In his much-discussed recent Wall Street Journal op ed, Virginia Senator James Webb makes some good points about affirmative action and race, but also some key mistakes and omissions. On the plus side, Webb’s article highlights the contradictions between the “diversity” and compensatory justice rationales for affirmative action. He also correctly suggests that slavery and segregation inflicted considerable harm on southern whites as well as blacks; it is therefore a mistake to view these injustices as primarily a transfer of ill-gotten wealth from one race to another. On the negative side, Webb is very unclear as to his own position on affirmative action. He also seems to blame racism and the historic economic backwardness of the South on the machinations of a small elite. The reality was more complicated. Low-income southern whites were often much more supportive of racism and segregation than economic elites were, and Jim Crow might have been less virulent without their support.
I. Competing Rationales for Affirmative Action.
One of Webb’s best points is that affirmative action has resulted in preferences for groups that cannot claim to be victims of massive, systematic injustices inflicted in the United States:
In an odd historical twist that all Americans see but few can understand, many programs allow recently arrived immigrants to move ahead of similarly situated whites whose families have been in the country for generations. These programs have damaged racial harmony. And the more they have grown, the less they have actually helped African-Americans, the intended beneficiaries of affirmative action as it was originally conceived....
The injustices endured by black Americans at the hands of their own government have no parallel in our history, not only during the period of slavery but also in the Jim Crow era that followed. But the extrapolation of this logic to all “people of color”—especially since 1965, when new immigration laws dramatically altered the demographic makeup of the U.S.—moved affirmative action away from remediation and toward discrimination, this time against whites....
This state of affairs highlights the contradictions between the compensatory justice and “diversity” rationales for affirmative action, which I previously discussed here, here, and here. Under the latter, it may be permissible to give preferences to any group with a supposedly different or unique perspective. Under the former, recent immigrants and other minorities who have not been victims of massive large-scale discrimination in the US should not get preferences. Even among black beneficiaries of affirmative action at elite universities, a significant percentage are recent West Indian and African immigrants.