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It’s Time For President Trump to Restore Equality and End Affirmative Action
September 18, 2020 (4w ago)
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by Dr. James Colton

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Recently, President Trump issued a directive requiring the federal government to stop employee training based on “critical race theory.” While this is a good measure, the president can do much more through executive action to prevent the kinds of race-based policies that are harming our economy, contributing to racial tensions and tearing this country apart. By doing so, he can remove the incentives that ultimately lead to these kinds of trainings that exist throughout the private and public sectors.

In 1961, President Kennedy issued the first Executive Order to use the phrase “affirmative action,” requiring the federal government to take positive steps to ensure non-discrimination in hiring. This view of civil rights was greatly expanded in 1965, when President Johnson signed EO 11,246, which mandated affirmative action for any company that did at least $10,000 in business with the federal government.

Two things made this executive order particularly expansive. First, it applied to not only the work a company did for the federal government, but to its entire business. Second, the affirmative action requirement applies to their subcontractors too. Because of executive orders, affirmative action came to be required at most major businesses, as the government has come to play a larger role in our economic life.

From then on, exactly what “affirmative action” has meant has mostly been determined by the civil rights bureaucracy and courts, with little democratic input. In 1971, the Contractors Association of Eastern Pennsylvania sued the Nixon administration over its affirmative action requirements. The Third Circuit rejected the claim that it violated the Civil Rights Act. Bureaucrats and judges began to use the “disparate impact” standard, which said that a practice could violate the law based on statistical reasoning alone even without an explicit intent to discriminate. Utilization analysis allows one to infer discrimination based on the number of people of a certain race or sex working in a job relative to the labor pool, as defined by bureaucrats and courts, of course.

Diversity training is a direct consequence of affirmative action requirements. Under current law, a company can discriminate even with the best intentions; this required full-time human resource staffs to ensure that they comply with laws that are ultimately vague, in a world in which statistical disparities exist everywhere and enforcement is therefore arbitrary. Even if diversity training does no good, at the very least its existence can be taken as evidence that a corporation is making an effort.

In this environment, which company will paint a target on its back by appearing to do less than its competitors to stamp out discrimination, whether conscious or not? Today, according to one Harvard Business Review estimate virtually all Fortune 500 companies offer diversity training to their employees. Once such programs start, it is not enough to simply have such a program. As the media, judges, and bureaucrats expand the definitions of terms like “racism” and “discrimination,” risk-averse businesses that want to avoid lawsuits and federal government scrutiny move with the tide, and this leads to programs that denounce virtually all white people and the American system.

Fortunately, while the courts have played a large role in the development of civil rights law, what was created by executive order can largely be outdone by the same method. In 1986, the Reagan administration sought to weaken the affirmative action requirements in EO 11,246, but was prevented from doing so by congressional resistance. Today, President Trump has no such reason to fear taking action, given that his party controls the Senate and would be behind him on this issue.

The Trump administration has done the right thing by siding with victims of race-based discrimination in college admissions. It is time it did the same throughout the federal government and private sector.

While eliminating critical race theory in government training is an important step, the president’s power to undo some of the harmful racial policies of the last several decades is more expansive than most people realize. In order to achieve equal treatment under the law, the president can, in addition to appointing judges that follow the constitution as written, undo the mistakes of past administrations with a stroke of the pen.

EO 11,246 should be modified to do away with affirmative action in the federal government and among government contractors, by defining discrimination as intentional differential treatment based on protected class status. With the president in a tough reelection bid and polls showing overwhelming opposition to affirmative action, such a move would likely be good politics in addition to undoing the undemocratic shift over the last several decades towards state-sponsored discrimination.

Dr. James Colton is a former academic working full time at a major public policy think tank.

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11 responses to “It’s Time For President Trump to Restore Equality and End Affirmative Action”

  1. I would like to see a US Government policy where:
    All Government forms were prohibited from asking for Race and Ethnicity.
    All Government projects and employment practices discontinue the use of Race for consideration.
    No Government funding for Schools, Projects, Policies that use Race as a means of qualification.

    Let’s judge all people by the “Content of their Character” – not the color of their skin.

  2. I worked for the US government for 20 years, and I can tell you that the excuse of Affirmative Action covers a mountain of pure corruption. It goes hand-in-hand with the whole “diversity” scam.

  3. When LBJ signed off on Affirmative Action in 1965 it only represented those ‘few drops of rain which presage the monsoon’ . . . for what would come in 1968, when, in parallel to the Civil Rights legislation of that year, the Supreme Court ushered Jewry into exultation as “legally White.”

    This infamous lie translated to, ‘Jews as the ONLY White race,’ as only the Jews could or WOULD have done.

    Bang! It was like a nuclear canon had detonated in the White European communities, as Jewish bosses found themselves empowered UNDER THE FORCE OF LAW to hire ONLY JEWS as White, whenever the Affirmative Action Guidelines and its time schedule — a carbon copy of the Soviet model — permitted entry of a White person to the workforce, either in the government or private sectors.

    These past 52 years have thus seen the full Jewish-izing of the Amerikan Communist workforce, with White Europeans fully disenfranchised precisely as men like Jefferson, Adams and Franklin warned would be the result if we brought Jews and their central banking crime syndicate in to live among us, saying (in paraphrase), ‘we would one day wake up homeless and bereft in the nation our forefathers carved from the wilderness.’

    Viola!

    So — repealing Affirmative Action would be a very good beginning to a solution — but much, much more needs to be accomplished before the United States is brought back under full embrasure of Constitutional Rule of Law.

    . . . All Civil Rights code must be repealed and made forfeit, while the great imbalance of Jewish power is brought back into parity with the numbers!

    The Valid Cause of Action must be fully restored and the police transmogrified racially into a just and equilateral force de guerre against crime, so that it is once again recognized that all Americans are born with an equal opportunity under the law but what we do with such opportunity afterwards is a matter strictly up to us.

    . . . That there will be no artifice through embellishment of beloved minorities struggling to ‘get ahead;’ no promotion of needy racial, ethnic and cultural groups who just. . . ‘need a little help’ in getting ahead.

    All should be forced to accept an ‘either make-it or break-it’ criteria where the truly gifted and capable rise to the top of the heap while those of lesser capabilities, ranging through myriad and variegated groups from the least ingenious to those of the highest capability, give it their best shot at making a living.

    . . . This was the system that made America the greatest nation on earth!

    We can have it back if we try.

    • Having free college educations handed to them is wrong when they can’t even read past the 8th grade properly. Handing them govt jobs when they can’t even balance their own checkbooks is wrong. Insisting they stop being shot by the police is wrong when statistics prove that more white folks are shot by the police every year. Who is pushing this agenda? The jewish Bolshevik Communists that’s who. They tried to overtake our government back during FDR’s illegal 4 terms as President. He was the first Communist President when you go back and look at his Communist cabinet of jews….and his admiration of Stalin and instituted Stalin’s ideas and used the CCP Corps to have full grown men live in work camps far from home paying them peanuts every month for salary and mandating they send most of it home to their families to supposedly ‘live on’ during the jew made Great Depression. Our country was more of a Communism country during that time then ever before or since… with more poor people not having food or shelter. Typical Communist agenda.

  4. They have been given a blank check to do whatever they want and claim it’s racism if they don’t get their way. Enough of this pretend affirmative action crap. This is reverse racism against people of any other color. What more do they want from the US that they don’t already now have? I think it’s the jews who are fomenting all this affirmative action crap and forcing the blacks to overreach the real meaning of the words…. to their advantage. Nothing like putting down the white people in this country for something the jews did to the blacks many years ago in bringing them to the America in chains on jew owned ships.

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