The Corner

The Preference Revolution

Ramesh, I may be wrong, but as I understand it, racial preferences were

largely not established through “democratically enacted laws.” Race

preferences have been established for the most part through a combination

of administrative regulation (originally, by the Nixon White House), and

later confirmed by the courts. The public opposes race preferences, and

when given a chance to vote on them, they generally disallow them. The

striking thing about race preferences is that legislators tend to avoid the

issue, preferring to leave the matter to the courts. True, Title IX of the

Higher Education Act–which prohibits discrimination in college sports–is a

law. But it was turned into a quota system–against the meaning and intent

of the original legislation–by Clinton administration bureaucrats. Then

the bureaucratic revolution was confirmed by judges. I’m open to

correction here. I don’t have chapter and verse on this. But as I

understand it, the preference revolution was largely enacted via an end run

around legislatures by bureaucrats and judges.

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