How to Mend and End Affirmative Action

How to Mend and End Affirmative Action

I find it hard to believe that the same constitution that protects blacks from having to sit in the back of the bus will permit publicly funded colleges and Universities to force People of Pallor, Jews and Asians to stand at the back of the admissions lines. In fact the Fourteenth Amendment to the Constitution specifically forbids unequal treatment. So how in the world did a majority of the Supreme Court decide that college admissions may be treated unequally depending upon a person’s race?
If I understand the Supreme Court’s split decision Monday, and there’s an outstanding chance that I don’t, then race based preferential college admission systems are permissible, as long as there is no actual program or policy to implement it. Quotas are out. Awarding extra points in competitive admissions is out. But nebulous, unwritten and unexplained extra credit for being black is just fine.
As I said, it’s entirely possible that I misunderstand the decision. Very often legal precedents are composed so that they defend themselves from being understood by normal people. But the majority opinion seems to rely upon “compelling interest” to ignore the plain language of the Fourteenth Amendment. This is probably worse than presidential candidate Richard Gephardt’s campaign promise to overthrow unfavorable Supreme Court decisions by executive order.
Is compelling interest the new interstate commerce? Article 1 of the Constitution confers upon Congress the power: “To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” For decades Congress would slither its way around constitutional limitations upon its authority by declaring its unconstitutional laws “interstate commerce.” A decade ago, the Congress issued its finding that violence against women is an impediment to interstate commerce and so gave itself unconstitutional authority over state and local law enforcement. More honest and clearer thinking Supreme Courts began overthrowing such laws, so a new crack through which amorphous, unrestricted governmental power can escape had to be opened. Presumably, all that Congress has to do now to exempt itself from constitutional limitations is to declare that it has a compelling interest in doing so.
How then can we, the great unwashed majority, finally rid ourselves of legalized racial inequality? Common sense hasn’t worked. The very idea that a coven of deep thinkers can decide which ethnic group may be discriminated against and just how much discrimination is enough is ludicrous on its face. We are no longer protected by the supreme law of the land as the Supreme Court has established itself above that law. The United States Constitution has just been declared subordinate to “compelling interests” as defined by whomever happens to be sitting on the court.
I say, let’s apply it to its natural conclusion. If equality of outcome is the overriding objective, then we have a compelling interest in making everyone equal.
I, for example, am about two inches shorter than the average American male. Study after study has shown that height is strongly correlated with income and professional advancement. Short people make thousands of dollars per year less than their taller peers and rarely ascend to positions of leadership and power. On average, a man standing 5’6” tall, will earn $6,000 less per year than an equally qualified 6 footer. According to economist Steven E. Landsburg, discrimination against the short is every bit as pervasive and costly as discrimination based upon race and sex. Legislatures should immediately begin passing laws to correct this disparity.
And when we’re done with that, let’s take up the case of the ugly. Recent research found that a woman judged ordinary in appearance earns about 5% less than an equally qualified woman considered beautiful. Being genuinely unattractive costs another 5%. This disparity grows even wider among men. Good-looking men earn far more than their equally qualified dumpy looking peers.
Fat people have their own problems that deserve special treatment.
As you can see, equality is difficult business. If some politician out there had a scintilla of courage, he or she would expose the logical silliness of affirmative action by proposing legislation aimed a achieving at truly egalitarian society.
Or, we could all just fill out those little Human Resources card and declare ourselves “black, Spanish-surname, women.” They have to take our word for it and they’d have to give us all the same benefits.