Constitutional
Admissions (and Hiring) Policies to Replace Affirmative Action Although I think that black people are
generally at a serious unfair disadvantage for developing their potential to be
successful in America, and although I think that the Supreme Court decision in
the North Carolina and Harvard cases will serve in the short run to maintain or
exacerbate that disadvantage, I believe that the court’s decision that
affirmative action based on race is unconstitutional will enable and require
colleges and society at large to better and more fairly come up with ways to
overcome the consequences of discrimination – presuming that they want to be
fair to groups that have been disadvantaged in the past and that still face
discrimination in the present. Although
some universities may not care to be fair to disadvantaged groups, those are
not the universities that had affirmative action programs anyway, so what I am
discussing here is intended to be a replacement policy for affirmative action
policies and programs universities wanted but which the Supreme Court has said
were constitutionally prohibited. First, however, there is no reason in an
“information age” like ours that knowledge and wisdom need to be limited to
relatively few universities. There are
good teachers at many undergraduate colleges and at community colleges. Knowledge is not necessarily a limited
resource; it can be readily disseminated, accessed, assimilated, and multiplied
if teachers and students want to do that.
It does not have to be confined to Harvard, Yale, Stanford, Michigan,
MIT, or Cal Tech. But, for the sake of discussion, let’s assume
there are limited beneficial educational resources for the number of people
seeking them and that choices have to be made which students should have access
to them and which should be denied that access. Now imagine you are a track coach who has two
applicants for one slot on your team or a baseball coach with two applicants
for one available position, and in the first case one of your prospects has run
just under a four minute mile routinely, but the second applicant averages 4
minutes 30 seconds. On the face of it,
of course, the faster runner deserves the open slot, based on speed, which is
the point of running races in track. But
suppose that all the other applicant’s races have been with her/him having to
carry a 50 pound backpack. Or suppose
in the baseball case, one applicant has hit 50 home runs a season, and the
other 30, but the one that hit the thirty did it with one hand tied behind
his/her back at each at bat. Would it be
wrong to give the slots you have to the runner with the slower times or the
batter with the fewer home runs – based on likelihood that when the handicaps
are removed, the ones who had to labor under them will do far better than the
ones who did not? Shouldn’t colleges, universities, and
employers accept people on the basis of their likely future accomplishments
under fair conditions rather than on their past achievements under unfair ones? Shouldn’t colleges and universities be free
to choose the applicants they think will most benefit society from an education
there, not just the ones who have most benefited from resources and
opportunities unfairly distributed and unfairly available to them in the
past? And shouldn’t universities, not
legislatures or federal judges, be the best people to decide who the most
promising students will be that will make the most of their education? There are at least two different problems with
the disadvantages caused by discrimination: 1) it is unfair, and it 2) holds
people back in a way that prevents their development into the most productive
and helpful people they can be, both for society and for themselves. Affirmative action is intended to try to
right the previous unfairness by leveling the playing field and to make up for
short-changing people before by allowing them extra opportunities to make up
for what they missed. It is like
providing medical care to those we injured so that they can contribute more and
earn more in fair compensation for their greater contribution. You cannot say a race is fair only if your
“opponent” is denied a counterbalancing advantage after you have kneecapped
him. You don’t get to take advantage of
the disabilities you have inflicted and disadvantages you or your group have
caused. But “opponent” is the wrong way to think of
other people, for economics should be considered more of a concerted effort of
contribution toward a whole than a contest or competition. The more each person can contribute, the more
there is for him/her to be able to fairly receive in return, and the more there
is for each co-contributor to be able to fairly receive also. Even in sports, players and teams need worthy
opponents in fair contests in order to enjoy the most revenues and provide the
most thrills for their fans and audiences, and so even with a competition there
is and ought to be cooperation. If there
have to be losers in an economy, however, that means the economy is being
inefficient and not making the most of its available talent. As I understand it, one of the reasons Bear
Bryant was such a successful football coach was that he played all his good
players during games so that they were each rested and strong while playing,
instead of making them compete for individual records or honors. His players traded individual honors for team
championships, as every coach supposedly encourages their players to try to do,
but doesn’t necessarily assist them in doing it or making that a realistic
pursuit or one realistically desirable for them. People who believe they benefited from the
prior bigotry and prejudices, which disadvantaged those discriminated against,
argue that now leveling the playing field disadvantages them and discriminates
against them, but that is not necessarily true because this shouldn’t be a zero
sum game where anyone’s benefit must come at the expense of someone else’s
loss. Society and everyone in it can
benefit the most when everyone is working in concert to build the best society
with the most benefits and fewest burdens, and with the burdens and benefits
most fairly and reasonably distributed.
The way an economy works is that people working in concert with each
other by dividing their labor and specializing, and then trading their own
goods and services with each other, will each produce far more than they
consume and far more than any of them would have on their own. Any economy can be thought to work like an
old fashioned barn-raising in a frontier community. It would be very difficult for any person to
build his own barn by himself, but all working together can build barns fairly
readily for each and all of them. Colleges should base admissions on whom they
think would learn the most and benefit society the most from attending their
school, whether they graduate or not.
That is, after all, what they are trying to get at, not just let in
people based on their past academic achievements. It is like when people call you to invest in
their financial programs and say that in the past fifty years, their
institution’s investments have quadrupled, and you say “I don’t really care
about your past fifty years without my money.
What about the next twenty years with it, if I were to invest with
you? And what if the investment
resources you had available to you meant that you should have made a ten-fold
profit, not just a four-fold one?” It
should not (just) be what you have done to get into college with the resources
you had available to you; it’s what you will do with what they will teach you
and provide for you through other general university life opportunities once
you are there. A student with previously
poor educational opportunities, but who made the most of them, could likely be
a better college student and more productive person than one who previously
achieved more but only applied himself half as much to the opportunities he had
which were four times more than the ones the other student had. For example, the best students I ever taught
philosophy and ethics were the students in a predominantly black community
college, whose grades in inner city Birmingham public schools – some of which
were poorly maintained and had broken windows and/or little heat in winter –
were mediocre at best. Those students
were extremely bright and reflective, but their intelligence had never been
brought to light and tapped before. I
asked a local, academically prestigious college to interview one of them for
admission without looking first at his previous grades, which were not very
good, and they phoned me after the interview to let me know they had accepted
him on the spot because “he was the most impressive student they had ever
interviewed”. He most likely would not
have even been given an interview by an admissions office that just looked at
his previous grades. On the other hand,
when I dropped out of the combined undergraduate/medical school scholarship
program I had been accepted to, my advisor said I was not the only one and that
somehow or other their admissions criteria must be incorrect because many of
the students who were dropping out of this program and dropping out of medical
school in general were the ones with the best grades and test scores that they
assumed would then be the most successful medical students. They were trying to determine where their
current system was going wrong and how best to remedy it. The previously most successful applicants
were not panning out to be the most successful students and promising
graduates. The main problem is how best to overcome the
prior disadvantages caused by discrimination often resulting from racial
prejudice, but also caused by poverty and other causes for lack of beneficial
educational resources. Because bigotry
and discrimination are, of course, terrible, inhumane, and unfair things in
themselves, whatever else colleges and universities can do to end them is
imperative, but a more achievable immediately
important goal for them is to find ways to best develop the talents,
skills and abilities of students who have been disadvantaged for any reason,
not just racism. That includes having
admissions policies that depend not just on students’ past achievements, which
favors those students who had the most opportunities already, but which depend
on the promising futures that students could have given the opportunities the
college can provide for them. That will
require finding ways to determine students’ potentials for future achievement,
based on more than just their past actual achievements. But trying to help people who are simply statistically likely to have been
disadvantaged by the system does not necessarily help the people who need and
deserve it the most because of actual unfair disadvantages which have hidden
their full potential and delayed their reaching it – their own individual
potential for self-actualization and their potential for making a contribution
to society and fairly benefiting from making that contribution. Someone statistically
likely to have been disadvantaged is not someone who necessarily was
actually disadvantaged. Black children
who attended good schools and who are from a wealthy family with hard working,
well-educated, successful, nurturing parents are not disadvantaged; whereas a
white student from much less educated and less nurturing parents who attended a
poor school is. Colleges, universities, businesses, and other
institutions in the U.S. who sincerely want to help people of color who have
been disadvantaged by racism, or all students who have been disadvantaged by
lack of resources for any other reason, can still do that, but by understanding
what can overcome their specific past disadvantages and meet their present and
future needs in ways that would be fair
and reasonable to overcome those disadvantages.
There are a number of possible ways to do that. The general idea is that when B is what is
important and A probably, but not necessarily, leads to B, the criteria for
determining when B exists should be more specific to B itself than it is to
A. For example, in hiring or determining
the wages to pay someone to work for you, although education and years of prior
work experience often make a person more productive in a company, since they do
not always do that, it is important to determine a person’s likely or actual
productivity for your business, not just look at their prior education and
years of experience. In regard to
college admissions, the point should be not just finding out who has learned
enough, or the most, so far, but who can learn enough, or the most, in the
future to be productive for him/herself and for society. That is not necessarily easy to do, but it
should be the goal. One final point, many politicians in this new
dark age of anti-intellectualism today sneer at knowledge and degrees,
particularly higher degrees, in areas they think worthless, such as the arts
and humanities, and many, even in science.
There is some sad and perversely funny irony, of course, in politicians,
especially the many of them who are lawyers, finding other people’s degrees to
be worthless. But in an age not long
past, what John Gardner warned against now is just as true, but for the opposite
reason. What Gardner wrote was: “The society which scorns excellence in
plumbing as a humble activity and tolerates shoddiness in philosophy because it
is an exalted activity will have neither good plumbing nor good philosophy:
neither its pipes nor its theories will hold water.” To fit that into today social and
political mindset would be to express it as: The society which scorns excellence in
science, philosophy, and the other humanities as worthless activities because
they do not understand them, and tolerates shoddiness in plumbing because they
understand the use and need of it, will have neither good plumbing nor good
philosophy, science, or understanding of human nature; neither its pipes nor
its theories will hold water.” Individuals and society will benefit and
blossom the most when everyone can be educated the best they can be. And politicians, especially those who are
neither very bright, nor particularly moral or well-educated (regardless of their
degrees) are not the ones best suited to make the determination of what
constitutes that nor what will most likely bring it about. Nor are judges who were appointed primarily
on the basis of their partisan politics and their own social prejudices. |