Affirmative Action

What Does the Fourth of July Mean to Me? Given America's tortuous racial history, instead of hiding opposition to race conscious remedies behind piecemeal programs, barbecue and fireworks celebrations, the Supreme Court, the Constitution, the lower federal courts, current legislation and public policy should take into account recompense for centuries of continuing racially tinged brutality, exclusion, discrimination and segregation.    People of African descent in the US and globally can righteously say with Frederick Douglass, what does your Fourth of July mean to me?  Indeed, what do the Declaration of Independence, Concord, Lexington, 1776, and 1865 mean to millions of Black folks who today struggle with poverty in the Gulf and Appalachian states that has persisted for decades.    Surely, it is time once again for a reckoning. Just like a vaccination, the U.S. seems to need a booster Reconstruction approximately every six decades (or every three generations).  The courts have dared to rule that money is the equivalent of speech (Citizens United); that states enjoy equal protection from accountability for voter suppression (Louisiana v. Callais); that partisan gerrymandering mid-decade is okay, despite its impact on the guaranteed right to elect candidates of their choice; that Section V pre-clearance under the Voting Rights Act is too harsh (Shelby v. Holder); that the penumbra that protects privacy is shot full of holes (Roe v. Wade), then surely, legislators, jurists, both federal and state, can and should take race into account (among many other factors) when drawing legislative districts, assigning graduate school admission, and guaranteeing equal pay and medical privacy.  Race is no longer suspect in the same way that it was in 1876, but combatting racism remains a compelling state interest.  If we truly want to erase the brutality of the past and set a new course, there must be a federally guaranteed individualized right to vote.  Closing the racial wealth gap can occur meaningfully only where and when high-quality public education is available for every child, regardless of zip code, color, race, religious preference, or economic circumstances.   There are 535 federal legislators – 435 in the House of Representatives and 100 in the U.S. Senate. Why should California and New York - the two most populous states - have exactly the same number of U.S. Senators as Louisiana, Alabama, Mississippi and the Carolinas?  Two centuries ago, one person/one vote threatened the existence of a Union that relied so heavily on erasing and minimizing the citizenship rights of enslaved people and their progeny. The Founding Fathers exchanged citizenship rights for political and economic dominance.  Black voters should not be be caged into districts that dilute their power to engage in meaningful coalition building across racial lines?   I will celebrate this summer, but not necessarily just the past 250 years.  As nations go, 250 years is not a very long time.  A lot has occurred during that time. In 1886, The Statue of Liberty was a gift to the US from France, commemorating the United States victory in the American Civil War and the abolition of slavery.  In 1948 Black South Carolinians gained the right to vote in previously all-White Democratic party primaries, after 72 years of denial.   Despite the 1954 Supreme Court decision outlawing school segregation, it was not until 1970 that the federal courts demanded meaningful desegregation.  The Voting Rights Act (arguably the most effective U.S. civil rights legislation) was adopted in 1965, and for six decades has been under continuous attack.  I cannot help but think of Frederick Douglass’ July 4, 1852 oration.   "This celebration ... reminds you that the Republic of America is now 76 years old. I am glad, fellow-citizens, that your nation is so young.  ...you are, even now only in the beginning of your national career, still lingering in the period of childhood. I am glad this is so. There is hope in the thought...that America is young, and that she is still in the impressible stage of her existence. May (we) not hope that high lessons of wisdom, of justice and of truth, will yet give direction to her destiny? There is consolation in the thought, that America is young. Great streams... may also rise in wrath and fury, and bear away, on their angry waves, the accumulated wealth of years of toil and hardship."   Overview of Title VI of the Civil Rights Act of 1964

Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. As President John F. Kennedy said in 1963: Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination. If a recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance should either initiate fund termination proceedings or refer the matter to the Department of Justice for appropriate legal action. Aggrieved individuals may file administrative complaints with the federal agency that provides funds to a recipient, or the individuals may file suit for appropriate relief in federal court. Title VI itself prohibits intentional discrimination. However, most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race, color, or national origin. To assist federal agencies that provide financial assistance, the wide variety of recipients that receive such assistance, and the actual and potential beneficiaries of programs receiving federal assistance, the U.S. Department of Justice has published a Title VI Legal Manual. The Title VI Legal Manual sets out Title VI legal principles and standards. Additionally, the Department has published an Investigation Procedures Manual to give practical advice on how to investigate Title VI complaints. Also available on the Federal Coordination and Compliance Website are a host of other materials that may be helpful to those interested in ensuring effective enforcement of Title VI.