Affirmative Action: Crash Course Government and Politics #32

Affirmative Action: Overview

• Definition: Affirmative action refers to programs aimed at redressing historic injustices faced by specific groups by ensuring they have access to educational and employment opportunities.

• Purpose: Its primary goal is to address and rectify discrimination against historically marginalized groups.

• Key Aspects: Provides special access to opportunities in education and employment that may not be available otherwise.

Controversy Surrounding Affirmative Action

• Two Concepts of Opportunity: While Americans generally support equality of opportunity, there is contention over what that means in practice. The debate includes access to education and jobs versus outcomes achieved through those opportunities.

• Public Perception: Many people see equality of opportunity as important, but there is resistance to government interventions that aim to assure equality of outcomes.

• Metaphors: The concept is often likened to a 'thumb on the scale' or a 'head start in a foot race' in the context of balancing the competition rather than creating results.

Historical Context

• Origins: Affirmative action began under President Lyndon B. Johnson, who ordered agencies to increase minority employment and contracts.

• First Legal Challenge (1973): Regents of the University of California vs. Bakke: The Supreme Court ruled that while racial quotas in admissions were not allowed, affirmative action programs could be permissible if they serve a compelling government interest, particularly in promoting diversity.

Supreme Court Rulings and Trends

• Compelling Government Interest: The court ruled that government interest is best served through maintaining diversity in educational settings rather than righting historical wrongs.

• Later Cases:

  • Adarand Constructors Inc. vs. Peña (1995): Struck down government racial preferences in business contracting, emphasizing the need for strict scrutiny in such matters.

  • Gratz vs. Bollinger (2003): Michigan's undergraduate admission policy that awarded extra points for minority status was unconstitutional.

  • Grutter vs. Bollinger (2003): The law school admissions process was upheld for its narrowly tailored goals to promote diversity but indicated a potential shift in future necessity.

Current State and Challenges

• Legal Scrutiny: The Supreme Court maintains a watchful eye on affirmative action policies, striking down those resembling quotas while allowing for programs promoting diversity.

• Proposition 209 (1996): This California law ended affirmative action in public employment and education, leading to a decline in enrollment for African Americans at UC schools despite some increases in graduation rates.

• Public Sentiment: Opinions on affirmative action are complex; support exists due to the recognition of ongoing disparities, despite significant opposition to formal affirmative action policies.

Conclusion

• Ongoing Debate: The necessity of affirmative action is contentious and often colored by personal histories and political viewpoints. Despite legal challenges and changing public perceptions, many believe that some support for minority groups remains essential to rectify historical injustices.

• Future Considerations: The evolution of affirmative action in the U.S. continues to be shaped by judicial rulings, state legislation, and public opinion, reflecting the deep intertwining of history, rights, and politics.