California Proposition 209The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education or public contracting. |
Challenges to affirmative action generally focuses on the following three questions:
- Is it constitutional / legal?
- Is it morally justified?
- Is it practical?
Pro |
Con |
"In order to get
beyond racism we must first take account of race. There is no other
way. And in order to treat someone equally, we must first treat them
differently."
- Justice Harry Blackmun
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"The equal protection
standard of the constitution has one clear and central meaning -- it absolutely
prohibits invidious [repugnant] discrimination by government...Under our
Constitution, any official action that treats a person differently on account
of his race or ethnic origin is inherently [by nature] suspect and presumptively
[probably] invalid...Under the Constitution we have, one practice in which
government may never engage in the practice of racism -- not even "temporarily"
and not even as an "experiment."
- Justice Potter Stewart
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"The
unhappy persistence of both the practice and the lingering effects of racial
discrimination ...is an unfortunate reality...and the government is not
disqualified from acting in response to it."
- Justice Sandra Day
O'Connor
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"Too
often the result of affirmative action has been an artificial diversity
that gives the appearance of parity between blacks and whites that has
not yet been achieved in reality...Preferences tend to attack one form
of discrimination with another...Affirmative action encourages a victim-focused
identity, and sends the message that there is more power in our past suffering
than in our present achievements."
- Shelby Steele, Professor
|
"...The Court
...[recognizes]...the persistence of racial inequality and a majority's
acknowledgement of Congress's authority to act affirmatively, not only
to end discrimination, but also to counteract discrimination's lingering
effects. Those effects, reflective of a system of racial caste [legal
segregation and discrimination] only recently ended, are evident in our
work places, markets, and neighborhoods. Job applicants with identical
resumes, qualifications, and interview styles still experience different
receptions, depending on their race.
- Justice Ruth Bader Ginsburg
|
"Affirmative action
is...an effort to correct an immense historical injustice with small doses
of "injustice" in the present. It is an effort to lift some blacks...into
the middle class. It should properly be seen not as a sacrifice by whites
for the benefits of the next. The cost is paid today--by whites shunted
aside, and, more subtly, by the blacks obliged to doubt that their advancement
is personally deserved. ...The payoff will come tomorrow, when a
new generation of black children is born into the middle class...In any
event, affirmative action can work only at the margins. It can pull
up only those who are ready to be pulled up. It can do little or
nothing for the mind-numbingly dreadful problems of ...crime, drugs, children
bearing children, family atomization [breakup], despair, peer pressure
to fail in school, and all the fearful rest.
- Hedrick Smith, Journalist
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Pro |
Con |
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What is your opinion of affirmative action? How effective is it? Weigh the merits of affirmative action policies in terms of legality, fairness and practicality.