The civil rights strategy
The only fair and effective way to achieve racial equality is by scrupulously adhering to the principle of equality under the law. Racial justice requires a comprehensive public effort to break down discriminatory barriers, redress individual grievances, and ensure equal treatment in education, in the workplace, and elsewhere. The Constitution promises equal opportunity, not equal results. The government's obligation is to ensure that the rules of the game are the same for everyone. Beyond that, no further public action to help individuals is consistent with our political beliefs.
What Should be Done?
Put the promise of equal rights into practice by enforcing the Civil Rights Act, the Voting Rights Act, and laws that prohibit discrimination in housing. Prohibit segregation in the workplace by initiating legal action, enforced by the U.S. Equal Employment Opportunity Commission (EEOC), whenever individuals suffer discrimination on the basis of race. Use the full force of the Justice Department to enforce sanctions in instances where individuals have suffered from discrimination. Forbid overt workplace discrimination (such as the refusal to hire applicants who are black, Asian or Hispanic) as well as more subtle discriminatory practices in the workplace (such as channeling members of racial minorities into lower paid, dead-end jobs).
Arguments For This Approach
Under the Constitution, which is color-blind, the best way to help blacks and other racial minorities is by scrupulously adhering to the principle of equality under the law. The fundamental commitment of the American legal system is to the protection of personal rights, not the grievances of entire groups. The best way to advance the cause of racial justice is to apply the full force of the law whenever individuals have been discriminated against. The Constitution promises equal protection under the laws, not equal results. The public obligation is to ensure that individuals are free to engage in a fair competition for jobs, promotions, and other social goods. The civil rights laws protect the rights of racial minorities regarding education, employment, voting, access to public accommodations, and other matters. As long as those laws are consistently enforced, no further public measures are necessary.
Arguments Against This Approach
Most discrimination is subtle. The grievance procedures provided by the civil rights laws are impractical because only a small percentage of victims can prove discriminatory intent. Laws guaranteeing equal rights cannot compensate for the advantages whites gained over a period of more than 300 years of preferential treatment. To achieve the goal of racial equality, we need something more than a legal watchdog. Government has to assume certain affirmative obligations. It's not sufficient to focus on individual instances of racial discrimination. To deal with the underlying causes of inequality, every child has to be guaranteed an equal opportunity, including sound nutrition and a good education.
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