The Curious History of Race Preferences

“Their leaders seem more intent on vying with blacks for permanent victim status than on seeking recognition for genuine progress by Hispanics over the last three decades.” — Linda Chavez on Latino/as

Linda Chavez, an anti-affirmative Latina favored by conservatives because of her last name, would have us think that Blacks, Latino/as, and other people of color are looking for handouts and preferential treatment. Ironically, it is she who has benefited professionally and financially by trading on her own Latina heritage. Like many conservatives, she claims that segregation was defeated and white prejudice almost completely eradicated after Congress passed the 1964 Civil Rights Act and the 1965 Voting Rights Act . She goes as far as saying (as many black and brown enablers of racial conservatives do) that it has been liberals that have derailed Latino/a progress. I call those who deny the reality of racism racial conservatives. I have addressed their shoddy scholarship earlier (click here).

You might know of Chavez, she testified against Supreme Court Judge Sotomayor during Sotomayor’s confirmation hearings last year. Chavez has a particular dislike for Latino/as in general and for Puerto Ricans in partiucular, but I will not explore that today. I will address her sub-standard scholarship and self-loathing when I address Black and Brown conservatives at a later date. Chavez had to step down as a nominee for Labor of Secretary under the catastrophe known as the Bush II administration because, yes, she hired an illegal Latina immigrant. She denied knowing said individual was here illegally though the person in question contradicted that denial. Later, Chavez herself would issue an admission of sorts and was forced by Bush’s handlers to step down.

Therefore, if I call Chavez a hypocrite (she admonished Clinton appointees who did the same), it’s not character assassination, it’s an observation. Calling her a come mierda (shit eater) can be perceived as an attack on her character, but — fuck it — she’s a shit eater if ever there was one…

Chavez and other racial conservatives believe the United States has made better progress in removing racial barriers than progressives and people of color acknowledge. The shift began, they argue, during the 1950s. And when the Civil Rights movement succeeded in abolishing Jim Crow, white racism had all but withered away. As a result, at least according to Chavez and her masters, affirmative action programs are unnecessary and in fact are a form of “reverse racism.”

Ironically, the current debate over race-based solutions assumes that the only beneficiaries of these policies are blacks, other racial minorities, and women. However, if we define affirmative action as “race and gender preferences codified into law and enforced through public policy and social customs,” then it is indeed strange and peculiar to suggest that affirmative action began when in 1963 President John F. Kennedy issued Executive Order 10925. Taking the above definition, often cited by opponents of affirmative action such as Chavez, it would be more accurate to mark the beginning date for this legal policy as 1641. That is when laws specifying rights to property, ownership of goods and services, and the right to vote, restricted by race and gender, were first enacted. In 1790, Congress formally restricted citizenship by naturalization to “white persons,” a restriction that would stay in place until 1952.

Understood in this way, affirmative action has been in effect for 367 years, not 46. For the first 330 years, the deck was legally stacked on behalf of whites and males (Fredrickson, 1988). Supreme Court Chief Justice Roger Taney, in Dred Scott, didn’t mince his words when he said: “Can a negro, whose ancestors were imported to this country, and sold as slaves, become a member of the political community, formed and brought into existence by the Constitution of the United States, and as such become entitled to all rights, and privileges, and immunities guaranteed by that instrument?” Justice Taney’s answer to his own question leaves no doubt. We the people, he stated, was never intended to include blacks, slave or free. The authority cited by Taney in his ruling? The Constitution, the courts at every level, the federal government, and the states — all having routinely denied blacks equal access to rights of citizenship (Harding, 1983).

It follows, then, that from the inception of the United States, wealth and institutional support have been invested on the white side of the color line. This preference, in turn, has led to an accumulation of economic and social advantages for European Americans. On the black side, it has resulted in the systemic exclusion of equal access to economic and social benefits, leading to a disaccumulation for blacks and other people of color. When Kennedy issued Executive Order 10925 in 1963, he was simply attempting to pry open the doors that had been sealed shut for more than three centuries. Now, after only four decades of “racial and gender preferences,” come mierdas like Chavez and other racial conservatives, have launched a largely successful attack against affirmative action programs that were instituted to reverse three hundred years of disinvestment in black communities. Yet when power and wealth were being invested on their side of the color line, white Americans registered hardly any opposition to the arrangement, nor do racial conservatives acknowledge this historical fact (Steinberg, 1995).

However, we don’t have to go back three hundred years to find the roots of current white privilege. We can look at more recent policies that have been instrumental to racial inequality. But that’s for another post…



READ MORE AT [un]Common Sense

NOTE: I had a piece published in the online magazine, Subversify, yesterday. I have never had anything published before, so I would appreciate it if you took a couple of minutes to read my piece (here) and also take the time to explore the magazine. The magazine offers a wide range of writing from “outside the box.” I believe most of the freethinkers here would enjoy it.


Fredrickson, G. (1988). The arrogance of race. Middletown, CT: Wesleyan University Press.

Harding, V. (1983). There is a river: The black struggle for freedom in America. New York: Oxford University Press.

Steinberg, S. (1995). Turning back: The retreat from racial justice in American thought and policy. Boston: Beacon Press.