Affirmative Action Debate Rages on at UT




by Randy Cooke

It began with President Richard M. Nixon's administration-- government programs designed to provide equal opportunity for all people in this country. When Nixon implemented the Philadelphia Plan in 1969, construction unions were racially exclusive and intolerant of minority acceptance and participation. The Philadelphia Plan however, was designed to remedy this segregation and established goals that compelled these lily-white construction unions to integrate themselves. The Nixon administration was clear in establishing the differences between goals and the much maligned quota system. Even though numeric and temporal goals were set for these institutions, greater emphasis was placed on the efforts of the unions to provide equal opportunity than the resulting composite. "Compliance was judged not by an arbitrary look at the numbers alone but by a broad review of a contractor's effort to provide equal employment opportunity," writes Nixon in his final book, Beyond Peace.


The birth of affirmative action. Sadly, the merit of affirmative action programs in this country has been compromised by modern liberal dogma. The concept of affirmative action is not inherently wrong-giving opportunity where opportunity is non-existent. However, the residual effect of modern liberalism on society has altogether changed the vision of many social programs in this country. Specifically, the mission of affirmative action has shifted from "guaranteeing opportunity" to "garnering diversity." There is much more to "diversity" than mere ethnic sundries-but liberals cannot see this. Their perceptions of social ills and their covenanted big-government solutions have convoluted the problems at hand. In altering this vision and justification for the existence of affirmative action, liberals have created an entirely new dependency on this social "remedy."


In essence, modern affirmative action is the lowering of objective standards to "garner diversity" in the form of minority extra-inclusion. This is not a euphemism, this is fact. The existence of separate performance-based-criteria, greatly influenced by race or gender is wrong. It's just plain wrong. The U.S. Supreme Court in Bakke v. California, ruled that in higher education, separate admission criteria that discriminates based on race is unconstitutional. The U.S. Fifth Circuit Court of Appeals remained true to that rationale in Hopwood v. The University of Texas at Austin, requiring the University to eliminate all race-conscious admission standards and scholarships. The University of California System, respecting the popular sovereign mandate of Proposition 209 has also banned affirmative action in admissions.


So who continues to hold true to this fallacious social remedy called affirmative action? There are two types of people who support these racial preferences. The first owe their careers and relative successes to affirmative action. This group has a vested interest in the vitality of these programs because these folks are only as credible as the institutions that got them where they are. The same is true for any institution -- if a college or university is proven to sell their degrees for an appropriate price, everyone who was educated at that given institution suddenly has the integrity of their education questioned. affirmative action is an institution, however ill-structured it may be.


Oscar de la Torre, a self-proclaimed "proud recipient of affirmative action," appeared on the Bryant Gumble show in December 1997 following a debate over racial preferences at The University of Texas. De la Torre vehemently defended racial preferences, arguing that affirmative action "didn't write the papers or take the tests for students." He is absolutely, one hundred percent correct. However, when students failed to write good papers or perform well on tests in high school and even in college, affirmative action said, "That's okay if you didn't score well. Your scores don't matter because you add to our campus diversity. So, we'll lower the bar for you and let you in." That is what affirmative action does.


Making astute note of affirmative action's vicious circle of effects, Professor Lino Graglia, who teaches constitutional law at The University of Texas, extemporaneously began the recent campus-wide debate over race-conscious admission criteria by saying that some minorities could not compete in some institutions of higher education. While Graglia is not an anthropologist and really has no grounds to explore the root of the problem, his observation is profound. Ironically, Graglia has been saying this for thirty years and these ideas are not anything new.


The effects of lowering objective standards to "increase diversity" on college campuses is most detrimental to the students who have the requirements waived for them. Universities that have these manipulative criteria find themselves investing hoards of money in retention programs for these students. These students are having great difficulty competing. Quite certainly, Professor Graglia was speaking to the recipients of affirmative action -- which coincidentally, happen to be largely African-American and Hispanic.


Not having a true vested interest in these programs, the second person that defends affirmative action does it out of a sense of loyalty to those who are not as fortunate as he. He feels that he received a stellar education, he succeeded and needed no affirmative action programs to do it. However, he sympathizes with those whose education is inferior to his own and is compelled to "lend the helping hand." That helping hand should not be offered to only specific skin colors.


The move to support affirmative action in this country is offered up as the social balance to "white privilege" -- the fallacy that all white folks have an instant membership card to any organization in the United States. "White privilege" is the affirmative action paradigm of Anglo-America. Because of "white privilege" a white male can get any job he wants or socialize any place he desires, implying that "whites only" signs still hang on public facilities in 1997. Try explaining the concept of "white privilege" to a six year old fatherless white kid in inner-city Chicago whose mother works three jobs to keep food on the table. "Kid, because of something called 'white privilege' you will never live in a place like this." How believable is that? "White privilege" is a euphemism that is meant to stir emotions and cloud the issues. And it is successful in doing so.


This so-called "white privilege" is also referred to as "institutional racism." The abuse of the term "racism" has destroyed the impact this word once had on society. People in the 70s and 80s were highly responsive to any implication of racially motivated actions. But the definition of what constitutes racism has devolved and now exists irrespective of impetus. Believers of "white privilege" offer racism as anything that works against the agendas of non-white America whether or not oppressive results were intended. Dismissing intent and considering only residual effects and then reconstructing the definition of racism has exhausted the credibility of Pro-Affirmative action America. This newly constructed theory of racism is used inter-changeably with the traditional view of racism, complicating dialogue and frustrating both sides of the debate. As much as the theory of "white privilege" is emotionally euphemistic, so too is the concoction of "institutional racism."


The denial of opportunity in this country is no longer decided on the color of one's skin. The denial of opportunity in this country is based on economics. The problem is that public schools are failing. Chances are, if a family can afford to send its children to the best school money can buy, it would do it in a heartbeat. Quality education should not be denied because public schools are unable to compete with private institutions. Until public schools can compete, school vouchers should be offered to parents to make the best educational facilities accessible from a financial standpoint. It is imperative that children have the best primary educational opportunities if the vicious cycle of affirmative action is ever to end.


Long term-what can public schools do to improve the quality of the education they offer?


There has been a lot of hoopla over national standards for public high schools. That's a great idea; it's already done and it's called the Scholastic Aptitude Test (SAT). But, President Clinton is adamant about implementing these new educational criteria for public schools. This is another example of modern liberalism genuflecting at the idea of big-government solutions. Why would anyone conceive of creating a national standard that is inevitably going to be beneath the achievement level of many schools and so grossly unachievable for ten times as many? This is nothing more than a gauge for exactly how bad our schools are and how dumb we were for not implementing a voucher system ten years ago.


Here is the real solution. First, states need to eliminate the dropout age. If a student does not want to be in class, he should not be there, plain and simple. The student, if forced by law to sit in the classroom, will be disruptive and prevent his classmates from engaging in the learning process. Teachers have to take time to fill out disciplinary referrals to the principal regarding the unruly behavior and then the principal returns the kid to class to be disruptive again. What deters the dismissal of this student? State funds based on enrollment-this system must be eliminated. School systems would much rather have disruptive behavior and money than actual learning and no money. Perhaps the student would be better off returning to school when he was mature enough to understand the value of an education-his classmates sure would be. At that point he should pay for his education.


Clearly, the misdirection of President Nixon's concept of affirmative action and the erosion of educational quality in public schools are two of the greatest problems plaguing higher education heading into the twenty-first century. Society must continue to push for equal opportunity, but abandon attempts to guarantee equal outcomes. "Amending not ending" affirmative action may be a solution, short-term. However, as the most loquacious proponents of this flawed social crutch assert that the elimination of these programs will take America back to the pre-Affirmative action days, it becomes more evident that these programs are getting America nowhere fast. If after eliminating a program of thirty years, no signs or results of existence are visible, then obviously affirmative action has not done the job it was designed to do.


America must look past symptomatic remedies. The core lies within primary education. Instead of creating more bureaucracy to study the studies of these problems, we must implement solutions. Vouchers, in the meantime, will allow parents to better their child's education while politicians continue to argue over whose fault it is that Americans are not competing.


Cooke is the Vice-President of the UT Student Government.