Logic Of Affirmative Action

Few social policies transcend boarders, even fewer evoke such fierce debate, or prolonged inquiry, as does the controversial policy known as affirmative action. Its presence is known in numerous countries, under various guises: "Standardization" in Sri Lanka, "positive discrimination" in Great Britain, and India, "reflecting the federal character of the country," in Nigeria, and "sons of the soil" preferences in Malaysia and Indonesia. (Affirmative Action Around the World, pg2). Its critics are vocal as to their dissent of its legality, and fight tirelessly against it, often times in unity with one another. From individual citizens, to presidents, Supreme Court justices, and those in academia, all weigh in with their own perceptions. The purpose of the following argument is to provide an in-depth, formidable analysis of affirmative action, primarily in university admissions in the United States of America.

Regardless of the stance taken, proponent or opponent; affirmative action is often misunderstood amongst its most fervent commentators. What is affirmative action? Why, if at all, is affirmative action needed? Where and when did it originate? For what reasons? To whose benefit? To whose detriment? All of these questions, and more, beg not only answering, but asking. However, even the answers to these questions are intensely debated. Affirmative action stretches through numerous cities, states, countries, and hemispheres. To turn this policy into distinctly "American," would be a grave misrepresentation, as doing so, would discount the histories and issues of countries who have similar programs; in some cases, outdating that of America. This being acknowledged, particular attention will be paid to the American experience.

Before an argument can be made in favor of, or in opposition to, affirmative action, one must first understand what affirmative action is. "Affirmative action is a policy or a program aimed at increasing the representation of members of groups that have traditionally been discriminated against." (Wikipedia, Affirmative action) The policy dates back to the 1960's, its beginnings originate from severe discrimination against racial minorities, and women. Its goal is to increase the representation of those groups that are traditionally underrepresented in fields that have been discriminatory in the past. The terms "affirmative action," and "positive discrimination," originated in law, where it is common for lawyers to speak of "affirmative or "positive" remedies that command the wrongdoer, to correct a wrong. (Wikipedia, Affirmative Action)

Numerically speaking, the most severely underrepresented groups in the U.S.A have consistently been people of color, and women. This is a result of America's past, which is inundated with severe oppression, and discrimination against both groups. As a result, these two groups lack representation in positions normally associated with white males, and prestige. In the early parts of the century, blacks were denied basic education from not only post- secondary educational institutions, but basic educational institutions. The discriminatory trend also included women, who were also denied basic educational and social privileges.

The issue of race and education was most prominently addressed in 1954, with the landmark case, "Brown vs. Board of Education", which ruled that "separate but equal [was] inherently unequal. The landmark verdict overturned a previously heavily relied upon doctrine (Plessy vs. Fergusen) which had legalized segregation in the U.S. Less than ten years after "Board vs. Education", in 1964, then president Lyndon Johnson signed the civil rights act into authority. This act, forbade discrimination on numerous grounds, namely, race. He went even further by requesting that America take "affirmative action" when hiring. By affirmative action he wanted businesses to employ qualified underrepresented minorities to fill positions; this led to the need to diversify in many other public spectrums other than employment, such as education.

Colleges around the country, who were also seeking to diversify, followed suit with employers, who were seeking to diversify their institutions. Colleges posed the question:

How can we racially diversify our student populace, allowing our institutions body to mirror America's diversity? The answer quickly became affirmative action. This program, still in its developmental stages, allowed colleges to set numerical goals, in

order too boost minority enrollment. The program would start off small, with just a few spaces reserved for minorities, gradually increasing its numbers until the campuses diversity mirrored America's. The program operated by allotting seats specifically for different races, categorizing applicants by race, than putting them against their own for the entering seats.

Not long after the policies inception, the debate regarding affirmative action reached the supreme court of the United States for a decision