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Combating the New Jim Crow in California

By Shanta Driver
National Co-Chair
BAMN

At UCLA, Ward Connerly and Richard Sander have the gall to "commemorate" the 11th anniversary of Proposition 209 in California – which is nothing other than legally-imposed separate and unequal segregation of higher education in the state with the highest Latina/o population in the nation. Prop 209 has created a two-tier system of public education, where the best opportunities are reserved for white students, and Latina/o, black and Native American students are relegated to second-class citizenship.

Like every other socio-economic system in which the best society has to offer is reserved for a select minority of the population, the backers of Prop 209 have had to concoct an ideology to rationalize such unfairness and inequality. Professor Sander is making a name for himself as just such an ideologue with what he calls the "mismatch theory," which preaches that Latino/a, black and Native American students "belong" in lower tier schools because they are not intellectually up to the competition of the UC's flagship universities. To cloak the nakedly racist nature of his so-called "theory," Sander paternalistically claims that assigning Latina/o and black students to less competitive schools is doing them a favor by giving them a greater chance of success. Similarly, the ideologues who rationalized slavery argued that black people were better off as slaves, because, unlike wage workers, slaves were guaranteed a subsistence living.

Sander's claims (and crudely manipulated statistics) fly in the face of the facts. In "The Shape of the River" former presidents of Harvard and Yale Derek Bok and William Bowen present extensive data which demonstrates that the more selective a university an underrepresented minority attends, the greater the likelihood that they will graduate, earn a higher salary and report satisfaction with their college experience. Black and Latina/o students who attend highly select universities like UCLA or UC Berkeley have a far better chance of graduating from college than students of any race who attend non-selective universities. Highly selective universities have the most resources and the greatest ability to provide the financial and institutional support needed to increase the graduation rates of all their students.

Underrepresented minority students who have low SAT scores and gain admission to and attend a highly selective university go on to graduate and professional schools at comparable rates to their white or Asian peers. Latino and black law school graduates who attend a top-tier law school are able to make the political and social contacts necessary and to gain the confidence needed to seek and attain positions of power in this society once reserved exclusively for white men. Hillary Clinton, Barack Obama and Antonio Villaraigosa are all beneficiaries of affirmative action programs at this nation's most selective law schools. Sander's "mismatch theory" is all smoke and mirrors, appealing to white prejudice and promoting ideas of racial inferiority.

Black businessman and former UC Regent Ward Connerly has spent the past 12 years earning millions as the front man for the national assault on affirmative action and the hard-won progress our country has made toward integration and racial equality. When pressed, Connerly claims to question the wisdom of "over-relying" on standardized tests in the admissions process and concedes that standardized tests such as the SAT and LSAT give white students an advantage, yet instead of fighting for their elimination, he cynically uses those very same test scores as a battering ram to keep Latina/o and black students out of UCLA and UC Berkeley.

In their promotion of the "mismatch theory" to rationalize the resegregation of higher education in America, Connerly and Sander not only deprive Latina/o, black and Native American students of their right to be admitted to our nation's flagship universities – they are actively encouraging the development of a racially hostile campus climate for the few minority students who do enroll by promoting the racist view that these students don't belong on these campuses (hence the frequent question – "what sport do you play?" – endured by even the most unathletic black or Latina/o student) and the subtle and not-so-subtle presumption that we are not the intellectual equals of white students.

According to Connerly and Sander, opportunity is a burden that only white men can bear. They are hard put to explain the success and contributions of the thousands of beneficiaries of affirmative action who graduated from flagship universities from the mid-1960's when affirmative action was first won by the civil rights movement, until Prop 209 eliminated the programs in 1996.

Fortunately, the racist right wing represented by Connerly and Sander, though well-funded, is not the only power in our society. The increase in Latina/o and black enrollment at UCLA this year is the direct result of the walkouts, marches and rallies by millions of Latinas/os in 2006 and the continued walkouts by Latina/o youth who refuse to accept second class treatment and are leading the struggle for dignity and equality. The continued development of the new integrated youth-led civil rights movement fighting for immigrant rights and committed to ending the new Jim Crow is certain to put an end to the completely undemocratic and politically and socially unviable policies of excluding Latina/o, black and Native American students and youth from the UC system. Treated as invisible by most conservative and liberal forces involved in the debate over affirmative action, California's poor and partially disenfranchised Latina/o communities are the one force in California with the political will and the social power to re-integrate the UC system.

There is no question that Connerly's policies will be reversed – the only question is how soon. The sooner we build a leadership of Latina/o youth prepared to assert our rights and mobilize the tremendous power of our communities, the sooner we prevail.

We will not overcome racism or racist inequality by refusing to recognize it or speak its name. We must expose it and decry it boldly and loudly – black, Latino, white, Asian, Arab, men, women, gay and straight – standing shoulder to shoulder, demanding and winning equality.

Shanta Driver is the National Co-Chair for the Coalition to Defend Affirmative Action, Integration & Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN). She was the legal architect of the successful student intervention into Grutter v Bollinger, which upheld affirmative action at the University of Michigan Law School. She has been organizing for civil rights for nearly 30 years. Driver received her undergraduate degree in Psychology and Social Relations from Harvard, and her Juris Doctor degree from Wayne State University Law School. She is an attorney at Scheff and Washington, a leading Detroit civil rights and labor law firm.

Posted on November 06, 2007

Comments

"Prop 209 has created a two-tier system of public education, where the best opportunities are reserved for white students, and Latina/o, black and Native American students are relegated to second-class citizenship."

No. Prop 209 has disproportionately benefitted Asian and Asian American students and the whites have become a minority in two of the campuses UCLA and Berkeley while Hispanics and blacks have become too small in number. Of course, there are exceptions, ie., fields such as agriculture, where the whites manipulate the admission, fellowship and financial aid process to keep all non-whites including high achieving Asians out. Once the whites start loosing out, you will hear them complain, and I am hearing them complain more often.

Posted by: George Chell at November 6, 2007 11:54 AM

When was the last time you were asked this?

"...hence the frequent question – "what sport do you play?" – endured by even the most unathletic black or Latina/o student..."

Posted by: Dale at November 6, 2007 02:13 PM

I agree,I'm a Black student in Ag.

Posted by: Reginald Fagan at November 7, 2007 05:30 AM

"I agree, I an a Black student in Ag."

Used to be in an Ag school at a prominent university back in the 1980s. They were openly racist and told me that they would never hire even high achieving Asian Americans, and they did hire white Canadians from less prominent schools over Asian Americans from MIT.

Posted by: George Chell at November 8, 2007 07:47 AM

I have no doubt that the minority students fortunate enough to be admitted to Harvard or Yale law schools out-perform those minority students that attend lower-ranked law schools. Is that a justification for admitting to either institution a person whose undergraduate credentials would be insufficient in the absence of his/her race to be admitted?

And, how does a school that wants to engage in affirmative action ensure that one self-identifying as African American or Latino is, in fact, either? What test would you propose?

Posted by: Chris Reynolds at November 8, 2007 11:07 AM

Chris Reynolds:

We need to admit students by merit, which also means no bogus legacy or children of alumni admissions without any merit!! And as far as ag is concerned, someone needs to expose the racism in that school although it is not as bad as it used to be in the 1980s when they would not even interview a minority, Asian or otherwise.

Posted by: George Chell at November 12, 2007 08:02 AM

My son, a Latino, was treated very well, both financially and academically, at UCLA. Unfortunately, as a former staff member at Harvard, I saw numerous students who were admitted on the basis of political connection, alumni relationship, race, or class or some other non-intellectual basis who had a very difficult time. My first conclusion: Stick to intellectual criteria. A family oriented to achievement is where opportunity begins. As much as I politically disagree with Secretary of State Rice, her background and achievements show what is possible.

Posted by: Robert Gable at November 21, 2007 01:10 AM

Want the Truth.
We need diversity in sports.
80% of pro football is black.
70% of pro football is black.
How come?
What the reason?
How come Jews, 2% of usa population win 40% of Nobel prizes.
How come.
Blame it on Mother Nature.
Mother Nature gave the races different IQ
Jews IQ: 113
East Asians IQ 106.
White IQ: 100
Hispanics IQ: 86
u.s. blacks IQ: 85
black africans IQ: 70
Its true. the truth.
google it
Google the truth.
All facts known to the world.

Posted by: josh stein at November 21, 2007 11:39 AM

forget about blacks-latinoes attending college. hwo the Hell can they attend college when 50%, half do not graduate from high school.

Half of blacks-hispanics do not graduate from high school
1 of 4 or 1 of 3 of blacks are in prison or on parole.

Let the the facts. Lets face the truth before we Latinoes can progress. If half of us cannot a simple high school diploma, how are we going to go to college.
Wake up. Smell the coffee.

Posted by: jose garcia at November 26, 2007 12:47 PM

forget about blacks-latinoes attending college. hwo the Hell can they attend college when 50%, half do not graduate from high school.

Half of blacks-hispanics do not graduate from high school
1 of 4 or 1 of 3 of blacks are in prison or on parole.

Let the the facts. Lets face the truth before we Latinoes can progress. If half of us cannot a simple high school diploma, how are we going to go to college.
Wake up. Smell the coffee.

Posted by: jose garcia at November 26, 2007 12:47 PM

We Latinoes have fact the fact that half of us do not even graduate from high schoo. The standards are so dumb down in californis, it is almost a joke now.

Yet half of us, latinoes, do not graduate from high school.
Before we talk about college, we got to make sure we even graduate from high school, let alone college.

Posted by: juan valdez at December 1, 2007 06:58 PM

What is this new wave of racism? Stein, Garcia, Valdez? You must all be joking right?

Why must Hispanics/Latinos FIRST worry about getting through high school before caring about having opportunities for college? If education is the key to success and the way out of poverty, they why shouldn't higher education be the end-goal with high school graduation being just one of the strategies?

There are plenty of Latinos and Blacks who DO graduate highschool. However, often they don't come from great schools with good education systems. Hence, they don't score well on standardized tests. Moreover, they don't have the life's experiences that wealthy students have. Does this mean that they should not have the same educational opportunities?

Mr. Stein, what do you mean by your statement "Mother Nature gave the races different IQ "? Both the notions of IQ and RACE are social constructs. Education is a social construct for that matter, hence all are RELATIVE.

Had it occurred to you that White Jewish Americans and Jewish Europeans hail from a totally different cultural, social, educational and familial background & history than say African Americans, and other immigrant groups?

Hitler apparently worked from the same basic and flawed premise of racial superiority and look at all of the evil he did in the world.

Posted by: bb at December 3, 2007 05:19 AM

What is this new wave of racism? Stein, Garcia, Valdez? You must all be joking right?

Hitler apparently worked from the same basic and flawed premise of racial superiority and look at all of the evil he did in the world.

Posted by: bb at December 3, 2007 05:39 AM

I'm not convinced that "commentors", Jose Garcia and Juan Valdez are actual people. I believe the above racist comments were submitted by an insecure non-non hispanic racist (I suppose that is redundant) who doesn't have the courage to stand behind his or her convictions. Also, I can't imagine in the 21st Century, a person of Jewish decent spewing out racist rhetoric akin to Hitler's rhetoric of false supremacy

Posted by: bb at December 3, 2007 05:47 AM

If the races and IQ are social construct.
How come 80% of pro-basketball is black
How come 70% of pro-football is black.
Is Albert Einstein a mexican.

President Fox of Mexico tells whole world:
Mexicans, come to America, to do jobs, not even black people will do" True. that what he said.

Face the truth:
IQ of hispanics: 86 IQ
African-americans: 85 IQ
Africans in africa: 70 IQ

James D. Watson, dicoverer of life, secret of life, certainly belives africans have lower IQ.

google: IQ of races

google: SAT scores of races

google: income of races

google: education of races

Nature made different races with different IQ.
True.
With google, with internet, Truth known to whole world.

Posted by: josh stein at December 3, 2007 02:22 PM

False Logic:

Hitler must have breathed oxygen, drank water and ate potatoes and chicken.

Therefore, breathing oxygen and drinking water is bad.

False logic. forget america.

Europe colonized all of africa.
True. google colonial map of africa.

Has anyone been to mexico. Poor, 3rd world nations forever.

How come africans did not make Europeans into slaves and bring them to the New world. How come?

Look to Asia:
Japan IQ: 105
Philippines IQ: 85

A gap of 20 (twenty) points in IQ between Japan and Philippines.

Japan: 2nd largest economy on earth. Toyota, Honda, Sony, electronics, semiconductors.

Philippine: poor, 3rd world nations. exports of seashells and house maids. How come.

We want the Truth. Do not fear the truth. Do not blame the writer.
All truth now for world to see via google and internet.

Blame Mother Nature.
Blame Nature.

Posted by: josh stein at December 3, 2007 02:34 PM

http://www.nsf.gov/statistics/seind93/chap1/gif/01-0993.gif

want the truth. facts known to the world.

facts from the NSF "national science foundation"

mathematics cannot lie.

http://www.nsf.gov/statistics/seind93/chap1/gif/01-0993.gif

Posted by: josh stein at December 6, 2007 11:37 AM

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