HISTORY
THEN, AGAIN.
The Massive Liberal Failure on Race
Part 2: Affirmative action doesn’t work. It never did. It’s time for a new solution.
Much of the quota-based implementation of "affirmative action" was enacted by LBJ's successor, Richard Nixon
I.
In 2009, I attended the NAACP’s 100th annual convention at the Midtown Hilton in New York. Not just the centenary celebration for the nation’s oldest civil rights organization, this was also the group’s first convention under our newly inaugurated black president. The theme of the week’s events was to pay homage to the great civil rights victories of the past while at the same time defining a new mission for the next century. But on the night NAACP President Benjamin Todd Jealous took the stage for his big speech, when the subject turned to affirmative action, he didn’t sound like he was charting a new course so much as doubling down on the orthodoxy of the past. “The only question about affirmative action,” Jealous declared, “isn’t whether or not we need the hammer. The only question is whether or not the hammer is big enough!”
The line was met with thunderous applause. At the time, this didn’t really stand out to me, because, like a lot of well-intentioned but minimally informed white liberals, I believed in affirmative action. I didn’t have terribly strong convictions about it, but given America’s history it generally seemed like “the right thing to do.” That was five years ago. Then, in the course of writing a book about the history of the color line and our efforts to erase it, I took a closer look at the origins of affirmative action, and its results. Having done so, I’m a believer no more.
In part because of recent Supreme Court cases like Fisher v. Texas, the current national conversation about affirmative action has focused mostly on its use in college admissions, but my focus here will be on affirmative action in the white-collar workplace, the failure of which I observed up close during my years in the advertising industry. Race-conscious policies in college admissions and corporate hiring are different creatures, with different pros and cons, but I came to see that they also share some common, troubling flaws.
When I think back now to the rousing applause affirmative action earned at that Hilton ballroom, I can’t help but wonder why, 45 years down the line, liberals like Jealous are still so fervently devoted to a program so plainly inadequate and ill-conceived from the start. Having botched the effort to integrate American schools through the overzealous misuse of an otherwise valuable instrument, the school bus, the left’s second great blunder on race was pinning the economic fortunes of black America on affirmative action.
II.
Proponents of affirmative action tend to glorify the program by lumping it in with the great liberal victories of the civil rights movement. The phrase “affirmative action” first appeared in President Kennedy’s Executive Order 10925, which called for “affirmative action” to be taken to ensure people were employed “without regard to their race, creed, color, or national origin.” And Lyndon Johnson is usually given credit for enunciating the principles of affirmative action when he called for reparative economic justice for black America in his famous “To Fulfill These Rights” speech at Howard University, saying, “You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and say, ‘You are now free to compete with all the others,’ and still justly believe that you have been completely fair.”
But neither Kennedy nor Johnson ever implemented anything resembling what we now describe as affirmative action—i.e., quotas and set-asides—on the economic front, largely because the Democratic party was beholden to Big Labor, whose unions were adamantly opposed to quotas of any kind. So while the great liberal crusade of the 1960s produced victories in the area of civil rights, it did little in the way of producing actual jobs for black Americans; in some states, black unemployment under Kennedy and Johnson actually went up, hence the frustration that exploded in the urban riots of Watts, Newark, and elsewhere. When Vietnam forced Johnson out of office, the task of implementing a program of reparative economic justice for the victims of slavery and segregation fell to our 37th president, Richard Milhous Nixon.
That Richard Nixon was racist is well beyond dispute—he believed that, moral objections to abortion aside, the practice was justified in the case of mixed-race pregnancies. When giving instructions to the aide who scheduled his appointments and photo ops, Nixon said the Oval Office calendar should have “just enough blacks to show that we care”—setting a precedent for Republican racial engagement that stands to this day. But Nixon wasn’t just racist in the sense of thinking blacks inferior; he was racist in the sense that he subscribed to an actual taxonomy and hierarchy of race—the idea that different groups possess inherent qualities. Asians are smart and industrious. Jews are crafty but lack moral fiber, and so on. When the first wave of studies were published purporting to show that blacks have lower IQs than whites, Nixon, in a conversation with domestic aide Daniel Patrick Moynihan, said he “couldn’t agree more” with the findings. The president was quite generous on the subject of what black people were good at: “Athletics isn’t a bad achievement. You look at the World Series. What would Pittsburgh be without a hell of a lot of blacks?” But he was far less charitable when it came to black talent in other areas: “… when you get to some of the more shall we say profound, rigid disciplines, basically, they have a hell of a time makin’ it. … In terms of good lawyers, even though a lot of them go to law schools, I mean, it is not really their dish of tea.”
Racist as he may have been, Nixon was also a pragmatist. With America’s cities beset by riots, he knew he had to take steps “not to have the goddamn country blow up.” Blacks needed jobs. And as someone who had grown up poor, Nixon did believe in the basic principle of what he called a man’s “right to earn.” Everyone, black or white, had a right to earn a decent living for his family. Nixon just had a limited opinion of what blacks were capable of earning. Another thing the president told Moynihan was that it was his job as president to be aware of the fact that blacks have “basic weaknesses,” and that those weaknesses needed to be taken into account when it came to formulating policy.
The way in which affirmative action was implemented speaks volumes about the motivations behind it. Nixon’s first task upon taking office was to resolve the impasse between civil rights leaders and skilled labor unions. In his first address to Congress, the president announced what became known as the Philadelphia Plan, which imposed goals and timetables for race-based hiring in the city’s unions. Prior to the Philadelphia Plan, under Kennedy and Johnson, affirmative action had always meant to take affirmative action to ensure discrimination was not taking place. Now, affirmative action meant imposing racial preferences and quotas. After its launch in Philadelphia, the program was rolled out in dozens of other cities nationwide. In the meantime, the White House was busy stuffing racial-preference policies into the federal bureaucracy wherever it could find room. In the spring of 1969, Nixon expanded affirmative action mandates from government procurement contracts and applied them to any institution that received any federal funds of any kind, which brought universities, research institutions—basically everyone—into the fold. Then Nixon issued Executive Order 11478, which called for affirmative action in all government employment, bringing huge numbers of black workers onto the federal payroll. Racial preferences, as we know them today, were now sewn into the fabric of the country.