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Author Message
25 new of 232 responses total.
rcurl
response 95 of 232: Mark Unseen   Jan 22 01:13 UTC 2003

Minors are not provided for in the Constitution, except to exclude them
from participation in much of society. What provisions of the US
Constitution apply particularly to minors, other than by assuming
"persons" includes minors? The statutory law is very mixed on this, but
certainly a great deal of discretion is granted both parents and the State
to determine provisions for minors. This is in the context in which it is
certainly permissible to apply whatever remedies seem necessary for the
education of minors, including provisions to assist in the education of
minority minors. I do not see any good reasons why States should not
have the power to use affirmative action to redress some inequalities in
access to education.

scg
response 96 of 232: Mark Unseen   Jan 22 01:35 UTC 2003

While Rane is trying to justify something I support, his argument is bullshit.
Affirmative Action doesn't apply only to minors.  In fact, in this particular
case, many college freshman and just about all law school applicants are not
minors.  Furthermore, it's now illegal in the US to discriminate among minors
based on race, just as it is for adults.

The legal basis for Affirmative Action and the like has been that the
underlying segregegation was illegal, and Affirmative Action was the least
intrusive way to counter that.
klg
response 97 of 232: Mark Unseen   Jan 22 01:46 UTC 2003

What part of "No state shall . . . deny any person within its 
jurisdiction the equal protection of the laws" does mdw believe is 
negated by "a much larger and older matrix of logic?"  Sounds pretty 
clear to me - and it does not include and ifs, ands, or buts, least not 
as I can see.  If you don't feel it's necessary to respect the 
Constitution, then don't come whining to me when you suspect that others 
may be violating lesser laws.
scg
response 98 of 232: Mark Unseen   Jan 22 02:06 UTC 2003

Affirmative Action is an attempt to restore some approximation of equal
protection of the laws, not to circumvent it.
scott
response 99 of 232: Mark Unseen   Jan 22 02:07 UTC 2003

Re 97:  Can you reconcile your quote with the long period of time in which
slavery was explicity legal in the United States?
klg
response 100 of 232: Mark Unseen   Jan 22 02:18 UTC 2003

I don't have to.  (A) Slavery was wrong.  (B) Affirmative action (i.e., 
lack of equal protection) is illegal under the Constitution.  You cannot 
construct a logical argument to prove that  (B) is untrue based on the 
prior existence of slavery.
gelinas
response 101 of 232: Mark Unseen   Jan 22 02:47 UTC 2003

(B) is a statement without foundation.  In fact, it is wrong:  Affirmative
Action is NOT a lack of equal protection.
jep
response 102 of 232: Mark Unseen   Jan 22 03:20 UTC 2003

I don't agree that affirmative action is unconstitutional.  The 
Constitution is a set of guidelines, not exact laws closely covering 
varieties of circumstances.  Every "right" is moderated.  Affirmative 
action laws are clearly not intended to evade or contradict the 
Constitution, not at least as a general rule.

But I don't think they're intended to correct any past or present 
wrongs, either.  What they're intended to do is buy votes by segmenting 
society and giving parts of it favors.  I don't think there's been much 
reduction in discrimination or racism because of affirmative action, 
any more than there was from desegregation busing.  There's less racism 
and much less discrimination, but it's come because of laws prohibiting 
it, and changes in society's view, not because of affirmative action.  
No minorities are going to be hurt by losing the chance to be given 
positions in colleges they could not earn.

Instead, I think society's resources would be better used in finding a 
way to correct the lack of respect for, and accomplishment in, 
education among minorities.  Inner city black kids don't *want* to be 
educated.  Their parents aren't that interested.  They don't think they 
can get a better life that way.

Why aren't they?  Because the schools are bad, the schools are full of 
drugs and rife with violence, the teachers are intimidated or 
disillusioned?  Or because U-M doesn't drop admissions standards low 
enough to let those people get in (and fail out) if they want to?
klg
response 103 of 232: Mark Unseen   Jan 22 03:28 UTC 2003

Affirmative action is, by practice (if not by definition), preference.

Equality is the opposite of preference.

Affirmative action is the opposite of equality.

Equality is guaranteed by the Constitution.

Affirmative action is contrary to the Constitution.


jep:  The Constitution is the Supreme Law of the Land, not the 
guidelines of the land.  Is it a "suggestion" that the presidential term 
is 4 years or a just a "good idea" to abolish slavery??
jep
response 104 of 232: Mark Unseen   Jan 22 03:33 UTC 2003

re resp:91: If you want to carry the medical care and affirmative 
action analogy even further, then I'm willing to counter it.

Immunization *work*.  You get a shot for, say, German measles, as 
almost everyone entering school does, and you don't get measles.  If 
you had to keep getting measles shots continuously for 40 years and 
then still almost always got the disease, some people might start 
scratching their heads and wondering just why they still got the shots.

With affirmative action, though, we just keep doing it, and never mind 
that it doesn't help anything.  "At least we're doing something."
scg
response 105 of 232: Mark Unseen   Jan 22 03:49 UTC 2003

I think if Affirmative Action opponents were conecntrating on fixing the
problems John mentions in the second sentence of his last paragraph, they'd
be getting a lot less opposition from Affirmative Action supporters.  That
they generally aren't shows their claims to be supporting racial equality to
be pretty hollow.

However, having spent some time tutoring kids in a middle school in a rather
rough neighborhood of Detroit, I will take issue with John's second to last
paragraph.  I don't think I encountered any cases of kids not wanting to
learn.  I did encounter lots of cases of kids thinking they couldn't learn
various things, and being very excited to find that they could.  There's a
huge difference.

re 97, 99, and 100:
        The Equal Protection Clause is in the 14th Ammendment, which was added
to the Constitution during the post-Civil War Reconstruction.  It doesn't have
to be reconciled with slavery, because slavery had ready been eliminated. 
It did take another 80 or so years before the courts started striking down
other forms of discrimination based on that ammendment.

Still, it would be nice if klg would stay on top of his own argument enough
that I wouldn't have to make it for him.  He's been handed an easy to rebut
argument, based on a part of the Constitution that he had either just looked
up or had memorized, and yet he completely missed it.
jep
response 106 of 232: Mark Unseen   Jan 22 05:13 UTC 2003

I take it resp:105 refers to resp:102.

I've never had any contact with inner city kids.  However, I've read 
about inner city kids not getting an education, not attending classes, 
not graduating, and about their parents not really caring or at least 
not knowing what they could do.  That was the basis of my comment.  
These things aren't a problem?

Steve, I think you're both highly intelligent and highly thoughtful.  I 
also think your heart's in the right place.  I very much enjoy reading 
almost all of your comments.  But in this case, it seems like you're 
talking past me.

I perceive that affirmative action is not accomplishing much.  There 
are some good effects, and I've conceded those.  There are also some 
bad ones.  I don't recall if you've conceded that, but others on your 
side of the discussion have, and I'd hope we can agree to stipulate 
that there are some bad effects.  It all adds up, to me, in there not 
being much improvement coming from affirmative action.

I don't know what to do about the problems of inner city high schools.  
I wish I did.  If I did, if I thought anyone did, I would be willing to 
vote more tax money to address the problem.  I might be willing to do 
other things, too.  Volunteer, for example, if I thought I could make a 
difference.

I don't know how to correct the problems of racism, racial 
discrimination, prejudice and inequity in society.  I wish I knew how 
to at least lessen these problems.  If affirmative action for 
admissions at U-M was really effective, I wouldn't be against it.  I'm 
not harmed by it personally.  I don't think my kids will be borderline 
U-M applicants who are likely to be affected.  (One will probably make 
it easily if he wants to, the other likely will not make it, unless he 
makes it an important goal and works hard for it.  I don't expect that 
to happen.)  I don't have anything to gain or lose.

I'm just trying to look at it from the perspective of fairness and 
effectiveness.  I think affirmative action is generally unfair, and I 
think it doesn't work.  In order for something unfair to be acceptable, 
it's got to work in the way that's intended.  The more unfair, the 
better it's got to work.  I don't think affirmative action makes the 
cut.

I think having a competitive school like Michigan giving bonus 
admissions points by race, specifically, is a bad idea.  No, I don't 
have another affirmative action plan to replace it.  You've won that 
point.  Now, tell me why you support it, even though it doesn't work, 
or supply some persuasion that shows it *does* work.
mdw
response 107 of 232: Mark Unseen   Jan 22 06:44 UTC 2003

If I understand what klg is saying, he thinks the constitution
supersedes the SC and common law.

Interestingly, a google search on
        constitution "common law"
finds a whole bunch of documents that claim the constitution was never
properly ratified and therefore isn't actually enforceable.
rcurl
response 108 of 232: Mark Unseen   Jan 22 07:44 UTC 2003

Re #96" c'mon Steve, I never said that affirmative action applies "only to
minors". I was developing the thesis that it applies more naturally to
minors, because of the established law that makes minors, in a sense,
wards of their parents and the State.

Having spent most of my career in academia, I disagree strongly with
jep that it's positive effects are not very evident. They are VERY
evident when one looks at who it assisted in more detail. There is an
increased corp of well educated minorities in all disciplines who got
some boost from affirmative action. What you see as reduced discrimination
and more access of minorities to all walks of life is due to BOTH
laws (the stick) and affirmative action (the carrot).

What those that oppose affirmative action should do is work to further
eliminate discrimination againsty minorities. As that progresses, the
need for affirmative action will fade, and eventually they will attain
their objective of the elimination of affirmative action, because it will
no longer be needed.

As matters stand now, I always get the strong sense that those that
argue against affirmative action are actually trying to slow or cut
back the progress that has been made by minorities in our society. There
is a certain sense of rationality in the "inequality" argument against
affirmative action, which those that would prefer to discriminate find
useful as an argument. 
mcnally
response 109 of 232: Mark Unseen   Jan 22 10:03 UTC 2003

  re #107:  The Supreme Court is the ultimate arbiter of its meaning
  in our system, but the Constitution *does* supercede common law.
gull
response 110 of 232: Mark Unseen   Jan 22 14:49 UTC 2003

Re #104: We now have far more minorities in positions of power and
influence than we did 20 years ago.  I'm not sure we can come to the
conclusion that affirmative action isn't "working".  Colin Powell has
been pretty frank in saying he benefited from it.

Re #106: Kids who learn things and don't get into trouble don't make
very good media copy, do they?  The media gives a really skewed view of
what inner city life is like, I suspect.


There was a great political cartoon in the Free Press yesterday.  It had
a series of students, labelled 'Soccer player', 'Son of graduate', 'Son
of major donor', 'Raised out of state', and 'Minority'.  At the end was
a student, marked 'Didn't get in', pointing at the minority student and
saying 'It's his fault!'
jep
response 111 of 232: Mark Unseen   Jan 22 18:49 UTC 2003

re resp:108: Any time anyone says they oppose any sort of program 
regarding race, for any reason at all other than that they favor a 
bigger and more expensive program, they're accused of being a racist.  
If you're going to assume I am a racist, there's nothing whatsoever I 
can do to counter your assumption, other than to fall into line and 
agree with you.  There's no need for you to look any further than that 
in order to answer anything I say that you disagree with.

I think there are other reasons, not requiring bigotry, for disliking 
affirmative action.  If you are unable to perceive that someone can 
have another position on this matter but still want to see reductions 
in racism, there's nothing for you and I to discuss in this item.
rcurl
response 112 of 232: Mark Unseen   Jan 22 18:57 UTC 2003

Are you suggesting that no one is motivated by racism in opposing affirmative
action? 

The arguments against affirmative action, trying to assert that equality
demands its end, although we don't hear from the same people that equality
demands the end of discrimination, seem disingenuous. Those attacking
affirmative action do not put the same effort into seeking solutions to
the problem of discrimination. 

slynne
response 113 of 232: Mark Unseen   Jan 22 20:12 UTC 2003

I am a currently a student at EMU even though I could easily have 
gotten into UofM. One nice thing I have noticed about EMU is that it 
has a very diverse student body. I dont know if this is because of 
affirmative action or what but having people from different backgrounds 
participating in class discussions has improved the experience for me. 
It is possible that UofM's decision to try to have a more diverse 
student body isnt to make up for past discrimination or to make things 
more fair but to provide a more enriching experience for everyone. That 
they give points to children of alumni is all the evidence I need that 
they arent really interested in making up for past discrimination. 

I wish I lived in a society where diversity at a place like UofM would 
just occur naturally but I dont. I'll bet there are a lot of people in 
the admissions office at UofM who wish the same thing. 


drew
response 114 of 232: Mark Unseen   Jan 22 21:47 UTC 2003

I've said it before and I'll say it again. It is impossible to discriminate
based on information that one does not possess. Deny the decision makers any
and all knowledge of what color any applicant is! Applicant race is properly
irrelevant to deciding who gets into the University; keep this information
scrupulously and painstakingly *OUT* of the input.

Same goes for deciding who gets hired by a company.
slynne
response 115 of 232: Mark Unseen   Jan 22 22:11 UTC 2003

I hate to break it to you, drew, but it doesnt take a genius to figure 
out a person's race during a job interview. Or are you seriuosly 
suggesting that people should hire folks without interviews? That might 
be fine for jobs where charisma isnt important but for other jobs it 
would be a disaster. 
jep
response 116 of 232: Mark Unseen   Jan 22 22:28 UTC 2003

re resp:12: Rane, in resp:108 you said you *always* get the sense that 
anyone who's against affirmative action is in favor of slowing or 
reversing the progress that's been made.  I think, from that, that you 
mean it as an accusation of racism.  *You're* suggesting that *every 
person* opposing affirmative action is a racist.  I'm suggesting maybe 
some of us are not.
slynne
response 117 of 232: Mark Unseen   Jan 22 22:46 UTC 2003

Sometimes people are racist (or sexist or classist or whatever) in 
subtle ways that they dont really notice in themselves. I am sure this 
is true about me. It might be true about you, John. Think hard about 
why you think the legacy points are ok but points based on race are not.


mcnally
response 118 of 232: Mark Unseen   Jan 22 23:36 UTC 2003

  Before you all start dropping the "R" word on John, consider whether he
  isn't just as entitled to argue that it applies to those who *support*
  affirmative action..
tod
response 119 of 232: Mark Unseen   Jan 22 23:52 UTC 2003

This response has been erased.

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