Click Here to Go to the Ashbrook Center's Homepage

Subscribe to Our Email Update
 
SEARCH
 

Home



Support the Ashbrook Center



Subscribe to Our E-Mail Update




No Left Turns:
The Ashbrook
Center Blog







Ashbrook Scholar Program

Master of American History and Government






  Podcasts



Other Ashbrook
Web Sites:


AshbrookScholar.org



mahg.ashland.edu



TeachingAmerican
History.org


Document Library

Constitutional Convention

The American Founding



Presidential
Academy.org




Congressional
Academy.org




Letters from
an Ohio Farmer




VindicatingThe
Founders.com




ClassicsOf
Strategy.com

Of Affirmative Action, Judicial Activism, and Constitutionalism
Res Publica, v6n1
April 1995

by: Craig Haller


The United States of America is the sole remaining superpower on the planet. It is, and has been for some time, the greatest country on the globe. Since its conception it has seemingly possessed a destiny to become the true bastion of liberty and equality in a world that has recurrently denied such tenets that "all men are created equal" and that each of them possesses a sufficient amount of human dignity to decide exactly what is in his best interest. It is not a preordained destiny, however, and quite frankly, the undeniable success of the United States owes nothing to fate or luck. The glorious history of America has not been bestowed on her by God. Rather, we owe our triumphant past to honorable, industrious men and women who have not yielded to the temptations of compromise in their attempt to forge a correct interpretation of the proper humane society out of the wilderness of human passion and human infallibility. The classic manifestation of such an effort, of course, is the Constitution. It is precisely this document, as well as the principles sanctified by it, that have allowed America to become great.

American Constitutionalism is not well, however. Its ailments, unfortunately, are numerous. One of its greatest afflictions is affirmative action. The disease caused by the quota system that has developed since the Civil Rights Act of 1964 has made America into a country that is not merely afflicted with discrimination, but, rather, has made it into a country that rests firmly upon it. In fact, since its inception, the intent of the Civil Rights Act has been undergoing a metamorphosis. Through an offensive collaboration of the Equal Opportunity Commission (the group given much of the responsibility for implementation) and the Supreme Court, the Civil Rights Act of 1964 has created a society that has legalized behavior that the legislation was expressly designed to eradicate.

Undeniably, the greatest part of the guilt lies on the Supreme Court. In direct opposition to their assigned duty, the Supreme Court has refused to merely interpret the Constitution and the intent of the laws that fall before it. Our current quota system is a prime example of this judicial irresponsibility. More specifically, even though the chief advocate of the Civil Rights Act, Senator Hubert Humphrey, remarked that if there existed anywhere within the Act anything resembling quotas he would "start eating the pages one after another, because it is not in there," the Supreme Court, nevertheless, has continually allowed racial and gender preferences to dominate employment practices, thereby eliminating merit-based requirements. Further provisions defining discrimination as "intentional" act and protecting merit-based employment tests have also been deliberately overlooked by subsequent activist courts in order to aid an agenda designed to improve the conditions of selected groups at the undeniable expense of white males. Furthermore, the quota system is not only an attack on white males but on private business, in general. Sadly, this government intrusion has made the private sector a sort of quasi-public works system intended to employ workers for employment’s sake with no regard for productivity.

The behavior of those who have been instrumental in furthering affirmative action is summed up quite effectively by a quote of Justice Thurgood Marshall found in the autobiography of the liberal judge William O. Douglas&151;"You guys (white males) have been practicing discrimination for years. Now it is our turn." Clearly, such a statement reveals a lack of respect for the expressed duties of a Supreme Court judge. Sadly, however, it is quite representative of the entire era of affirmative action where punitive damages have become juxtaposed with constitutionally-protected rights.

So here, once and for all, I, a member of this country’s majority group, apologize on behalf of myself and all white males for possessing the same skin color as well as the same gender as many of the worst discriminators in American history. With that said, however, the citizens of this great nation must realize that there is no room under the Constitution for legalization designed to punish those who physically resemble past perpetrators of injustice. We must also realize that the term "discrimination" does not only refer to an offense against a minority group. In fact, it applies as much to a white male from Minnesota as it does to a black woman from California. Such a correct interpretation of the term is sorely lacking throughout this country. Without it, the color-blind country that Justice John Marshall Harlan discerned nearly one hundred years ago will continue to exist as one of that views the rights of its citizens through the prism of racial and gender preferences.

Craig Haller is a junior from Kersey, Pennsylvania, majoring in History and Political Science.



 


Printer-Friendly Version

Upcoming Events

Mike Huckabee
Thursday, June 28

Maureen O’Connor on the Constitution
Monday, Sept. 17


Recent Publications


A Policy Analysis of Local New York Laws Banning Oil and Gas Exploration by Robert Alt

Obamacare and the Supreme Court: An Opportunity for Reflection by Michael Schwarz

Moratoria on Drilling are Legally Dubious by Robert Alt

Rick Santorum and Limited Government by Andrew E. Busch

Who Owns the Bard? by Ellen Tucker

Clarence Thomas and the Wisdom of the Founding by Ken Masugi

U.S. Headed in the Right Direction by Peter W. Schramm

Deficits and Cultural Politics by David Marion

America’s Future in New Europe by Justin Paulette

Our Discussion of Islam by David Foster

The Tea Party and Nullification by Michael Sabo

Drama Queens: Elizabeth Taylor, Camille Paglia, and the Purposes of Female Power by Julie Ponzi

Honoring Ronald Reagan by Peter W. Schramm

Realigning American Politics: Do We Still Hold These Truths? by Matthew Spalding

Reagan’s Inherent Goodness Made Him One of the Great Presidents by Peter W. Schramm

Reagan the Radical by Stephen Knott


Audio Archive


Terrence Moore on Education Reform (2012)

Stephen Moore on Capitalism (2012)

David Tucker on Fear and Freedom (2012)

Reed Browning on the War of Austrian Succession (2012)

Pat Tiberi on the American Dream (2012)

Ramesh Ponnuru on Obamanomics (2011)

Gordon Lloyd on Political Economy (2011)

Steven Hayward on the Health of Capitalism in America (2011)

John Boehner (2011)

Jonah Goldberg on Liberalism (2010)

Mitt Romney (2010)

John Kasich on the Future of Ohio (2009)

Conference on the Presidency and the Courts featuring President George W. Bush (2008)

Jeb Bush on America’s Promise (2008)

Glenn Beck on Militant Islam (2006)

Karl Rove on Conservatism (2005)

James McPherson on the Battle of Antietam (2005)

David Hackett Fischer on Liberty and Freedom (2004)

William Bennett on the Politics of War (2004)

Edwin Meese on Homeland Security (2003)

Barbara Bush on CSPAN (2003)

Victor Davis Hanson on Terrorism (2003)

Benjamin Netanyahu on Attaining Peace (2002)

Clarence Thomas on the Supreme Court (1999)

Margaret Thatcher on Ronald Reagan and Freedom (1993)

Dick Cheney on American Foreign Policy (1991)

Ronald Reagan on John Ashbrook (1983)

  Real Logo
Visit our archive of over 200 other Ashbrook speeches at
audio.ashbrook.org or subscribe to our
Events Podcast.








ASHBROOK SCHOLAR PROGRAM | MASTER OF AMERICAN HISTORY AND GOVERNMENT |
PUBLICATIONS | EVENTS | PODCASTS | NO LEFT TURNS BLOG | AUDIO ARCHIVE | DONATE | ABOUT US

 

Ashbrook Scholar Program:  Home | Apply Online | Request More Information | Course of Study | Faculty | Speakers |
Why Study History or Political Science? | Internship Opportunities | Student Publications | Financial Assistance | FAQ | Contact Us

Master of American History and Government:  Home | About | Admission | Schedule of Courses | Course Registration | Tuition | Faculty | Request More Information

TeachingAmericanHistory.org:  Home | Saturday Seminars | Summer Institutes | Partner on a Teaching American History Grant | Historical Documents Library | Audio Lectures and Discussions | Constitutional Convention | Ratification of the Constitution

Presidential Academy for American History and Civics:  Home | About the Program | Documents and Texts | Faculty | Itinerary | Application

Congressional Academy for American History and Civics:  Home | About the Program | Documents and Texts | Faculty | Itinerary | Application

Podcasts:  Home | What's a Podcast? | Subscribe

No Left Turns Blog  Home | Archive | Postings by Author | Comments by Our Readers | What's in a Name? | RSS Site Feed

Publications:  Home | Editorials | On Principle | Right from the Center | Dialogues | Books | Monographs |
Ashbrook Statesmanship Theses | Res Publica | Publication Request Form | Publications by Subject

Events:  Home | John M. Ashbrook Memorial Dinner | Major Issues Lecture Series | Colloquium |
Van Meter Scholarship Luncheon | Conferences and Special Events | Calendar of Events | On-Line Speeches (RealAudio)

About Us:  Home | Board of Advisors | Staff | Who Was John M. Ashbrook | Support the Ashbrook Center |
Map and Directions

 

Verizon Foundation
Support for ashbrook.org is provided by the Verizon Foundation.


John M. Ashbrook Center for Public Affairs
Ashland University
401 College Avenue | Ashland, Ohio 44805
(419) 289-5411  |   (877) 289-5411 (Toll Free)