting what you want. Noone is against AA in order tohave blacks beat whites out for positions, and noone is in favor of AA in order to have whites get those positions.

Slavery was Race Based?
I suppose you could call it race based but only if you include the English and Irish as races. The North had quite a number of slaves, although they called them identured servants. They were all white and officially would be freeded after seven years. Some were; some weren't. Many were treated far worse than the blacks in the south since the Northerners knew that they couldn't officially keep them forever.

Hyphen Americans
It is time to drop the hypen. We are Americans! Oue experiment in this country is one of equality for all. It is not always perfect, but either are humans. The objective is to strive for the best. While perfection is unattainable, this is the best form of government ever devised.

John
Are you surprised that Congress exempts itself from so many of the laws they pass? The laws are for the commoners not the elites.

EEO Is Not For Everyone
Take a look at the federally mandated Equal Employment Opportunity Program for Federal Work places. It encourages so-called minorities to file complaints when things don't go their way. It wastes millions of tax payer dollars each year investigating fraudulent claims. You have your "Hispanic" Representative, "Female" Representative, "Asian-Pacific" Representative, "African-American" Representative, "Handicapped" Representative, etc. But, where is the "White Male" representative? It doesn't exist because the whole program is based on the invalid assumption that white males are naturally racist and prone to oppressing all others. The program provides protection for the poor opressed women and "people of color" against the evil white man. However, when white males are frequently discriminated in the federal workplace by their minority bosses, where can they turn? If they can find someone to take their complaint, it is automatically assumed to be without merit. Oh, did I mention that it appears to be an unwritten rule that you either must be a person of color or a white woman sexually servicing a black man to be an EEO counselor? Also, did I mention that congress passed these laws yet, they themselves are exempt?

Affirmative Action
I truly believe that affirmative action has served its purpose and should be discarded. People have opportunity available if they are only willing to take advantage of it. There are many examples where people who have had horrible childhoods have risen above all their problems to make good by applying themselves, getting an education and preparing for life.

In talking about racism; I am TIRED of hearing sooooo many people play the race card. Racism would die if only people would stop taking about it.

The citizens of New Orleans who continue to moan about "needing help" need to get up off their "rumps" and use the hands at the end of their arms. We have not heard whines coming from MS,MO,IL,CA,KS or IO, and there was much devastation in each of those states due to elements of nature.

New Orleans did not have the wisdom to elect a new Mayor who had good management and organization skills. Therefore, they are reaping the consequencies of badly managed funds.

Affirmative Action
Why has nobody pointed out the statement by Martin Luther King that he wanted people to be judged by their character, and not their color. That is not affirmative action.

What are the grad rates?
AA in the university systems all start out with the same observation: minorities are underrepresented in the freshman classes, and then the AA advocates immediately leap to the conclusion that a) white racism is to blame, and 2) minorities are not getting an education; therefore some remedial action is needed. The most blatant example of this is the University of Michigan’s admissions standards (pre Bollinger), illustrated by the bar graphs at the end of this article http://www.uiowa.edu/~030116/116/articles/bronner2.htm . Note how the standards have been lowered for minority applicants not only by lowering the GPA/grade requirements, but also by the creation of a fourth category, “Admit to remedial program.” One might logically ask why a supposedly top university is wasting resources on ANY remedial instruction – that’s what community colleges are for. If minorities (or anybody) fall short of the numbers, they can go to community colleges, establish their academic records, and transfer to a university.

Instead of using the number of minority freshmen admitted as an indicator of fair treatment, schools should use the minority graduation rate. If their graduation rates are the same as non-minority students, then where is the racism? Any lowering of the entrance requirements will result in higher drop-out rates for them. This is probably happening under AA, but we don’t know for sure because schools keep minority drop-out rates a secret.

THE PROBLEMS of the USA
Are mostly rooted in our loss of state SOVEREIGNTY !
The framers of our constitution believed each state should remain Solveregin and people should be GOVERNED primarly by these small SOLVEREGIN COLONIES.
Srnse the civel war, Congress has had a mission to stamp out STATES SOVEREGINTY. Their mission is almost complete .
Individual FEDRAL TAXATION mostly was a tempary war tax after 1941 and has never been removed WHY ?
I believe our founders seen what we are witnessing now. Our public schools have become a history rewriting , anti constitution, anti God, anti Capitalist, Socialist indoctrination class that we are required to send our children to.
In efect we are now being governed by our most socialist leaning population cities BUT the rest of the country are required to support them

i try to please
Ok Ok Ive given all my slaves the day off, happy now?

Affirmative action?
A/A is a euphism for F-Bomb the WHITE MALE

these people obviously don't read
People who believe everyone must be completely equal in every possible way obviously don't read. "Harrison Bergeron" by Kurt Vonnegut clearly demonstrates what happens when the ultimate equality is enforced by the government. Look it up. You can find the story to read for free online.

That said, affirmative action, as it's currently interpreted by pretty much everyone, is the most racist, sexist legislation one can possibly imagine. I reject the idea that, as a woman, there is no way I can compete intellectually with my male collegues. I reject the idea that my minority students--black, Hispanic, Oriental, or what have you--are incapable of the same types of effort and achievements as my white students. I reject the idea that we (women and minorities) need a head start before things are "fair." It seems to me that affirmative action is not only racist/sexist, but the most condescending, patronizing, *subtle* form of racism/sexism out there.

Scotch Indian
Brilliant. But be careful saying such things around bureaucrats. They'll think you're serious and get ideas.

A modest proposal
Why don't we set up a government agency to determine a "victimhood quotient" for every American!

First step is the racial classification. We can start with some good historical precedents. Mark Twain noted the classification scheme used in the old South running from mulatto, quadroon, octaroon to "high yaller". If that isn't sophisticated enough, then the government might study how the Germans classified the Jews.

Now, it starts to get more complicated. What if you are a quadroon, but your African forebear came to the United States from Jamaica in 1955. Well, clearly the American people don't owe you anything for what happened in Jamaica, so we need a factor for that. Perhaps we can bill the British?

Another level of complication. You have been classified an "All American quadroon" with no complicating Jamaican or other factors, but your African American father was admitted to Harvard due to racial preferences, attended on a scholarship, and is now a surgeon making $800,000/year. How does this affect your quotient? Has America's debt been cancelled? Do you owe money back?

Now, genetic testing confirms that your forebears were part of an African tribe in which most of the people sold into slavery were captured first by other tribes and sold by them to the Europeans. What's the quotient impact, and should we bill Sierra Leone?

Getting tired? I'm just getting started. What if you are a high yaller lesbian with some American Indian blood and parents who were mean to you ...

“By Any Means Necessary” ...
... And they aren’t kidding. I lived in California when the people passed Prop 209 in 1996 to eliminate race-based state contracting and college admissions, and guess what. The state university system just ignored the law. In fact, they turned it on its head by claiming the law supported affirmative action.
http://www.universityofcalifornia.edu/facultydiversity/exec utive-summary.pdf San Francisco mayor Willie Brown came right out and said, in no uncertain terms, his city would also.

“...in California, Washington, and Michigan, minority enrollment in colleges at first dipped hard, and then renewed.”

That’s because the universities found out that they could defy the law and not suffer consequences.

For further reading, Heather MacDonald http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=26 670 provides a good write-up on the fallout of Prop 209.

I now live in Arizona, and predict the same outcome because we have a flaming liberal for a governor.

Independent Thinker
"Not all of us have ancestors dating back to the era of slavery in this country."

Many residents of the Western Hemisphere have mixed ancestry dating to the period of conquest and enslavement. But I think that railfancwb was also talking about other groups and earlier times. If he wasn't, I'll inject a few of them.

The Black Irish, for example, descend from survivors of the Spanish Armada, and Gypsies can be traced to India. DNA studies have shown that fairly many residents of the British Isles (not to mention Walachia) have African genes probably introduced during five centuries of Roman occupation. Another study suggests that Caucasians are relative newcomers, having arisen in the parts of northern Europe where agriculture wheat was cultivated early, maybe 7,000 years ago. The out-of-Africa theory gives us a common ancestor about 2,000 generations ago. The Bible makes us more closely related. And one statistical study raises the possibility that everyone had a common ancestor as recently as 2,000 _years_ ago. And then there are Kennewick Man, the Jews of South Africa, and the white accounting professor related to Genghis Khan.

Bottom line: there's only one race, the human race. Divisions thereof are blurry, fleeting, generally inconsequential, and often imaginary; and dwelling on them is usually counterproductive.

"You can't keep a good man down..."
...and so it follows that if an individual or a race or any group of people is being "kept down", oppressed, and so on indefinitely...well, they simply must not be good people then, correct?

Coveting the Mountaintop, cont.'
BTW, the 3/5ths compromise actually helped hasten the end of slavery by lessening the political power of the slave states: By resulting in the census of fewer people to represent, with fewer elected politicians, those jurisdictions wielded considerably less clout in Washington, thus hastening the demise of Southern influence, culture, and ultimately their way of life completely.

Ward Connerly's project is one I support wholeheartedly, although it doesn't impact things as much as one might think it would. Marxists are too entrenched to stop the "diversity" madness. Yet Connerly's efforts MUST continue, and MUST succeed on their merits.

The damned BAMN and ACORN commies are just plain evil, and must be stopped by simply standing up to them in the light of day and refusing to be intimidated by charges of "racism."

The way I see it, it's going to take a whole lot of "bigotry" to save the West from the fascist tyrannies of Islam, and from the Lilliputian thousand cuts of minority interests.

Coveting the Mountaintop
Very good article.

So many insist on "levelling the playing field" while all along, coveting that mountaintop.

Think about it.

Without inequality, there can be no such idea as "achievement."

"White privilege" is based moreover on achievement--on delayed gratification, discipline, initiative, ingenuity, etc.--than on any presumed, anachronistic legacies of oppression. I hold that truth to be self-evident.

But even if nepotism and racism and discrimination are involved, so what? The whole point of achievement and prevailing over competitors is to afford your kin and deserving, chosen associates a seat at the table.

The fundamental right to Freedom of Association can be readily found in the Constitution, while any right "not to be discriminated against" cannot.

Any employer or organization ought to be able to include or exclude whoever they wish, for any reason or whim they deem appropriate whatsoever. Government interference will only, and always, corrupt that principle.

Ward Connerly is indeed a hero. Study up on his story and you'll see that much more why.

Unfortunately, even in states where his ballot intitiatives have passed, rampant affirmative action and quota systems and "diversity" mongering has continued--how the hell can liberty be protected, enforced, when Marxists(both adamant ones and unwittingly brainwashed, zombie-like drones of Marxists) occupy virtually all the posts in the bureaucracies?


Affirmative Action and Discrimination
I'd read the following line in a work of fiction once; to me, it succinctly explains those who back Affirmative Action so vehemently:

"When you start to believe everyone you deal with is lying, why then soon you believe everyone is a liar. And then how do you ever know when you're speaking to someone who's telling you the truth?"

So it seems with these people. Everything, all motivations, all actions, must be for reasons of racism and discrimination. No other answer is possible, since no other answer can exist in their minds.

Speak for yourself, rail:
Not all of us have ancestors dating back to the era of slavery in this country. For instance, my ancestors came over from Russia in the early twentieth century, as did many others here.

Ed Wallis
On the contrary, Affirmative Action is NOT based on new law by Congress. The first time the term was used it was by JFK in an order to federal departments on hiring. In 1965 it was greatly expanded by LBJ to what we have now. Subsequent court rulings made it OK based on a remedy for “past discrimination” through a tortured ruling.

http://www.infoplease.com/spot/affirmativetimeline1.html#19 65



WAKE UP, "Vic"
Get a cup of coffee and realize that, shortly after that 1964 law was passed, Democrats passed MORE laws (see: Affirmative Action) to discriminate.

That's what has brought us to the state-sponsored racist and sexist condition in which we live today.

"Repeal" the existing laws? Sounds easier than done - ask Connerly.

Descrimination is illegal
Discrimination based on race was made illegal with the 1964 Civil Rights Act. The language is clear no matter what the idiots at the courts have tortured out of it. It says:

General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this subpart applies.

It is amazing to me that any judge could rule that, in spite of this language, it is OK to discriminate against whites. This act was originally applicable to federal positions and groups that received federal money. Subsequent court rulings have extended it to nearly every aspect of public and sometimes even private life. That is, as long as it is a black individual being discriminated against.

My position has always been that if you want to discriminate then you need to repeal this law.

http://www.usdoj.gov/crt/cor/byagency/28cfr421.htm

Good column
I have only one quibble, over this sentence: "Just think of slavery, which in America was race-based and quite ugly." Most slaves in the American colonies were black, and most slave-owners where white. The institution was never completely dichromatic, however, and in the early days it was extremely variegated.

Whites enslaved blacks, of course; but they also enslaved Indians and people of various nationalities, many from captured ships. Whites even enslaved one another, usually for debt.

Indians started enslaving their neighbors long before European contact. Some Indians made slaves of whites taken in battle, and at length a few unusually prosperous ones had black slaves taken in the marketplace.

From time immemorial blacks had suffered involuntary servitude in Africa under fellow Africans and Arab invaders. Not many free blacks owned slaves on this side of the Atlantic, but the practice wasn't unheard-of. I've never found evidence of a black owning a white slave, but I shouldn't be astonished to learn that such a case existed.

In practice, indentured servitude often differed from slavery only in duration. Indentured servants of various colors worked off their indentures and became free; some of them later had indentured servants of their own. More than one black had a white indentured servant.

None of this makes slavery any less monstrous. My point is only that it wasn't always so simple as it's usually described.

Good article
by Paul Jacob. I'm sure the black racists will hate it.

No leftist has ever successfully defended affirmative action (AA). They tend to claim it "levels the playing field", but if it tilts the field toward blacks, isn't the field still unequal?

Too many black Americans have made careers out of shouting "white racism" at the drop of a hat. Based on the referendums in California, Michigan, etc., it seems that that era is fast coming to a close. The sooner, the better.

Few things..
I would like to know the exact statistics of a perfectly equal society. Measures are critical, if your going to base your philosophy according to:

"The idea behind the measures is to make any state contracting policy — or state-supported college acceptance standards — completely race-free."

In any event, the ambiguous statement of completely "race-free" ought to be defined specifically. Simply, if the mark is unknown, it is impossible to achieve.

Is it bases on a census of the population oh whole? If so, must not the races must be defined, then tallied? Next, all available existing positions in public and private life constantly monitored to achieve exact equilibrium with the race population data? (side note, this is the basically the basis for title IX as far as I can tell)

For all those who think that is unnecessary, for example, NFL players are approx. 80% black but, I still hear cries of racism on an occasion (from black players, etc.).

If so, do you fire the existing Anglo work force and be short staffed until the proper amount of qualified Asians, Indians, Africans, etc., can be hired?

Do we fine companies and institutions who are not in compliance? Should there be Race Adjuster services that companies can hire to affirm compliance to avoid penalties?

If 30 States have white male representatives in Congress, should the remaining states be obliged to only choose from non-white women to assure statistical race/sex-free congress? Should this extend to ideology and sexual practice? How about religious affiliation (I'm sure the Atheists will appreciate some consideration...you know, in the spirit of "equality"). It goes on and on.

I always found this idea in all situations very confusing and should be clearly defined BEFORE anyone would consider supporting them. Unless of course you ARE a racist (hmmm...).

Interesting...
Obama has a black father and white mother and calls himself black. Connerly and Ortadragoon also have black fathers and white mothers and call themselves mixed race.

Truth be told, if we dig far enough back into our ancestry, we will find not only the "horse thief" which is the traditional threat, but also some one(s) of races different from what we claim. So in fact we are all mixed race to some degree.

BTW
It's all about the Benjamins. Groups like BAMN have made discrimination real or imagined into a very lucrative cottage industry. Eliminating AA programs means they lose their seats on the gravy train. Say no more.

Conundrum
I voted for prop 2 proudly and was excstatic when something like 60% of the voters agreed. As an example of the failure of AA programs, our state has two public law schools, one with an AA admissions policy(UofM) and one without(Cooley). For the most recent year figures were announce, UofM had 12% minority enrollment(+/-) and Cooley was over 35%. Go figure.

Agreed
I'm of mixed race like Connerly (black father, white mother, although I relate more to white side than he does) and I really admire him. He's a personal hero for me, a mixed conservative who shares my dream of tearing down ALL racial walls. Granted, I'm only 18, but we all can make a difference.

I really hope this gets passed. I don't expect anyone to give me a pass because I happen to be mixed. It's pathetic to assume that in my opinion. America is about hard work and responsibility. Not getting a free handout, although thanks to welfare, some people do live off of those.
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