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Affirming Buchanan: Affirmative Action


[Taken from a thread on Pat Buchanan regarding "arguing the finer points of Affirmative Action with Pat Buchanan" and arguing against Buchanan's "100% white" or "almost 100% white" comments.]

It's not "the finer points" - it's the basic principle. But Buchanan goads you into arguing against "the sky is blue" (yes, of course at night it's black) instead of simply insisting that affirmative action is necessary. In fact, you end up arguing against yourself by pretending that black participation in the historical events he mentions was anything more than marginal. The real answer is, "Yes, you're right, Pat, even though blacks have been here for hundreds of years, American History and Politics is almost completely 100% white. Even 100 years after the Civil War and the Emancipation Proclamation and the 13th-15th Amendments this was true. So obviously the situation was not just going to fix itself, whites were not just going to relax attitudes, blacks were not just going to apply themselves, hop into school, hop into good jobs. Even with the Civil Rights Act, with government enforcement of laws on the books (pushed by black protests and black legal actions from the likes of MLK and Thurgood Marshall) it didn't just happen. So to get past the water cannons, the German Shepherds, the severe economic disparities and the permanently tilted playing field, some measures have been required to counter this. Affirmative Action is only one part. It's not the goal, it's a tool, and while we may misuse the tool occasionally and our use of the tool will become more skilled over time, that doesn't mean the tool or approach is fatally flawed. And if you use a word such as "horrid" to not differentiate between Allan Bakke missing out on one grad school slot out of hundreds available, vs. black kids not being able to go to a real school, one with whites where there are books and resources, or blacks denied jobs continuously for a hundred years just because of their skin color, then your command of English vocabulary is extremely taxed. They are not synonymous situations, not even the slightest. I have sympathies for Allan Bakke, and would like to make sure he's taken care of, but I have sympathies for millions of blacks in more dire straits.

There was once a sci-fi movie where aliens had kidnapped 3 children, so the leader of Earth decided to surrender the planet so as not to have the 3 children harmed. It seems ludicrous, laughable, insane, but then the Republican attitude towards Affirmative Action is built on the same weird, absurd premise. Hey, 3 white people got hurt, so let's ignore the plight of tens of millions of blacks!!!

These small cases where a white person gets burned do not rise to the level of "horrid" in the same way that does blacks prevented from voting and participating fully in American government, society, industry, power. The Ricci case is a red herring, but indicative of the difficulties that Affirmative Action brings, because it is implemented by flawed commoners, not by skilled trained surgeons. Affirmative Action can be a scalpel or a chain saw - a lawsuit where blacks are denied promotions is likely a finer-tuned response than integrating the military full stop.

The case of Ricci v. New Haven seems at heart 1 thing - a misplaced emphasis on a testing process only vs. a balanced approach that includes performance on the job, character and team leading skills, comfort with typical tasks. And it points out that likely blacks aren't as good at taking tests as whites. Oops, you may not know what I mean. Because I wasn't good at it either, until I'd failed my Masters' final. Because I assumed that I was supposed to work from my class texts, the lectures, the assignments. But after I failed my test, I discovered what fraternities had known for years - that there were hundreds of old exams available for every course, and the questions didn't change much year to year. I could have been a bigger drunk *AND* had a better GPA. Okay, that's only one part of Ricci. There's also the side tutoring special courses that it may have been more whites took, and I haven't seen a fair comparison on who spent more time on studying. I know I had a job opening I went for, with a list of criteria, and I spent weeks and well over a thousand dollars getting all the certification pieces in that I didn't have, finishing 6 or 7 Microsoft and other exams in 2 weeks. And then they decided to change the requirements for the announced position. This happens all the time, and historically if you're black, it's more likely to happen *against* you than *with* you. The fact remains in Ricci that there are fire departments around the country who manage to run promotion tests and evaluations without lawsuits, so one botched test should not be a huge change in legal precedent.

The arrogance that Affirmative Action is always better, always done well, should be avoided. There are dozens of examples where busing was counter-productive, often destroying the societies it was supposed to help integrate, with marginal benefit of access to resources and real gains for students. Of course making kids spend  2 or more hours on a bus each day would seem to be a huge, obvious flaw, but one that didn't seem to deter a particularly activist judge in Boston and ones elsewhere. That again doesn't mean busing can't be a good solution for some locales, it's just not a one-size-fits-all cornucopia for entrenched racial disparities in education.

[A good non-detailed overview of the merits of the Ricci case itself here. In my case, changes were made to job requirements that targeted only me. In the Ricci case, there was likely surprise both New Haven had set itself up for a law suit, but they were almost undoubtedly shocked and embarrassed at the unwanted biased outcome of their own proceedings.]

Update: Will tack on another (slightly modified) comment I made that seems pertinent:

Try a few classics. Jackie Robinson was "Affirmative Action", by Brooklyn Dodgers owner Branch Rickey. Robinson was a great ball player. Though he might not have been the best of the Negro Leagues. Why not? Because Rickey wasn't looking for the best black player - he was looking for a great player *AND* one who could take being spit on and cursed at and spiked and a host of other indignities. So he wasn't chosen as the best overall player - he was chosen as the best player for a particular situation.

Just one simple example that you can rarely just open up human structures and they equalize like a machine would. Water and electricity aren't biased, don't have memory, they just flow. People are and do. Our institutions have structural memories. Using baseball, certain players perform better in certain situations, at certain ball parks. The Supreme Court in particular is a team, not just an arbitrary group of individuals, not just 9 power hitters. Their job is to argue and elicit, to reach consensus and to elaborate on non-consensus. But if we start to realize that their view is more narrow than our society, that the team has no members that can adequately represent huge swaths of perspective, legally valid perspective that's never had adequate representation in our courts, then it's time to adjust that team - get a base stealer, a relief pitcher, a motivator or a brawler - someone to shuffle the energy, to refocus on the real situation. The law is based on the "rational man" theory, which in practice means "the rational white male". That doesn't mean we need a tribunal for each court - it means we need more diverse reasoning and perspective at the top, and all the levels down through - to increase our chances of getting good, solid, all-inclusive precedent cases that help us model a fuller, more just jurisprudence.

Yes, its "judicial activism" at the top, because it's reinterpreting precedent using diverse perspectives to further refine intentions of the Constitution with real rights in a vastly changed society. [Conservatives always manage to get us running away from describing what we're doing. Stand tall, be strong.] Certainly there are white males capable of contributing greatly to this effort, but to have only white males really impedes the process. And I don't want to denigrate Clarence Thomas by implying he's "not black", but I don't think he's sympathetic enough to the problems of the tilted table and structural bias against the underprivileged, nor sympathetic towards women at all, and his questioning and written work on the bench has been relatively useless for moving jurisprudence at all, much less expanding our interpretations in light of a fully multicultural and multi-gender respected society.

As an analogy, simple database searches look for exact matches of words. Slightly more advanced "fuzzy logic" ones allow for mistypings and "close" answers. More sophisticated ones like Google's use semantic nets, allow feedback from the previous choices around millions of searches and clicked-through answers to affect desired outcomes, to group answers and present categories to allow diverse selection, rather than having the top 10 answers returned be all the same. But we have conservatives arguing for a fundamentalist interpretation of the Constitution rather than using all our logical and philosophical and societal gains and wisdom over 235 years to have any influence, our understanding of assembly lines and teamwork and how market economies work and how racism and immigration and assimilation work, the effects of our monied classes and the nation-threatening excesses in our financial backrooms. They prefer the snapshot-in-time approach, the Luddite theory of jurisprudence, the nation and world as created in 4000BC. [Edits end]

The problem re: Allan Bakke is that we don't have a satisfactory solution. We do end up having to discriminate to some degree for some amount of time in many many cases. And it sucks to be on the other side of discrimination always. Even if you excuse it with trying to correct hundreds of years of injustice, someone will have their life ruined, their opportunities blocked.

And then there's the blindness we have to other people's discrimination. Men often don't see or understand sexual discrimination, often see "just joking" where a woman sees and senses an imbalance of power. Same for racial issues. So if white men continue to make all the decisions, they can likely continue to discriminate even while being new thinkers, simply because their perspective doesn't extend well enough to women and racial minorities.

Regarding the Court, we've put politicians on the court before - non-judges. Buchanan is big on written decisions now, but if I recall correctly with Alito and Roberts, his buddies tried to find people without a lot of written opinions to refer to. In short, it's all about politics, not any real concern about legal standards. It's quite possible we have too many bookworms on the Court and not enough who can synthesize. And then we have Clarence Thomas who's basically useless for judicial opinion, just a predictable vote. This doesn't seem to bother Buchanan either.



74 Comments

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Article revised and expanded several times, finished editing it now.

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Hey, 3 white people got hurt, so let's ignore the plight of tens of millions of blacks!!!
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Great post. One thing that many of those opposing affirmative action seem to believe is that we have ended discrimination and are beginning to practice reverse discrimination. Though we have made enormous strides nothing could be farther from the truth. You've pointed out several of the ways that discrimination still continues.

While many of the move overt forms of discrimination have ended there are still many hidden or even unconscious ways that discrimination still exist. There are numerous studies in the last few years.

One study sent out resumes to employment ads with common white or black sounding names. The same resumes with a white sounding names were 50% more likely to get a response then with a black sounding names. Greg or Emily was more likely to get a response than Tamika or Jamal. Other studies have shown that a white name has a greater effect on response rates than resume quality or a more wealthy zip code.

In another study identical e-mails were sent to landlords advertising vacant apartments signed either Patrick McDougall, Tyrell Jackson or Said Al-Rahman.

http://www.eurekalert.org/pub_releases/2006-05/osu-ncl052306.php

This study was completed in 2006 and what I found most interesting is that post 9/11 the name that might be associated with an arab racial identity was more likely to get a positive response than the name more likely to be associated with a Negro racial identity. Patrick received 89% positive responses, Said 66% positive responses and Tyrell 57% positive responses.

Affirmative action can be a crude cudgel and mistakes can be made but facing the reality of discrimination that still exists its a useful and necessary tool to help us move to a better society.

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Well, before 9/11 Said would have been guessed or hoped to a be a wealthy Arab, so response would be irrationally up around 95%. You also can't dismiss the effects of a high black crime rate as an element in people's decisions. These are not irrational, and we have to figure out ways to deal with the background problems as well. I've had family who rented out properties, and one tenant turned her house into a brothel (though I think she paid on time and wasn't as hard on the place as a college student). One Vietnamese tenant put chicken wire on the cabinet doors and raised chickens. These are just some of the rigors landlords go through. Obviously not all Vietnamese are raising chickens at home, but property owners try to play it safe, play the odds just like anyone else, looking for that young professional couple with the kid that won't destroy the apratment. The details are where policies turn personal for everyone.

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I understand the rigors of renting property as I live in an RV parked on a piece of land with 5 houses, 3 of which are sometimes rented out. One would think that a landlord would prefer to rent to a black professional family rather than white trailer trash. In the study a positive response was a response that indicted the apartment was still vacant. Many landlords didn't even take a chance to see if the black sounding name was a nice profession couple.

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Yes, lazy stereotypes vs. actively playing the odds. A black blogger with a white-enough sounding name mentioned the other day showing up to his pre-arranged rental, where he'd be teaching law school, to find that suddenly the rental agreement had disappeared. Now this part is seemingly absurd, in that as far as I know you can't pre-screen to see if a renter is a professional, but someone showing up that you know to be a law school teacher, well, that seems just pure racism, no excuse about trying to be careful.

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grandpa died last week
and now he's buried in the rocks
everybody still talks about
how badly they were shocked
but me i expected it to happen
i knew he lost control
when he build a fire on mainstreet
and shot it full of holes

buchanan is shooting holes into the fires on mainstreet. he is out of his fucking mind.

there is no argument here. pat is nuts.

the guy not only says hitler was not all wrong--he talks about and writes about how hitler was mostly right--how we fought on the wrong side in WWII

he thinks life would be better if the south won the civil war.

If i want information, i can get more information speaking with the dogs at a local park.

THE NEWS HERE IS THAT PAT HAS NOT BEEN FIRED.

PEOPLE SPEAK TO HIM ON MSNBC LIKE HE HAS SOMETHING TO SAY.

THAT IS THE NEWS.

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Well to remember that conservatives do not intend, or need, to win these arguments. The emphasis in the hearings on Sotomayor's averred racism is like all conservative attacks, intended to weaken and dilute liberal positions and arguments.

What did Karl Rove learn from Nixon and Don Segretti? Damage the brand with any question at all, and get the opposition chasing details, while the average person hears only the question---"Is Sotomayor too loyal to Puerto Ricans?" "Is McGovern soft on drugs and hippies?"

Don't even answer the Buchanans. Just give the same back---"Is Pat still good with a knife like he was known as a school bully?"

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For years we let conservatives control the questions, control the media. Liberals went on unprepared, unsynchronized, lost in silly details. Which led us to the disaster of 2000 and the years after. Republicans would make up claims, and we'd just sit there with mouths ajar or mumble, "I guess I'll look it up". Or worse, a Democrat will go on to debate something like abortion and can't answer the most basic fact about 3rd term abortion.

So wasting time on little details about whether Buchanan is sane doesn't interest me. Even insane he's able to kick our ass.

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Yep. I thought he kicked Rachel's ass last week.

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"Damage the brand with any question at all, and get the opposition chasing details, while the average person hears only the question--"

That's one of the most insightful statements I've read in awhile.

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Credit to Rick Perlstein in "Nixonland". My paraphrase of his book-length argument.

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So wasting time on little details about whether Buchanan is sane doesn't interest me. Even insane he's able to kick our ass.

It's very hard for me to believe, however, that if we leave nothing but silence in the air we win. But I do welcome the perspective about taking a different tack, maybe something Palin-esque. You know, the question from the Moderator is about one topic, racism, and we just take our air time to discuss whatever the hell we damn well please, ignoring comletely what was asked or being discussed. Maybe that is the tack we should take.

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Being focused, knowing the details, not getting side-tracked into conservative honey pots/briar patches, having coordinated messaging, remembering that the focus is not to "be right", it's to convey a simple message and leave its lasting impression.

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This is a very good blog. I am a person sympathetic to Affirmative Action and completely in agreement with its intended affect. I am also a landlord with properties that span a range of income classes and I relate to and understand your examples of the way choices are sometimes made. A bit more personal history. I grew up in Texas and Oklahoma and started trying to work my way through college with my strongest motivation being to avoid the draft. I was unsuccessful and after my discharge I spent my life as a blue collar worker so I am also sympathetic to, and empathetic with, the views of white middle-class and lower workers.
My question here is about a particular part of the bigger subject. I have recently explored that question which comes to my mind every time I hear about tests which discriminate against minorities, that question being: How do tests discriminate based on race? Not "do they" but "how do they?" The fact that they "do so" in many or most cases seems to be the accepted wisdom so I expected that I could find many examples of "how".
The first thing I found was that I do not have the relevant education, including an understanding of the jargon, to pry any understanding from the more scholarly works that I find with a google search but I also have come to believe that in many/most cases there is no understanding to be found. It does seem to me that almost everyone arguing that some tests are "bad" because they have a racial bias reach that conclusion based on the fact that a particular group did worse than another group therefore the test must have had a bias. The more initials after the author, or the more prestigious his affiliation, the more likely it is that it will be stated as a provable fact that some tests have a racial bias, but it appears that many if not most are proposing theories that will prove a conclusion.
The following is an excerpt from an article that demonstrates some of my frustration.


"Jay Rosner, executive director of the Princeton Review Foundation, conducted an SAT bias analysis in 2003. He examined answers from 100,000 test takers along with their race, ethnicity and gender.
Rosner's findings, outlined in “On White Preferences,” showed that “every single question carefully preselected to appear on the test favors whites over blacks.”
Rosner said that whites answered 99 percent of the questions correctly at a higher rate than did blacks and Latinos.
“The test developers at ETS don’t intend to produce these results,” Rosner said. “They are choosing questions using a methodology that produces very consistent and predictable results.”
http://news.medill.northwestern.edu/chicago/news.aspx?id=35935

"Every single question..." favored white people. Every one, not a single exception! The proof is that whites answered correctly more often. Does this logic hold up? Does it explain different results in the case of math tests.
I looked at a few advertisements for study material to help pass the fireman's test. The example questions were supposedly to test reading comprehension and the subject of the samples was situations a firefighter might face. It seemed to me that a person who could comprehend what they read could choose the correct multiple choice answer based only on the content provided in the reading sample. They would not need to have studied firefighting science or technique. If that person had studied firefighting it would have made the correct answer fairly obvious without even reading the paragraph upon which the question was based.
Some or all of the black firemen who scored lower than the white firemen may have made better officers. That is, they may have made better decisions while fighting a fire and may have been better at leading other men. I don't think a written test could ever conclusively predict whether that would be the case or not but I am also far from convinced that a question intended to determine whether a person has an understanding of convection, for instance, can be phrased in a way that a white person would get the correct answer and an equally knowledgeable black person would not.

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Well, testing is not my expertise, but I'll try to guess:

0) It's possible that the average African-American given education levels are simply below whites in this level. (I passed a blog discussing IQ and minorities, and that even saying blacks score a few points down, it still meant something like 6 million were above the average white score, so it's not a claim of everyone's in the abyss).
1) It can be that people from different cultures perform differently to different types of testing - multiple choice, true/false, essays, some are better at abstract thinking, some are better at practical thinking.
2) It can be that whites approach the whole test taking process differently - buying special study books or courses, tutors, etc.
3) It can be that blacks have something like test fright, that due to historical, societal and class reasons, they're more likely to be intimidated by the process and stress out.
4) It might be that people who make up tests are more often whites and the types of questions reflect what they consider "obvious" or the right way, but ignore that other cultures and societal segments can see things differently. Some cultures use N-S-E-W for directions, other cultures use buildings and crossroads with no idea of north-south. Some cultures quantify things with numbers, others are more qualitative. "Common sense" questions might be heavily laden with reactions that make more sense or are more common for whites than blacks. If you live in the South you might not lock your house, if you live in the North, especially in the city, you always do.
5) etc.

Take your guess. Likely someone who knows something about this has put forward hypotheses and tested them on controlled subjects or done surveys to evaluate possibilities. Therse are just a few ways I can imagine.

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While you claim that you are not an expert, your guesses seem to line up pretty closely with the guesses, or theories, or conclusions, of those who claim that they are, in fact, experts in the field.
Would it not seem that if a person was an expert and could correctly identify the problems with a particular test that that same person should be able to correct its faults and write a "good" test? If they don't, or can't, that seems to beg some questions.
Anyway, I am not trying to argue with you. As I said, I think you wrote a very good blog . I just took this as an opportunity to throw out a question that I expected could be answered by some of the people at TPMC if there is, in fact, a good answer.


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People do write good tests. Just because one test seems bad doesn't mean that's the only or typical fire-fighter test, much less any other type.

But there can be educational disparities between races. The purpose of the test is not to see who's "smarter" or who studies harder, it's presumably to test knowledge important to carrying out the jobs applied for, and to weight the test with other methods of evaluation to balance skills in level of importance. If pass were at 65%, which a number of blacks scored, and the test were weighted a bit lower, would that then be a non-discriminatory test? The test itself wouldn't have changed, only the way of using it.

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Ricci is dyslexic and had people read possible test questions to him. While admirable for tenacity, does it make Ricci a better choice to make emergency decision? Unclear one part of training in spme police departments is the use of visual graphics to mimic situations encountered in the real world where split second decisions have to be made about use of deadly force. Does this give a better measure of an officer's skills?

Blacks watch GW Bush and Sarah Palin torture the English language. They realize if Barack, Michelle, Colin, or Condoleeza sounded like GW or Snoop Dogg, they would be dismissed as buffoons.
Bush and Palin thrive in US politics.

Pat Buchanan does not realize that despite writing a column for Human Events entitled "Thank Whitey" detailing the benefits of slavery for African-Americans, and telling the GOP to go all in on ethnic bias against Latinos, Buchanan is still an MSNBC analyst. Imagine Eugene Robinson coming at the issue of race in a fashion similar to Buchanan. Robinson would never be heard from again on MSNBC. Eugene Robinson would be declared outside the American mainstream and he would disappear overnight with no debate (as occurred with Don Imus). Buchanan gets referred to as good old "Uncle Pat". Why doesn't MSNBC bring on Jeremiah Wright for "balance"?

MSNBC had an earlier flare up with Don Imus when he made a comment about the Rutger's basketball team. Imus wound up getting fired for his comments. An important fact that came out during the debate before the firing was that NBC and MSNBC employees who were African-American just did not like Don Imus. I wonder how non-White employees feel about Mr Buchanan. I think MSNBC learned nothing from the Imus flare-up.

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Uh, we have the Americans with Disability Acts to help people with handicaps get work and contribute to society. It's a good thing, whether it's a black or white who has that handicap. No, I don't think dyslexia keeps a firefighter from doing that job, and I don't think it affects his handling the most dangerous live fire part. In any case, it's not just about Ricci, it's about 20 firefighters denied promotion based upon an agreed upon exam they'd succeeded on. Focusing on Ricci's disability is rather despicable.

I haven't heard Sarah Palin "torture the English language". Is there any good reason to bring this into this discussion? Thought not.

Nor is Buchanan acting like Don Imus.

Buchanan's "Whitey" reference was referring to Jeremiah Wright's language, and Obama's race speech (or Obama's apology I think he calls it). I must say, looking up the Jena 6 case and how it resolved, the Civil Rights movement is a lot less picky about how it picks its causes and showcases these days. There's a great deal of damage to the South through trumped up cases like Jena and the Duke Lacrosse trial, especially since retractions don't make news like accusations and protests.

Despite a number of things Buchanan fudges with his twisted way of dealing with facts, he does have some valid issues. Black literacy was roughly 70-80% around 1900. Why is illiteracy a huge problem in 2009 with billions of dollars poured into education since the 1960's? At what point does the reflex reaction "racism/slavery" stop? There was racism in 1900, but people learned how to read.


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The case of Ricci v. New Haven seems at heart 1 thing - a misplaced emphasis on a testing process only vs. a balanced approach that includes performance on the job, character and team leading skills, comfort with typical tasks......Desidero

In any case, it's not just about Ricci, it's about 20 firefighters denied promotion based upon an agreed upon exam they'd succeeded on.....Desidero

We agree the test may not be the best method of predicting who will make the best fire captain. Ricci had people read him questions suggesting that he may have had access to older tests. There is nothing despicable in that statement. It is a fact. Does that make him qualified to make emergency decisions? No. I brought up the visual graphics scenario as a means of suggesting creating past fire events in such a fashion may provide better analysis for who will respond properly to an emergency situation, dyslexic or not.

You have problems with Buchanan's attack on Sotomayor, yet fall into lockstep with Buchanan in an "A Brief For Whitey". Interesting.


The Jena 6 case has been resolved recently.

http://friendsofjustice.wordpress.com/2009/06/26/the-jena-6-are-free/

Regarding the South, the question in Jena was about unequal sentencing. In the Duke case, the prosecutor (who happened to be White)said that he had a solid case. Jesse Jackson offered a woman who he heard had been raped a scholarship. How many times did Jesse Jackson travel to Durham? Zero.

Here is Jackson's initial column about the Duke Lacrosse Team

Duke: Horror and Truth

By Reverend Jesse L. Jackson, Sr.
© Tribune Media Services

“Divorced Mother Of Two, Working Way Through College, Allegedly Raped, Abused By Gang.” Had the headline read that way, the fury would have been great. The facts that the police didn’t arrest anyone, that the gang was not talking, that it took two days for the police to search the scene of the crime would have added to the anger.

But that’s not how it was reported. Rather, it was reported that a black stripper was accusing members of the Duke lacrosse team of rape after she and another woman were hired to dance for them at a party. That method of reportage put race and class in the center of the story. Predictably, the right-wing media machine has kicked in, prompting mean-spirited attacks upon the accuser’s character. Rush Limbaugh called the two women strippers “hoes,” and later apologized saying “I regret you heard me say that.” And Michael Savage referred to the alleged victim as a "Durham dirt-bag" and "dirty, verminous black stripper". And, it is in this tense atmosphere that the accuser flees from home to home, fearing for her safety. The players got lawyers immediately, who advised them to talk to no one. Duke University boosters hired big-time legal gunslinger Bob Bennett – who counts the Catholic Church as well as then-president Bill Clinton among his clients – to step in as spokesman for the newly-formed “Committee for Fairness to Duke Families”.

We don’t know exactly what happened that night. Initial DNA tests came back negative, incriminating no one. But something happened on the night of March 13th – something so compelling that Durham District Attorney Michael Nifong was prompted to say, “This case is not going away”. Indeed, he asserts that the lack of DNA evidence "doesn't mean nothing happened. It just means nothing was left behind." The District Attorney is putting the case before a grand jury. And, while unresolved racial, gender and class issues dictate and divide perspectives, these facts are not in dispute.

The players say that they used aliases to hire strippers for a team party at the house rented by the team captains. The accuser goes to school full-time at North Carolina Central, and for the past two months has worked at an escort service to help pay her way through school and support her two children. This was the first time she had been hired to dance for a party, but she expected it to be a bachelor party of five men. She and her partner found themselves in a party of more than 30 white male lacrosse players. The one African American on the team wasn’t there.

We know that the two women were abused. The accuser says they were met with racial slurs, and stopped dancing and decided to leave. “We started to cry,” she said, “we were so scared.” They left, but team members came out, apologized, and convinced them to come back. A neighbor reports seeing them leave and then come back, and confirms hearing racial slurs.

The accuser says once they returned, they were separated and she was pushed into a bathroom by three men, strangled, raped, kicked and beaten. The players deny that that happened, but they immediately retained lawyers and stopped talking. The woman was picked up afterward by police, who reported her as “passed out drunk.” Admitted to a hospital, tests showed injuries consistent with rape and physical assault.

The team was notorious for its gross behavior. 15 of the 47 players had been previously charged with misdemeanors ranging from underage drinking to public urination. After the party one player sent out an email saying that he planned on inviting strippers over and then “killing the b…. as soon as they walk in and proceeding to cut their skin off,” an act he said would be sexually satisfying.

Black women; white men. A stripper; and a team blowout. The wealthy white athletes – many from prep schools – of Duke; and the working class woman from historically black North Carolina Central. Race and class and sex. What happened? We don’t know for sure because the Duke players are maintaining a code of silence.

The history of white men and black women – the special fantasies and realities of exploitation – goes back to the nation’s beginning and the arrival of slaves from Africa. The patterns associated with this history arouse fears and evoke too many bad memories.

Duke University is clearly embarrassed by the incident. The president canceled the lacrosse team’s season, and accepted the resignation of its coach, who had taken the team to the national championship last year. He convened five panels to look into various aspects of the incident. At Duke, North Carolina Central, and schools across the country students and administrators began discussing once more the combustible realities of racial and sexual harassment on campus.

Durham, North Carolina where Duke is located is not the old South. Its Mayor is black, as is its police chief, and the majority of its city council. It is relatively prosperous, with low unemployment, home of high-tech companies. The largest black owned insurance company is located there as are two black owned banks. There is also poverty, disproportionately African American. And there is Duke, a private school stocked with affluent, mostly white kids, often referred to as the plantation.

But Duke is alas probably no worse than other schools in the way African American women are too often perceived. As Rebecca Hall of the University of California in Berkeley, who studies images of African American women in the culture, states, “Turn on a music video. A black woman is somebody who has excess sexuality….It’s excess sexuality that white men are entitled to.”

In the wake of the Duke scandal, black women across the country report on how often they are harassed or treated as simply objects available to hit on by white men. This image is magnified in our culture – and not simply by white producers, but on black music videos and black networks as well.

The Duke scandal should lead colleges across the country to hold searching discussions about racial and sexual stereotypes, exposing the myths that entrap so many. But it shouldn’t take the brutalizing of a mother of two to raise these issues. Justice must be pursued at Duke. But Duke should not be treated as an isolated extreme – but as a goad to probing discussion and concerted action to lift students above the hatreds, the fears and the fantasies that still plague our society.
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Jackson points out that Nifong alleged something had happened despite the negative DNA test. The response of Limbaugh and Savage is noted. Those statements are much more inflammatory than anything Jackson said. Duke's president canceled the lacrosse schedule. Jackson points out that Durham is not part of the "old South mentality". Jackson says this incident is not about "The South". He chastises black rappers and networks for their depiction of Black women.

The above were the facts when Jackson wrote his column. There were no mass demonstrations against Duke. Jesse Jackson did not go to Durham. Nancy Grace did more to keep the Duke fires burning than Jackson.


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I didn't say Jackson promoted the Duke case, did I? However, he got the facts hugely wrong, he repeated all the falsities of the early days, and then had to throw in his race/class and "Code of Silence" evaluation.

Well, that Code of Silence is what accused people are supposed to do, both so they don't get tried in the media, and so they don't make it easier to convict them. (Which doesn't mean they're guilty - the stupid racist/sexist/violent email sure didn't help the one guy, even though he thought he was doing it "in fun".)

In this case, Jackson joined in by pointing out their big "sins", "underage drinking and public urination", which probably captures about 70-80% of the nation. (Okay, once upon a time the drinking age was much lower, so some people might have waited until 18 to drink).

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Jackson was following Nifong's lead.

It's interesting that you take on Buchanan on Sotomayor, but give him a pass on his attack on Obama. Buchanan connects Sotomayor to crime by pointing out her support for voting rights foe ex-convicts. She wants rapists to vote according to Buchanan.

Buchanan attacks Obama by saying that in wanting White to understand Black grievances, Obama wants Whites to forget that Black men rape White women.

I think your view on the two articles is clouded by your Southern bias. Jesse Jackson did not attack the South in his column on the Duke team. In fact,he pointed out the fact that the mayor and city council were African-American.

On the literacy issue, if literacy is 98% for Jamaican Blacks and only 83% for American Whites, does that not suggest a system wide problem in education in the US?

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I don't think I give much of a pass to Buchanan, but if you need to hear it "Christian Salvation" while working on a chain gang for a few hundred years is a heavy cross indeed. Pat has his mass hallucinations along with a few coherent statements. I think blacks are more free in Paris as well, along with Brazil.

However: "Is that the fault of white America or, first and foremost, a failure of the black community itself?" Black crime, black violence, black illiteracy is foremost but by no means completely a failure of the black community. Yes, there's a lot of black-on-white crime. The guys in the Jena case were thugs who tried to play racial victims. Some of their parents seemed no better. But the black community celebrated them, let themselves get hoodwinked. Not pretty.

Jackson doesn't need to attack the South. The Jena case was in Louisiana, the Duke case was North Carolina. They will be remembered as just white Southerners doing what white Southerners do. No subtitles needed on that film.

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There were no mass demonstration against Duke or the Lacrosse team. Duke's president felt something was wrong with the picture he saw, so the lacrosse season was canceled. I remember the Student body President of the mostly-Black local community college, who happened to be Black, advising a wait and see attitude. If you want to call hoodwinking talk to Duke, CNN-HNN and Nancy Grace, et al.

When you focus on Duke and only the African-American response and call "hoodwinking" only in the Jena 6 case while simultaneously lamenting the situation the South is in regarding race, you will be viewed as biased.

If you ignore the fact that Tavis Smiley, Bill Cosby, Barack Obama and a host of others have talked about the need for accountability in the Black community, you will be viewed as biased. As I noted Jesse Jackson also called out Black rappers and networks for their depiction of Black women and explained way Durham wasn't your stereotypical South.

Favorite whipping boy Al Sharpton has also talked about the vulgar language and images used in some rap music. Sharpton has the honor of having rap artist David Banner include Sharpton in a rap song depicting Sharpton in an unflattering manner. So yes, if you don't include the entire picture of people in the Black community speaking about accountability, you will be considered biased.

Pulling a page from a technique you have used, you do realize that by supporting Buchanan's words you are supporting a bigoted wingnut viewpoint, don't you? Have you no morals?

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Didn't realize that was a technique I used. I know that people are willing to dismiss Buchanan as crazy, and I stated that he mostly is. But there are those few gnawing details.

And you keep referring to the non-black community rise up on Duke which I never claimed there was. No idea what your point is.

I said Jena was a poor showing. Do you disagree?

Re: Duke, I can understand Jackson going with the sheriff's version (Sharpton was much more careful), but still would be nice for him to say, "oops, looks like the facts got twisted by this woman and the sheriff" instead of saying, "happens all the time, we're justified saying so". Oh well.

My point about the South is the South got a bad name from the black guys in Jena who kicked this guy's face in for no good reason, and from this black woman at Duke who faked a charge of gang rape. Doesn't matter what anyone else did, the 2 trumped up incidents once again hurt the image of the South, and many many people will not notice that the facts spun the other way in the end. So yeah, that bothers me. Sue me.

Re: Tavis Smiley, Bill Cosby, et al., including a group of black leaders having a dinner and talking about the transformation from "Civil Rights" to "Civil Responsibility", I know, I know. I've referenced it in diaries past. Any statistics on how it's working out?

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Desidero if we are going to go down this road of Southern lamentations, then I have to ask what did Susan Smith who killed her children and blamed a Black carjacker for the crime do to the image of black males? What did Bostonian Charles Stuart do for the image of African-American men when he accused a Black assailant of shooting him and killing his wife? The Boston PD felt justified in stopping large numbers of Black males to find a non-existent person. Charles Stuart identified William Bennett, a Black man, as the raspy voice of the shooter. Crazy people like Smith and Stuart do crazy things and make strange accusations. Law enforcement officials were very suspicious of Susan Smart from the start thus no large scale African-American roundup occurred. The image of Black males is so damaged that the alleged crimes were easily imaginable. So who gets the crying towels because of misconceptions, the South or Black men? also note that the Charles Stuart story occurred in Boston, not a southern city. Susan Smith was from Union, South Carolina.

You want Jesse Jackson to apologize while Nancy Grace and CNN-HNN don't even rate a mention. Why is that? Grace was on air accusing the lacrosse players,every day even after the negative DNA. Why is there a double standard for Jackson and Grace?

Regarding Buchanan's flights of sanity. Here are earlier comments on this post from you:
..........For years we let conservatives control the questions, control the media.
..........Being focused, knowing the details, not getting side-tracked into conservative honey pots/briar patches, having coordinated messaging, remembering that the focus is not to "be right", it's to convey a simple message and leave its lasting impression.

So here we are with you are using the words of a bigoted wingnut and ignoring messages from Centrists/Progressives. You are in the briar patch, a self inflicted wound.

The accountability message can come from Smiley or Obama. Both will point out that there are barriers to success for African-Americans, but no excuses for not trying. Buchanan will give a much darker and racist message. I choose to ignore the tone and intent of Buchanan and go with Obama and Smiley.

As for how the message is working, well let's see. There are more African-American men in college than in prison, so that's a good thing. Would I want to face the challenges now or those in the pre-Civil war era, immediate post Civil war era, the 50s or now? I choose now. I guess it's my rose colored glasses looking at a half-full glass. But feel free to continue to parrot Buchanan, if that helps.

Name your Golden era for African-Americans.


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I've never watched Nancy Grace - is she still on the air? I thought she was run out of town when she caused some girl to commit suicide. Of course she should apologize. Much more than Jackson, who stuck mostly to the DA's info.

Yes, a white trumping up a charge that "a black did it" is bad too. I think there are differences between trumping up a hate crime vs other crimes, and a difference between fingering a particular person vs. someone out there of a race. In the Boston case, they did finger a particular person.

Quoting Buchanan, how am I "ignoring words of Centrists/Progressives"? I'm discussing Buchanan on a show, and that he's still more effective than the liberals who debate him, and there are still some issues liberals need to address in the debate.

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You keep mentioning the portrayal of the South, which group has been depicted in a more negative fashion, Blacks or Southerners. How has the negative portrayal effected hiring, political office, income? Does it have more impact for African-Americans or Southerners? From my perspective, there is no contest. It is why your harping on how bad the South has been treated seems a bit much.

Using your words, you are letting racist Conservative Buchanan set the agenda. By repeating his words you support his racist position. Political scientists will tell you once you are responding to the position of an opponent in the opponent's own words, you are on the way to lose the argument.

Finally, in your posts on the South, one argument made was that slavery would have ended without the Civil War. Since that would have meant more years of a people being enslaved, how is that a moral position? You chastise people about not pressing for release of Gitmo detainees like the Uyghurs for being immoral. How is your "wait for slavery" to end any more moral? It can't be a troop death issue since you have argued that you would be "sorry" if troops got hurt if there was an increase in violence against GIs if torture photos were released, but that would not hinder you from releasing the images?

Is it possible that your Southern bias has tainted your morality?

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Blah blah blah. Be gone.

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People like Pat Buchanan draw big ratings, simple enough to MSNBC. How do you suppose the numbers stacked up for Rachel's show when she debated him? This isn't the first subject about which he's spewed, and won't be the last - it's just the most current. Ever notice how quick he is to laugh just after a "heated" back-and-forth with any number of people? He thoroughly enjoys the performance, and his casting as the nutty, extreme "Uncle Pat".

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The liberal's arguement is always this: we lowered the standard for Sotomayor, and look what success she became. Nothing is said of the thousands, perhaps hunderds of thousands of people that scored above her that were denied admission.

Sotomayor wasn't only offered lower admission standards, however. She was also given scholarships. This means not one, but two, barriers to entry were lowered for her--and raised for everyone else. Sotomayor's tuition was paid for, in part, by her classmates. And having additional students in the class--with no additional professors--can be expected to raise tuition costs as well.

So not only Sotomayor cut in front of everyone who scored above her academically, but did not meet the cutoff--but she also cut in front of everyone who had the scores to get in, and who also were "more finacially qualified" than her--but still not well-off enough to pay Ivy League tuition.

Had the academic standard been lowered for everyone--just as had been for her, and had the finacial standard been lowered by offering scholarships to everyone--just as a scholarship was offered to her, she would have faced A LOT more competition. She also would have made a lot less money as a lawyer, and would have faced considerably more competition in getting selected as a judge.

Affirmative action babies aren't successful simply because an exception has been made. They become successful by benefiting from standards that they, themselves, did not have to meet.

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They have to deliver in real life.

You leave unmentioned the advantages most top school admissions enjoy, such as simply hearing advice from those in the scene, and more specifically, things like legacy admissions. Having a ride to a test-prep class, having good health and not missing assignments. Having other advanced students in the family who help with homework.

Not employing some amelioration means perpetuating a class structure, antithetical to the social mobility we claim.

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"Nothing is said of the thousands, perhaps hunderds of thousands of people that scored above her that were denied admission."

Well, I'm guessing no more than one were denied admission strictly because of Sonia Sotomayor, dumbass.

Second, do you have any proof for any of the shit you spout in this comment? Do you know that her scores would not have gotten her admission? Do you know how much scholarship money was given to her that would not be given to an otherwise qualified working class white?

I think you're talking out of your ass on the subject of Sonia Sotomayor. And, even if you're right on the facts of her admission to Princeton, the fact that you get outraged by the bending of standards for poor minorities who show every possibility of succeeding at the highest levels of our society, yet show no similar outrage at legacy admissions, athletes, etc. reveals the racist prism through which you and the other anti-affirmative action fanatics view this issue.

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"Nothing is said of the thousands, perhaps hunderds of thousands of people that scored above her that were denied admission.

Well, I'm guessing no more than one were denied admission strictly because of Sonia Sotomayor, dumbass."

Hundreds of thousands of whites may have scored above Sonia Sotomayor, and have been either academically unqualified for admission; or they may have been academically qualified for admission but unable to pay.

If you take Sonia Sotomayor's SATs there may have been hundreds of thousands of whites and asians who scored above her that didn't go to Ivy League schools. Many, because of inability to pay, might not have even applied.

So the fact that later on in life she succeeded might be less shocking given the fact she didn't really have that much competition.

"Second, do you have any proof for any of the shit you spout in this comment?"

Yes. I have sotomayor's own words as proof for the shit that I spout in this comment. Stop getting upset.

"Do you know that her scores would not have gotten her admission?"

Yes. She freely, unabashadly admits to this fact, and cites it as proof that the policy of affirmative action must continue.

"Do you know how much scholarship money was given to her that would not be given to an otherwise qualified working class white?"

She was given full scholarships for 100% of her tuition.

"I think you're talking out of your ass on the subject of Sonia Sotomayor. And, even if you're right on the facts of her admission to Princeton, the fact that you get outraged by the bending of standards for poor minorities who show every possibility of succeeding at the highest levels of our society, yet show no similar outrage at legacy admissions, athletes, etc. reveals the racist prism through which you and the other anti-affirmative action fanatics view this issue."

I have yet to meet a single legacy candidate in my whole life. I have met thousands of affirmative action beneficiaries--personally. 40% of the population is elegible for affirmative action; less than 1% of the populaton is rich.

While George W. Bush is frequently cited as an example (someone that noone in America has personally met--but we've all read about it the news), he's old enough to be the grandparent of anyone entering the workforce today. His daughters didn't attend Ivy League schools--and their dad was president of the United States. Clearly, the policy of legacy at Yale had changed; it's only relevence is to cite a time period that's as old as the Jim Crowe laws.

Why do you expect me to get outraged about legacy when its effect is so small that I've never personally met a beneficiary? What fraction of the population is so rich that their parents have sufficient connections to sway an admissions board--not two generations ago--but today?

As far as athletes go--they earn their scholarships by entertaining the fans. The tickets sold more than pay for thier tuition. And athletic scholarships results in a more diverse, not less diverse class anyway--it's not as if a majority of gifted football and basketball players are white. And college athletic stars are a very small percentage of the entering class--less than 2% or so. While a person may or may not agree with this policy, it's nothing to get enraged about since its disparate impact is very small. People are enraged about affirmative action because--since 40% of the population is eligible--its disparate impact is huge. Moreover, more than 50% will be eligible very soon (and this is already the case in most urban areas)--meaning that we will have crossed the line where blacks and hispanics are a numerical majority--and where discriminating against whites and asians means discriminating against minorities.


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Note that George W Bush is 8 years older than Sotomayor, so I think we can discuss them in the same breath if we're going to discuss anything at all, though you do seem fond of the "that was then, water under the bridge" view of history.

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Well, he hasn't personlly met George Bush, so that doesn't count. Of course, I'm guessing he hasn't met Sonia Sotomayor either, but that doesn't prevent him from being certain that she was not remotely qualified for admission to Princeton.

Test10022's an ignorant, reactionary racist. Fuck him.

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Well, I heard someone say the same about Glaivester, and I don't agree, and then I think a few have said that about me. So I'll give test10022 some benefit of the doubt for now that maybe he/she's just a world-weary cynic.

Of course last year people assumed I was female when I defended women and this year I'm white when I agree with Buchanan and black when I disagree. Wait until my next post on Martians.

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We Venutians are gonna kick your ass, Martian Punk.

Just remember last time.

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Yeah Mars is a frozen rocky wasteland with little water and Venus is covered in clouds at 700 degrees. I'm glad we sat that one out.

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Yeah yeah yeah, people think you're sissies pushing gondolas somewhere in Italy, while we instill *FEAR*.

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I am certain that Sotomayor said the words "based on numerical standards alone, I would not have qualified" for admission.

So if anyone who says Sotomayor wasn't qualified by the numbers is a reactionary punk, then Sonia Sotomayor is a reactionary punk.

I never said George Bush didn't count as a legacy candidate. What I said was that the number of legacy candidates, compared to the number of affirmative action beneficiaries, is exceedingly small--and this huge difference between the size of the two populations is the reason why one policy faces more opposition than the other.

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"this huge difference between the size of the two populations is the reason why one policy faces more opposition than the other."

Wrong. The reason affirmative action faces more opposition is racism. Demagogues find it easy to convince sheep like yourself that the only reason you're not getting ahead is because the "liberal elite" are giving all your opportunities away to unqualified minorities. The ease with which the Rush Limbaughs and Pat Buchanans of the world get rich, while sending out ignorant shit like you to do the dirty work of giving their hatred of ordinary working people political legitimacy in a democracy, would be a sad joke if it wasn't so harmful.

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Really. The only reason more people object to a policy that displaces 40% of the population than one that displaces 1% of the population is racism.

Somehow I suspect I'm not the person who is racist if you believe that.

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"sending ignorant shit like you"

Do I write like ignorant shit? If you were to pick a percentile that I scored on my SATs, from 1 to 100, which percentile would you guess? What percentile do you think I scored on my GMATs?

Perhaps you need to learn to write, rather than simply insult. Not all affirmative action opponents are dumb; in fact, the people with a legitimate complaint are quite intelligent.

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Being able to construct a coherent sentence doesn't make one intelligent. And you're making the exact same argument that the most illiterate racist in Appalachian West Virginia makes. Sorry, shithead, the minorities in America aren't the ones who have limited your opportunities in life. The fact that your outrage applies only to this aspect of the questions surrounding dwindling opportunity for the working and middle classes in America gives your game away.

You're argument consists entirely of broad assertions that often contradict common sense and daily experience (i.e., minorities aren't reaching the highest levels of society in significantly greater numbers due to affirmative action), and when supported at all, are supported by the fact that you have allegedly met more affirmative action admissions than legacy admissions. Color me completely unimpressed.

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40% of the population in the US is eligible for Affirmative Action; soon that number will be over 50%. That number is significantly higher than the percentage that is eligible for legacy admissions. Legacy admissions end with college; affirmative action carries over into the workplace and lasts an entire lifetime.

I'm not entirely sure I make the same arguement that an Appalachian makes; a significant number of working-class whites voted for Obama. A white appalachian who had difficulty in school has little to lose from Affirmative Action; Obama was right in recognizing poor whites could be easily swayed by either party.

Whites don't vote as a group; we're probably more split than any other race. If Affirmative Action ends at some point in the future, it will be blacks and hispanics voting to overturn it. Whites won't have the numbers or the political unity to end the policy by themselves.

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Are you really trying to make the argument that AA will result in college having student bodies composed of more than 50% "unqualified" minorities? Even though minority students' presence in colleges today is below their racial or ethnic group's percentage of the general population?

Again, you're just making shit up. Sit down and stop making a fool of yourself already.

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Many more people are eligible for (and take advantage of) affirmative action than are in college. Every minority--from the hispanic janitor at a government building who has a higher paying and more stable job than he would have in the private sector, to the already-graduated black engineer who gets promoted to manager early, to the native american lawyer who makes partner early--benefits. And whites and asians give up spots for all of these indivduals. College admissions is only one part of the equation; the entire minority population is eligible for--and could potentially take advantage of--affirmative action.

So, then, what percentage of the population IS ELIGIBLE FOR (read: probably, but may or may not have taken advantage of) race-based affirmative action? Right now, it's around 40% of the population, once blacks, hispanics and native americans are added together. According to the census bureau, this number will be more than 50% by 2040.

If you're looking only at college-age kids, the population should pass the 50% mark who are eligible for affirmative action (once again--does not necessarily mean they took advantage of it) around 2025-2030.

In some areas of the country--New York City and the state of California for example, we passed the majority-minority mark long ago. In fact, the opposition to affirmative action that made California the first state to ban the policy for state contracts is probably a direct result of demographic changes.

The term "racial minorities" was selected at the beginning of affirmative action for a reason--the policy is much less objectionable when it applies to a minority. We are rapidly approaching a point where minorities are no longer a numerical minority.

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So, you're condemning a policy on its broadest theoretical outcomes, while in reality it hasn't even accomplished it's most modest goals (no thanks to demagogues like yourself).

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I am not a demogogue, and my opinions have absolutely no effect on the success or failure of any policy.

If Affirmative Action is not producing the rapid advances in income that it used to, demographic changes could explain why. More minorities and fewer non-minorities means less of a boost is given to minorities, as there are fewer people to "cut in line" in front of. When whites become the minority, it will pretty much be blacks and hispanics cutting in line in front of each other.

And when a racist like you looks for a white guy to pick on, they'll be much harder to find.

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Well, George Bush didn't have to meet any standards - he didn't study hard, wasn't that smart, didn't have great grades or test scores, and didn't earn the money that sent him to school. JFK got to Harvard on money earned smuggling liquor. There have been quite a lot of athletic scholarships - for men.

I don't quite know what your problem is. Sotomayor was valedictorian of her school despite having to work and being raised by a single mother in a ghetto. People who work hard often, though not always, get promoted. People who are in need often get a helping hand. If it had been a Boys' or Girl's Club scholarship, would that be better than it coming from the government? She couldn't go into the military to get a scholarship, or be eligible for the G.I. Bill that paid for millions of males to go to school after the war, predominately white, and helped finance their homes and new cars. Get off your horse, yes, we're trying to address historical inequalities and lack of opportunities. Yale and Princeton allowed their first female undergrads in 1969. Any sympathies for that?

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Testing, 1,2,3... and Test10022:
According to Wikipedia:
"With an endowment of US $11.3 billion, Princeton University is among the wealthiest universities in the world. Ranked as the fourth largest endowment in the United States, the university has the greatest per-student endowment in the world (US$2.23 million). Such a significant endowment is sustained through the continued donations of its alumni and is maintained by investment advisers...."

A significant portion of that money is allocated to student financial aid; therefore, Test, "other students" are not paying the tuition, room, board and books for Affirmative Action students, or any other student who receives aid:
http://www.princeton.edu/main/news/archive/S22/09/08G75/

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And, Test, if you would like to know how Princeton allocates its financial aid, please read this report, which breaks it down to the dollar:

http://www.princeton.edu/main/news/archive/S19/19/37O67/index.xml

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Affirmative action scholarships drive up the price of tuition regardless of who pays the scholarship. More students and the same number of professors means a higher cost of tuition as the salaries of professors will go up. Similarly, rent, books, and other fees...will all cost more for students that don't get scholarships if the student population increases.

Secondly, if race wasn't a consideration for scholarship money, many students who were admitted would find that they could get part of their tuition paid for; it would also open the doors for many academically qualified students who cannot pay the cost of tuition.

It's a finite pot of money paying for access to scarce resources, no matter how you look at it.

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Fine, I'm still happy to have race-based policies to help correct real serious societal problems and imbalances, just want them to be focused on actual purpose, limited to effective amounts, withdrawn when past their shelf-life, tempered according to damage caused. Again, John Dunning on endemic vs. structural flaws in the market, which addresses when it's appropriate for government to intervene in a market, and what are the negatives and positives when it does. In this case, we're not just talking government, but the effective partnership effort amounts to much the same thing.

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The fact remains in Ricci that there are fire departments around the country who manage to run promotion tests and evaluations without lawsuits, so one botched test should not be a huge change in legal precedent.

That assumes that those tests were fairer. In reality, many of these lawsuit-proof tests only managed to avoid lawsuits because (a) they were so easy to pass that too few people failed to make any disparate impact fall afoul of the 4/5ths rule (that the pass rate for the lowest-scoring ethnic group must be at least 4/5ths of the highest-scoring), or (b) because there were subkective elements that were deliberately designed to make certain that the requisite number of people passed from each group.

For example, in Chicago, approximately 85% of people who applied passed the written test, and then were selected by lottery. So someone at the 15th percentile has the same cahnce of getting in as someone at the 99th percentile.

For an example of the other issue, if a fire department gives a lot of weight to one-on-one interviews or other tests where the proctor can see the face and race of the interviewee, and he knows that he faces lawsuits if a certain number don't pass, isn't it likely that he is going to make certain that he scores the tests so that the requisite number of people from each race pass, regardless of how well they actually perform? Put more bluntly, if a group under performs, isn't it likely that the interviewer will add a few points to their score just to avoid a lawsuit?

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I agree it's a tricky situation. For one thing, you want an effective fire department. Again, a test in Chicago - are 2 tests more conclusive than one? Is there a real trend towards meaningless tests, or are these a couple of data points. It might be easier to design a useless but safe test than a fair one that accomplishes something - that's cynical, but might be true.

In any case, I appreciate the effort to help out the disadvantaged and integrate them better, whether it's poor Italian, Irish, Black and Polish immigrants or poor Afghani, Ethiopian, Vietnamese and Salvadoran immigrants.

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If you think that we need affirmative action to make up for past racism, then do you agree that people who have immigrated here since 1964, and their descendants, should not be eligible?

Surely a recent immigrant from Brazil or Mexico, or their children have no claim to reparative affirmative action.

Moreover, affirmative action is only workable as long as there are relatively few affirmative action-eligible minorities. With immigration slowly turning whites into a minority, it will get progressively costlier to provide affirmative aciton benefits to larger and larger portions of the country, unless the goal is explicitly to turn whites into second-class citizens.

Racial policies that make sense when non-whites are a small (12-15%) part of the population may not work so well when non-whites are >50% of the population.

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Well, first I don't much like our immigration policy focused so heavily on Mexicans. I don't think it's healthy long-term - I appreciate diversity, not trading one majority for another, and there are certainly other Hispanic groups. While at the same time I'm pro-NAFTA and think we should do a much better job at improving our trade with Mexico (including opening up our borders for Mexican trucks).

Theoretically Obama shouldn't be eligible for affirmative action because he's not descended from slaves. In terms of economic hardships, he wasn't poor as raised by his grandparents who had good jobs. In terms of blacks being way underrepresented in some professions or school programs, yes, I might favor that. But again, I want affirmative action as a focused, temporary tool, though if we remove affirmative action and say numbers of minority students on campus falls off, then we might have to reinstate it as well as look for other causes/solutions.

As for Ricci, I'm not even sure if this was a case of "Affirmative Action" or a case of recognizing that some who would be expected to be among the best actual firefighters were wiped out by the test. Obviously the color division brought it home. Was a written exam really the obvious most important discriminator between a good firefighter and a bad one? It seems unlikely to me, though for engineering tasks, I'd have an opposite opinion.

I think the case of South Africa disproves your reference to when minorities become large. There blacks were the majority, but left out of most positions of power. I don't know figures, but my guess is they still have trouble in professional positions, while government positions are easy for them to get. Affirmative Action can be structured in different ways depending on the specifics of the imbalance. If you're curious, look up John Dunning on structural vs. endemic market failures and appropriate government responses in each case. This is tilted more for economics, but I'd contend it's much the same thing in the end.

And I don't think I'm approaching this from "claims and reparations". This is more simply acknowledging the sources of these undesirable (I think) imbalances, that they aren't going away on their own, and that we need policies to address them. Curing black ailments and setting up a new generation of Brazilian ones isn't quite acceptable. In terms of wealth, African-Americans would be the 13th richest country if grouped together thus, down slightly from MLK's 9th, but in terms of real wealth much higher in 2009 (though this latest crisis might have splattered that analysis all to pieces). Somewhere around Australia or South Korea. This is not slumming dollars-wise, but in bang for the buck, it doesn't look so pretty. It looked prettier in 1999, with crime heading down and jobs and home ownership headed up. It's not just dollar amount, it's societal position, opportunity, participation, and it's not just about 1 black person being president.

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I think the case of South Africa disproves your reference to when minorities become large. There blacks were the majority, but left out of most positions of power.

Not exactly. I did not say that if whites become a minority, they will become second-class citizens. I said that if whites become a minority, it will become far costlier to have government racial policy skewed toward protecting non-white interests over those of whites.

I also said that in the absence of a white majority, having our racial policies specifically favor non-whites (i.e. have them operate on the theory that whites are always the oppressor and non-whites are always the victim) will turn whites into second-class citizens.

During white rule in South Africa, the government did not have such policies, so Apartheid South Africa really isn't an example of what I was referring to.

Whether post-Apartheid South Africa disproves my reference sort of depends on whether or not you think it is headed the way of Zimbabwe.

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"Well, George Bush didn't have to meet any standards - he didn't study hard, wasn't that smart, didn't have great grades or test scores, and didn't earn the money that sent him to school. JFK got to Harvard on money earned smuggling liquor. There have been quite a lot of athletic scholarships - for men."

George Bush is old enough to be the grandparent of anyone entering the workforce today. His daughters attended state schools while he was president of the United States. Clearly, they were ineligble for legacy; whatever policy was in effect during the 1950's was not in effect during the 1990's.


"I don't quite know what your problem is. Sotomayor was valedictorian of her school despite having to work and being raised by a single mother in a ghetto." This single mother was a nurse by the way--she wasn't more poor that the hundreds of thousands of white people passed over to make room for admission to the Ivy Leagues.


"People who work hard often, though not always, get promoted."

No. Poeple who work hard usually do not get promoted. The Unitied States has hundreds of millions of working people. I would gather that, we took this group, at least thirty million of them work hard. The number those that are successful is much smaller.

"People who are in need often get a helping hand."

Once again, no. In fact, the only helping hands that exist are 1) being rich or 2) being a minority. There are NO merit scholarships these days--the PSAT, the qualifying test for an (emarassingly small) merit scholarship requires one to be in the upper 1/2 of 1 percent to qualify; race-based scholarships are given to everyone in the upper 10%.

Non-minority college students who choose to attend Ivy League schools will graduate with a huge amount of debt and face a workforce that will discriminate against them once again as they try to pay these loans back. Kids rich enough that they don't need loans don't need to go to college either to succeed--their parents could just as easily buy them gas station or an apartment with the money (and perhaps they should. The workforce has become strongly biased against non-minorities, making the ROI of thier education lower.)

"If it had been a Boys' or Girl's Club scholarship, would that be better than it coming from the government?"

It makes no difference. In fact it was probably private money that paid for Sotomayor's scholarships--in other words, it was paid for with other kids tuition, and with private donations.

That makes no difference to the whites and asians who either applied and didn't get in, or to the whites and asians who didn't even think of applying because they couldn't pay.


"Get off your horse"

I am very sick, of commands in responses. You have no right to tell me what to do, or what not to do. There is an implicit threat in these commands...fortunately, you are thousands of miles away. Learn to defeat my arguements intellectually, please.

I know you dislike me because, unlike other whites, I do not feel I owe you anything. Any debt that WAS owed needs to be weighed against the huge explosion in the population of affirmative aciton beneficiaries. The debt that white people and asian people owe does not increase by a factor of three simply because a black family chooses to have three kids, or because three hispanic families choose to immigrate. I feel, compared to the original population that was harmed, white people have already paid their debt--many times over.

"yes, we're trying to address historical inequalities and lack of opportunities."

How come this history never seems to become history?

"Yale and Princeton allowed their first female undergrads in 1969. Any sympathies for that?"

Not really. 1969 seems late, but its still history. There is no evidence that females are disadvantaged--in fact, current statistics would suggest the exact opposite.

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I have no indication his daughters wanted to go Ivy - somehow they seem Longhorns material to me. Are the Kennedy kids going to U of Mass this year? Rockefellers going to CUNY? I noticed Caroline almost got given a Senate seat - sure that legacy thing is vanished?

I said hard working people often get promoted. Sure it's a mixed bag, but not sure why you're so certain hard work doesn't pay off. Seems I saw some people moving quickly up the IT and Finance ladders 10 years ago - who were those masked men? Who were all those people buying houses and cars?

I don't know the specifics of financial aid for colleges these days, so won't argue. In the time of Sotomayor merit scholarships I believe would have been much more common.

What makes you think other whites think they owe me something? What makes you think you're thousands of miles away?

In any case, your high horse is that you notice one side of the equation - opportunities lost to one segment of the population. You don't seem to notice the opportunities other segments were previously denied. You don't mention other factors like regional balancing for schools - also a form of discrimination. Who needs someone from Montana at Yale, right? What about those foreign students - often getting there for tons of cash, little merit. What about more fundamental issues - why did we give back billions in tax cuts to the rich at a time we could have used the money to keep our debt in check and use some to make our educational financing better, even provide merit scholarships? Hell, more kids in upper education, that might have even helped our economy. But we bet on trickle-down again, and all we got was a lousy war and a TARP bailout.

All that complaining about welfare mothers in the 80's, and then we paid out $500 billion to rescue failed S&L's. Well, happy to reform welfare a bit, but this continual class warfare that always seems to end with banks coming in to clean out the tills gets on my nerves.

"How come this history never seems to become history?" - I addressed it above, that Buchanan has a point, that most blacks became literate by 1900, but 100 years later we're throwing billions of dollars at education problems and it's being blamed on ante-bellum status. Of course it wasn't until the 1960's that real equal opportunity started to come about, but 40 years later we should be cruising, not struggling. Nevertheless, integrating East Germany back in has been slow and expensive as well.

"Yale and Princeton allowed their first female undergrads in 1969. Any sympathies for that?"

"Not really. 1969 seems late, but its still history. There is no evidence that females are disadvantaged--in fact, current statistics would suggest the exact opposite."

Pure poppycock. Statistics will show quite a few limitations for females in the workforce, in terms of positions attained, duties assigned, pay received.

"The average take, including salary and bonuses, for all 500 CEOs was US$ 12.8 million, double the female average of US$ 6.5 million," Forbes said.
This was after a big change - a year when men's pay was cut a lot because of executive pay outrage but women's went up. How's that? Well, only 13 of those Fortune 500 CEO's are women. The year before there were only 12, with only Xerox's CEO making more than $5 million and ranked #225. The 2nd highest woman came in at #281.

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"Not really. 1969 seems late, but its still history. There is no evidence that females are disadvantaged--in fact, current statistics would suggest the exact opposite." "Pure poppycock. Statistics will show..."

Statistics will show that currently, in the current crop of college-age kids, there more women both applying and being admitted to college than men. Women currently have better grades, on average, then men (and the higher test scores that men often get are being given less emphasis in the admissions process than before.) For that reason, I said women no longer need any additional help in college admissions despite the fact that in 1969, which is 40 years ago, women were admitted to Yale for the first time.

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Your response was "There is no evidence that females are disadvantaged" and then it becomes "disadvantaged in college admissions", certainly a much narrower focus. If women's access to undergraduate and graduate programs is level, then we should be able to cut back on affirmative action measures. It may be we still need some for faculty positions and for access in the business world. It may be we see a need to push harder on some needed professions that are more neglected as enrollment shifts to disciplines women prefer, even gasp giving white men scholarships for going into these fields. A bit of social engineering is a wonderful thing, eh?

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"Your response was 'There is no evidence that females are disadvantaged' and then it becomes 'disadvantaged in college admissions', certainly a much narrower focus."

The question was if I had sympathy for females first being admitted to Yale in 1969, and whether I felt this justified affirmative action for them. That question was clearly about college admissions.

Women face a differnet set of obsticles in the working world; some of these are due to the life balance choices they tend to make. Any comparison of earnings needs to factor in both hours worked, career logevity and dedication to a particular career path. Women are wealthier then men on average; they make 85% of all purchases and own 55% of all US stock, so any earnings differences between women and men in the workplace appear to be offset by other transactions that may occur.

I don't support social engineering in any case, but I especially don't support it when two groups are on a relatively equal footing. If there are some careers that favor women, and others that favor men, then both groups should focus on what they are good at.

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Women making 85% of purchases with whose money? Women own 55% of all stock? Maybe somehow if husbands are setting up trusts for their wives to protect earnings from bankruptcies, otherwise this is just some fantasy pulled out of somewhere. Who are these stock owners? How many female stock traders, how many female owners of large business, how many female CEO's, how many female execs?

Sorry, not buying this one. There may be some clever way this is true, but it doesn't change the control of the economics. Men rule the roost.

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The number 53% of all stocks is mentioned quite frequently:


http://www.clickz.com/822611
http://media.gm.com/news/speeches/020405_browner.html

"Women control 80 percent of household spending...and own 53 percent of all stocks"

The primary reasons for this are: women receive money through gifts, through divorce, and due to longer lifespans, through inheritence. This results in a situation where women are wealthier, on average, than men.

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If Browner gave any citations I might be able to respond. I suspect his/her reference might a mistake and instead be that women make up over 1/2 of all stock owners, which would be an entirely different kettle of fish.

Probably all of this comes from Fara Warner's book, The Power of the Purse, but I don't see anywhere any supporting evidence.

Forbes Top 5 all men - in next five are 2 Walton women. 3 women towards the bottom of the next 15. Two near the bottom of the next 25. One in the next 50. Whatever, I'm sure they can manage to skew it like women control the wealth.

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Wow, what I get from the comments to this post is that people who are opposed to affirmative action are spectacularly, embarrassingly ignorant! Interesting. I had assumed it was only about racism. It's not.

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"Wow, what I get from the comments to this post is that people who are opposed to affirmative action are spectacularly, embarrassingly ignorant! Interesting. I had assumed it was only about racism. It's not."

What an interesting form of argument. You could cut that down to fewer words by shortening it to "you're stupid. I'm right."

A higher level of debate is found among kindergarden kids.

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"People who work hard often, though not always, get promoted."

No. Poeple who work hard usually do not get promoted. The Unitied States has hundreds of millions of working people. I would gather that, we took this group, at least thirty million of them work hard. The number those that are successful is much smaller.

"In any case, your high horse is that you notice one side of the equation - opportunities lost to one segment of the population. You don't seem to notice the opportunities other segments were previously denied."

I notice that academic standards were replaced with race in much of the admission process, and this allowed access to some already-well-off black and hispanic students to opportunities they wouldn't have had. The number of admitted students did not increase; whites and asians give up spots. If this were not the case, the opportunity would have been less bright.

I believe that life is, on average, a zero sum game. Over time we all get slightly wealthier--at about a 3% rate, on average. But a person's position in society, relative to others, at a given point in time, is one of the most zero-sum games you can find.

Everybody works hard. Factory workers in China work harder than anyone with the free time to post here, and they do it for a few dollars a day. Not everybody becomes successful. There is very little correlation between hard work and success.

The strongest correlation--and most guaranteed form--I think, is to create a barrier to entry in your line of work. It's much more profitable, on average, to be a skilled attorney working for an already profitable business than one of ten enterprenuers who tried, and most likely failed, in creating that business. The attorney gets paid ten times out of ten; the entreprenuer, only one time out of ten. And if the supply of available attorneys is kept low, the few attorneys out there get even richer.

How does this fit in with the affirmative action debate? Well, affirmative-action lawyers are being paid for an academic standard they did not meet. Had the standard been lowered for everyone, they would have faced much more competition.

They also are being paid for a financial stadard they did not meet. They were given scholarships; had everyone who met the academic standards been offered one, once again, they would have faced much more competition.

And much more competition means lower wages--the exact thing that denies a person a "good opportunity."

Liberals don't understand the concept of a zero-sum game. They're constantly robbing Peter to pay Paul, then robbing Paul to pay Peter, all the while never understanding why "the poor are always with us."

Or perhaps they do understand. The above game will always provide new government jobs to liberals.

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Liberals understand it, they just don't have to buy it. Just because you say it's true doesn't mean it's true. In terms of robbing, I see a helluva lot bigger robbing coming along in terms of S&L bailouts, TARP, the ridiculous prescription benefit, defense ripoffs, agriculture subsidy ripoffs, then I do on any suspect liberal program. Count the trillions and see if there's any reason why we couldn't have been more effective with poverty for a pittance of the robbed sum.

People shifted jobs all over the place in the 1990's and made a tidy sum of money - both entrepreneurs and people who rode their coattails in regular dayjobs. If the government change in 2001 didn't decide to shift from a capitalist market economy back to crony capitalism and a war economy, we could have continued much of that growth as we improved efficiency, paid down debts and improved services. But a few hundred billion siphoned off to my closest friends each year certainly lowers available services from both the government and private sector. Even in China people have been able to drastically improve lifestyle - if you don't focus completely on salary but also add in improvement and lower cost of goods and access to government services and quality of life improvements such as improved judicial and some attempt to rectify pollution and better trains. But if you frame it that hard work never pays off, life sucks and then you die, really not much to discuss, I don't buy the pessimism as long as we make an effort to keep the law and justice system functional.

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"People shifted jobs all over the place in the 1990's and made a tidy sum of money - both entrepreneurs and people who rode their coattails in regular dayjobs. If the government change in 2001 didn't decide to shift from a capitalist market economy back to crony capitalism and a war economy, we could have continued much of that growth as we improved efficiency, paid down debts and improved services. But a few hundred billion siphoned off to my closest friends each year certainly lowers available services from both the government and private sector."

Millions of people have some culpability in the last economic downturn. It wasn't just the big guys at the top that caused it; the real damage was caused by the individual mortgage brokers who overlooked any due diligence before writing loans they should have never written. They later sold these off in packages that were inappropriately priced by the market--and repeated the process until the collapse eventually occured. Millions of homeowners borrowed inappropriately to buy houses that they could pay for under only the most rosy of scenarios.

And none of that has much to do with affirmative action. Whether affirmative action needs to end eventually--and whether that date should be moved foward towards the present due to demographic changes in the US that will make minorities into the majority--has absolutely nothing to do with whether a few CEOs and millions of homeowners behaved badly.

Could the US afford more liberal economic policies if people never made mistakes? Yes.

However, that seems to be an overly optimistic expectation as well, doesn't it?

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I'm not expecting grand efficiency. I'm expecting not allowing looting as the name of the game. If the last administration hadn't come in with an oversight-is-bad attitude, I don't think it would have been nearly as bad. It wasn't just Fannie Mae, but Fannie Mae did know how to lobby Congress, under Clinton as well as Bush, so it was hard to shut them down earlier. But a government that discourages its own IRS from auditing, that keeps investigators from investigating, that promotes the giveaway such as the military contracts, is inviting corruption and disaster at a much higher level, and that's what they got. The leaders in all businesses will try to push the limits. Part of government is to make sure they don't go over the edge, not to collude in it.

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