WEBVTT 00:09.667 --> 00:16.397 Last week we spent a lot of time dealing with high 00:16.400 --> 00:18.970 electoral politics, canvassing the career of 00:18.967 --> 00:23.297 Jesse Jackson, scooting past Ronald Reagan's and George 00:23.300 --> 00:26.100 Bush's and--presidencies and the campaign, 00:26.100 --> 00:27.670 the Bush-Dukakis campaign, for, 00:27.667 --> 00:31.767 you know, the Willie Horton ad and the way, 00:31.767 --> 00:36.067 and the way in which racial conversations become 00:36.067 --> 00:37.597 subverted into something else, 00:37.600 --> 00:41.000 although still remaining quite racial in the context 00:41.000 --> 00:43.000 of 1990s politics, and something, 00:43.000 --> 00:45.270 a process that began decades earlier, 00:45.267 --> 00:48.197 certainly, with the civil rights successes or 00:48.200 --> 00:52.870 excesses, depending on one's politics.  Much of last 00:52.867 --> 00:55.167 week's themes were dealing with the submergence of 00:55.167 --> 00:59.297 racial discourse and also the racialization of crime, 00:59.300 --> 01:01.400 and also the further development of coalition 01:01.400 --> 01:05.700 politics as we move to a much more racially and 01:05.700 --> 01:11.070 ethnically, ethnically mixed society.  Now in the last 01:11.067 --> 01:12.397 two lectures of the course--I can't believe 01:12.400 --> 01:14.470 we're already here, but we are--I want to continue with 01:14.467 --> 01:17.967 my focus on post-civil rights presidencies and 01:17.967 --> 01:22.197 public policies, examining in particular how race 01:22.200 --> 01:25.170 affected public policy and how cultural symbols still 01:25.167 --> 01:27.897 do so many, so much heavy lifting for a much more 01:27.900 --> 01:34.300 complicated real world in which we all live.  Some of 01:34.300 --> 01:36.070 the themes of this week are deal--are, 01:36.067 --> 01:38.397 are discussions relating to the presumptions of the 01:38.400 --> 01:41.400 permanence of civil rights changes, 01:41.400 --> 01:44.070 and the presumptions of the goals of civil rights.  You 01:44.067 --> 01:48.597 know, what is the underlying presumption of integration?  01:48.600 --> 01:51.000 What is "the race" and who speaks for "the race"?  01:51.000 --> 01:54.570 These are themes you're going to pick up in your 01:54.567 --> 01:56.367 reading, certainly.  There will be, 01:56.367 --> 01:58.397 as you've become accustomed already in this course, 01:58.400 --> 02:01.170 overlapping as far as chronology as well as 02:01.167 --> 02:03.897 policy, court cases, and cultural symbols, 02:03.900 --> 02:07.200 all operating at the same time in overlapping ways.  02:07.200 --> 02:10.500 So we left off really in George Bush's presidency. 02:10.500 --> 02:12.900 I want to pick up in 1992 with Bill Clinton being 02:12.900 --> 02:15.300 elected to the office.  He's elected with a, 02:25.100 --> 02:26.870 a--embodying great Democratic promise.  I mean, 02:26.867 --> 02:29.767 this is after twelve years of Republicans in control of 02:29.767 --> 02:32.567 the White House and, you know, 02:32.567 --> 02:38.597 a generation of, of younger people not ever knowing a 02:38.600 --> 02:41.500 Democrat in the White House.  Bill Clinton comes 02:41.500 --> 02:45.300 in with an incredible sense of charisma, 02:45.300 --> 02:48.100 and it's really, it's really quite astonishing, 02:48.100 --> 02:51.300 and a clear natural talent to speak to black Americans 02:51.300 --> 02:54.170 in a voice that black Americans can recognize.  02:54.167 --> 02:57.197 And for African America, it becomes a moment of great 02:57.200 --> 03:00.370 hope in terms of what the potential--the future might 03:00.367 --> 03:02.497 hold. 03:02.500 --> 03:04.470  Clinton makes a lot of noise, 03:04.467 --> 03:07.067 and it turns out to be noise in many ways, 03:07.067 --> 03:09.897 about his commitment to making a cabinet and a White 03:09.900 --> 03:11.170 House administration that, quote, 03:11.167 --> 03:13.797 "looked like America."  This is one of his phrases during 03:13.800 --> 03:20.100 the period.  Making his administration look like 03:20.100 --> 03:26.100 America runs into a problem, when he nominates to the 03:28.700 --> 03:31.570 position of Assistant Secretary of Civil Rights 03:31.567 --> 03:33.967 Professor of Law at the University of Pennsylvania 03:33.967 --> 03:38.667 at the time named Lani Guinier.  During this moment 03:38.667 --> 03:42.097 in the early years of the Clinton presidency, 03:42.100 --> 03:44.200 or when he was president-elect, 03:44.200 --> 03:45.670 being a friend of Bill, an "F.O.B., 03:45.667 --> 03:47.297 was a big deal.  If you were a friend of Bill with 03:47.300 --> 03:49.700 all of his connections and his wife's connections, 03:49.700 --> 03:51.570 you might have a real in to becoming part of the White 03:51.567 --> 03:53.167 House administration. 03:53.167 --> 03:55.267  Lani, Lani Guinier is one of these individuals, 03:58.000 --> 04:03.200 goes, you know, goes back to law school days with the 04:03.200 --> 04:08.400 Clintons.  Guinier had been an advocate for years in, 04:08.400 --> 04:11.070 in law review articles of something called "cumulative 04:11.067 --> 04:14.597 voting," a process that allowed for greater interest 04:14.600 --> 04:18.000 group representation.  Something along the lines, 04:18.000 --> 04:19.600 and I'm being verycrude about it, 04:19.600 --> 04:24.900 if there are ten candidates running for an office, 04:24.900 --> 04:28.400 you don't just get one vote under cumulative voting.  04:28.400 --> 04:31.500 You have ten votes you spread along the ten 04:31.500 --> 04:33.900 candidates.  Maybe on a certain issue, 04:33.900 --> 04:35.870 Candidate A really represents your views.  You 04:35.867 --> 04:37.797 want to give that person five votes.  And on a 04:37.800 --> 04:42.070 certain issue Candidate--I don't know if I did A or B 04:42.067 --> 04:45.197 or one or two--another candidate represents a lot 04:45.200 --> 04:47.300 of your opinions, so you want to give that person 04:47.300 --> 04:48.300 three votes. 04:48.300 --> 04:52.100 It's actually a way of hyper-democratizing who gets 04:52.100 --> 04:56.200 represent--represented in office.  It's a process, 04:56.200 --> 04:57.400 moreover, and this is important, 04:57.400 --> 05:00.000 that the Reagan and Bush Justice Departments had 05:00.000 --> 05:05.070 sanctioned in over three dozen instances.  So it 05:05.067 --> 05:09.097 is--it was an embrace of democracy, 05:09.100 --> 05:12.300 letting the little person have a, 05:12.300 --> 05:18.300 a chance to say something, and it was a process that 05:18.300 --> 05:21.570 had been embraced by Republican-nominated or 05:21.567 --> 05:23.697 controlled Department of Justice. 05:23.700 --> 05:27.300 However, Bill Clinton, as much as he excited the 05:27.300 --> 05:31.500 Democratic, liberal base, he infuriated a conservative 05:31.500 --> 05:34.900 base, and that conservative base went into attack mode.  05:34.900 --> 05:38.100 There'd been a phrase that had been really popularized 05:38.100 --> 05:39.800 during Ronald Reagan's presidency, 05:39.800 --> 05:43.700 and that's this, the phrase "the spin doctor."  Someone 05:43.700 --> 05:46.370 who comes in, who doctors up the message, 05:46.367 --> 05:48.797 spins it around, and turns it into something quite 05:48.800 --> 05:54.670 different.  Lani Guinier is tagged, 05:54.667 --> 05:58.397 because of her cumulative voting ideology, 05:58.400 --> 06:02.200 as being a "quota queen" by conservative media types.  06:02.200 --> 06:06.570 She's a "quota queen."  Now what's the big deal with the 06:06.567 --> 06:08.297 phrase?  The phrase actually is very clever, 06:08.300 --> 06:15.070 because it links to two different problems in the 06:15.067 --> 06:17.797 American present to the American past.  One is this 06:17.800 --> 06:19.600 direct connotation of the welfare queen, 06:19.600 --> 06:21.500 which is a, an, a catchphrase of the 06:21.500 --> 06:27.370 eighties.  Welfare queens were used as individuals, 06:27.367 --> 06:29.197 I mean propped up as individuals who were 06:29.200 --> 06:33.100 bringing down the American social network and really a 06:33.100 --> 06:35.270 blight on the American economy.  And these were 06:35.267 --> 06:39.097 depicted as women, of course, 06:39.100 --> 06:41.300 they were queens, overwhelmingly African 06:41.300 --> 06:43.700 American, although most welfare recipients are not 06:43.700 --> 06:46.570 African American, but people who, 06:46.567 --> 06:49.197 who capitalized upon the system and took advantage of 06:49.200 --> 06:51.500 it; that under the logic of welfare at the time, 06:51.500 --> 06:55.100 the more children you had, the more aid you received. 06:55.100 --> 06:57.600 Now the story's much more complicated than this, 06:57.600 --> 06:59.870 but the, the construction of the image was that the 06:59.867 --> 07:02.297 welfare queen was the person responsible for being a real 07:02.300 --> 07:08.400 drain on the system.  So Guinier's politics or 07:08.400 --> 07:11.300 ideology is linked to excess, 07:11.300 --> 07:13.800 excess of the state with the welfare queen ideology.  But 07:13.800 --> 07:16.800 the quota part's also important.  That links back 07:16.800 --> 07:23.300 earlier than the Reagan presidency, 07:23.300 --> 07:26.600 by linking it to quotas, something that had come up 07:26.600 --> 07:30.000 in the Supreme Court case in Bakke versus the Regents of 07:30.000 --> 07:31.700 the University of California, 07:31.700 --> 07:35.070 decided in 1978.  The Supreme Court case had said 07:35.067 --> 07:36.867 that quotas were unconstitutional.  Now 07:36.867 --> 07:39.997 Bakke, just in a super quick nutshell, 07:40.000 --> 07:43.400 Allan Bakke, white man, sues--applies for University 07:43.400 --> 07:45.370 of California, Davis medical school, 07:45.367 --> 07:47.867 isn't admitted.  And he discovers through his 07:47.867 --> 07:51.267 research that according to scores, 07:51.267 --> 07:54.597 in terms of what scores people received on the MCAT, 07:54.600 --> 07:59.500 that African American/Latino applicants got in who scored 07:59.500 --> 08:03.000 lower than he did.  And then he also discovered that UC 08:03.000 --> 08:05.970 Davis, in an attempt to diversify its student body, 08:05.967 --> 08:09.767 had created a set-aside program that had quotas, 08:09.767 --> 08:11.967 that--and I'm making the numbers up here--that "we're 08:11.967 --> 08:15.397 going to admit up to twenty, or at minimum 08:15.400 --> 08:16.770 twenty"--again, I don't--the, 08:16.767 --> 08:20.267 the actual terminology is not important right 08:20.267 --> 08:21.697 now--"African American/Latino medical 08:21.700 --> 08:24.570 students into UC Davis, with a goal of diversifying our 08:24.567 --> 08:30.397 population."  The Supreme Court weighs in in 1978 08:30.400 --> 08:35.900 saying that such set-aside programs, 08:35.900 --> 08:39.300 mandated numbers, were unconstitutional. 08:43.600 --> 08:44.900 Okay, there it is.  I had mute on, 08:44.900 --> 08:50.900 I'm sorry.  That you cannot just pick a number and say 08:53.000 --> 08:56.570 that that's okay.  So Guinier is linked to the 08:56.567 --> 08:59.797 excesses of welfare reform or welfare policies in the 08:59.800 --> 09:02.700 1980s, the excesses of civil rights ideology, 09:02.700 --> 09:08.300 trying to diversify America through quotas, 09:08.300 --> 09:14.800 through the 1970s, decided in seventy-eight.  And 09:14.800 --> 09:18.570 people started attacking her, 09:18.567 --> 09:21.567 politicians, activists.  Clinton famously takes 09:21.567 --> 09:24.097 her--says he's going to take a retreat to Camp David and 09:24.100 --> 09:27.600 takes her, her law review articles.  He's going to 09:27.600 --> 09:30.900 think about it.  And he comes back from Camp David 09:30.900 --> 09:32.200 saying, you know, "I've looked at this thing more 09:32.200 --> 09:36.700 carefully, and, you know, her views are not in line 09:36.700 --> 09:38.700 with the kind of politics that I want to practice." 09:38.700 --> 09:42.000  And Clinton withdraws the nomination, 09:42.000 --> 09:43.170 even when his attorney general, 09:43.167 --> 09:46.497 Janet Reno, said that Guinier deserved the right 09:46.500 --> 09:48.900 to at least present her actual views.  The views had 09:48.900 --> 09:53.400 been misappropriated.  Black liberals felt cheated by 09:53.400 --> 09:56.770 Clinton as he made a clear move to the center.  They 09:56.767 --> 10:03.597 felt he was caving in to conservative politicians and 10:03.600 --> 10:05.370 activists. 10:05.367 --> 10:06.797 And whether he was or he wasn't, 10:06.800 --> 10:08.970 Clinton does--I mean on that case with Lani Guinier, 10:08.967 --> 10:13.597 Clinton does make a very clear move to take up 10:13.600 --> 10:15.700 Reagan's strategy of capture--Reagan captured 10:15.700 --> 10:18.900 the, the moderate Democrat who was fed up and 10:18.900 --> 10:21.200 frustrated, and brought them over to the Republican camp; 10:21.200 --> 10:25.300 Clinton went to take them back.  He wanted to capture 10:25.300 --> 10:27.600 the middle ground voters in America, 10:27.600 --> 10:29.370 which, as the politics in this country become more 10:29.367 --> 10:31.867 conservative, meant a dramatic turn or a shift to 10:31.867 --> 10:37.097 the right.  Now, in part, liberals are concerned 10:37.100 --> 10:40.170 because they see Clinton's decision as part of a 10:40.167 --> 10:43.197 general move away from substantive embrace of civil 10:43.200 --> 10:45.500 rights ideologies and victories of the late 10:45.500 --> 10:48.700 1960s--of the 1960s. 10:48.700 --> 10:53.400 Clinton, it soon seemed to these liberals and 10:53.400 --> 10:55.400 activists, was more willing, more than willing, 10:55.400 --> 10:58.000 to cede ground to conservatives in order to 10:58.000 --> 11:00.370 steal some of their thunder.  In fact, 11:00.367 --> 11:03.167 you, you'd hear activists during the 1990s being 11:03.167 --> 11:05.597 frustrated, because Clinton was saying all these things, 11:05.600 --> 11:07.670 "all these things" in quotes, 11:07.667 --> 11:12.167 that Republicans had been talking about for the 11:12.167 --> 11:17.797 longest time, but claiming credit for them.  It was a 11:17.800 --> 11:21.170 massive stroke of, of political leadership, 11:21.167 --> 11:25.697 even though it certainly frustrated to no end 11:25.700 --> 11:28.500 conservatives and liberals.  Now Clinton, 11:28.500 --> 11:32.400 although an individual who had his weaknesses, 11:32.400 --> 11:34.000 he certainly had incredible strengths, 11:34.000 --> 11:35.700 and he understood the ability--he had the ability 11:35.700 --> 11:40.500 to read the tenor of the times.  It's an era of 11:40.500 --> 11:43.400 repositioning on the national scene against the 11:43.400 --> 11:49.370 so-called excesses of the 1960s.  In this course, 11:49.367 --> 11:52.697 I spend a lot of time talking about look--taking a 11:52.700 --> 11:56.100 critical eye, looking at southern states and their, 11:56.100 --> 11:59.000 their policies, states' versus federal rights, 11:59.000 --> 12:03.800 for example.  And while other states still have, 12:03.800 --> 12:07.370 or still are quite rich with complications in terms of 12:07.367 --> 12:09.597 racial politics, I want to turn my attention for, 12:09.600 --> 12:12.670 for a little bit to the West.  This is actually a, 12:12.667 --> 12:14.497 a structural flaw in the course, 12:14.500 --> 12:16.400 because there's so much material focusing on the 12:16.400 --> 12:19.300 Southeast.  This is a national problem.  For the 12:19.300 --> 12:23.200 moment, we'll just focus on the West.  It's in 12:23.200 --> 12:24.800 California in the 1990s--It's in California in 12:24.800 --> 12:32.070 the 1990s where America sees a new frontier in race 12:32.067 --> 12:35.867 politics, and this is something that grabs the 12:35.867 --> 12:37.997 attention of the nation. 12:38.000 --> 12:41.570 I mean, California does take up a lot of space. 12:41.567 --> 12:45.267 It grabs the attention of the nation and also ends up 12:45.267 --> 12:48.797 writing a cru--a, a, an interesting chapter in 12:48.800 --> 12:54.100 Clinton's race politics.  I want to talk now about 12:54.100 --> 13:00.100 propos--two propositions in the 1990s.  One is 13:06.267 --> 13:11.697 Proposition 187, called "Save Our State, 13:11.700 --> 13:14.270 and the second is Proposition 209, 13:14.267 --> 13:20.267 called the "California Civil Rights Initiative."  In 13:24.800 --> 13:30.800 1994--and by the way, I'm sorry.  For those who don't 13:34.900 --> 13:38.000 know, California has this allegedly super democratic 13:38.000 --> 13:41.370 process of changing, changing the state 13:41.367 --> 13:43.667 constitution, that if the citizens of the state garner 13:43.667 --> 13:47.397 enough signatures, and they float a proposition to 13:47.400 --> 13:49.000 change the state constitution, 13:49.000 --> 13:52.200 they can act with--they can enact changes to the 13:52.200 --> 13:55.300 constitution.  Now it seems democratic on its surf--on 13:55.300 --> 13:58.800 its face, but it's actually been hijacked--I don't know 13:58.800 --> 14:01.900 when that started, probably from the beginning--by very 14:01.900 --> 14:04.200 strong corporate interest and political activist 14:04.200 --> 14:07.300 interest on all sides of the political spectrum, 14:07.300 --> 14:10.800 that have the resources to hire people to gather 14:10.800 --> 14:13.370 signatures.  Proposition 187 certainly embodied this kind 14:13.367 --> 14:15.597 of organizing logic.  Again, it's called "Save Our 14:15.600 --> 14:19.300 State."  It's a proposition heavily supported by then 14:19.300 --> 14:21.770 Governor of California Pete Wilson, 14:21.767 --> 14:24.197 someone who'd been a moderate Republican, 14:24.200 --> 14:26.300 who turns aggressively conservative as he 14:26.300 --> 14:28.200 be--begins to put out--to cast an eye on a 14:28.200 --> 14:31.000 presidential campaign, a campaign that ultimately 14:31.000 --> 14:37.100 flops miserably.   Everybody knows that race and economic 14:37.100 --> 14:39.370 issues are politically divisive, 14:39.367 --> 14:42.497 and that way they can be extremely effective.  This 14:42.500 --> 14:44.200 is what Wilson identifies in Prop. 14:44.200 --> 14:48.100 187 and sees it as a way to put his name on the national 14:48.100 --> 14:49.100 screen. 14:49.100 --> 14:55.100 Proposition 187 focused on social services.  187 15:00.200 --> 15:03.900 ended--if, if it were put--made law, 15:03.900 --> 15:06.400 would end public social services, 15:06.400 --> 15:08.970 would end health services and education for 15:08.967 --> 15:12.997 undoc--undocumented immigrants, 15:13.000 --> 15:19.470 illegal aliens, illegal aliens.  So it's ending the 15:19.467 --> 15:21.097 social network--the safety net, 15:21.100 --> 15:24.100 excuse me, and education for undocumented immigrants.  15:24.100 --> 15:26.700 And it was about addressing a fiscal crisis in 15:26.700 --> 15:30.370 healthcare in the state.  It was a very real crisis, 15:30.367 --> 15:32.097 but it was also cast in racial light. 15:32.100 --> 15:38.400 There was a controversial ad that showed nighttime border 15:38.400 --> 15:42.400 crossers.  Now they're non-racialized.  No one ever 15:42.400 --> 15:45.900 mentions their race, the advertiser doesn't, 15:45.900 --> 15:48.600 but everybody knows that these are Mexicans crossing 15:48.600 --> 15:53.700 the border at night.  And these unnamed, 15:53.700 --> 15:56.700 un-raced individuals are depicted in the ad as a 15:56.700 --> 15:59.270 pestilent scourge, scourge, like rats invading the 15:59.267 --> 16:01.967 house; that they are coming into our state, 16:01.967 --> 16:07.797 they are invading it, they're taking it over.  187 16:07.800 --> 16:10.600 does pass.  "Let's save our state, 16:10.600 --> 16:14.600 by God," but it's caught up in litigation and ultimately 16:14.600 --> 16:18.400 killed when the moderate Democrat Grey Davis now the 16:18.400 --> 16:20.700 become--now the governor of California, 16:20.700 --> 16:24.400 dismisses it in 1999.  But it takes up, 16:24.400 --> 16:25.600 you know, the second half of the, 16:25.600 --> 16:27.400 the decade as far as political energy in the 16:27.400 --> 16:29.300 state of California. 16:29.300 --> 16:32.200 At the same time, Prop 187 is winding its way through 16:32.200 --> 16:36.600 the litigation process, California starts debating 16:36.600 --> 16:39.700 another proposition, this one in two--in 1996, 16:39.700 --> 16:40.700 Prop. 16:40.700 --> 16:44.570 209, the "California Civil Rights Initiative."  Now the 16:44.567 --> 16:48.397 "California Civil Rights Initiative" ends 16:48.400 --> 16:54.100 discrimination against and preferential treatment for 16:54.100 --> 16:56.300 any individual or groups based on race, 16:56.300 --> 17:00.700 sex, color, ethnicity, or national origin.  So it ends 17:00.700 --> 17:03.300 discrimination against individuals or groups, 17:03.300 --> 17:06.000 based on race, sex, color, ethnicity, 17:06.000 --> 17:08.300 or national origin.  This is, 17:08.300 --> 17:10.100 you know, something very much in the tradition of the 17:10.100 --> 17:13.900 civil rights heritage, of course.  But it also kills 17:13.900 --> 17:19.400 preferential treatment for the same groups.  It is an 17:19.400 --> 17:25.400 anti-affirmative action proposition.  As Prop. 17:28.100 --> 17:33.500 209 is garnering its votes, you have, 17:33.500 --> 17:35.870 in the University of California system, 17:35.867 --> 17:38.797 a series of faculty senate votes, 17:38.800 --> 17:40.500 you know, for or against the proposition, 17:40.500 --> 17:44.170 and a, and a state prop--a state law that's being 17:44.167 --> 17:46.267 changed that's going to end affirmative action in the UC 17:46.267 --> 17:48.097 system, regardless of what California, 17:48.100 --> 17:53.600 excuse me, what Prop. 17:53.600 --> 17:58.600 209 does.  Affirmative action's killed in the UC 17:58.600 --> 18:05.400 system.  The numbers of minorities plummet overnight 18:05.400 --> 18:08.400 in the flagship schools, like UC Berkeley, 18:08.400 --> 18:09.400 UCLA, UC San Diego. 18:09.400 --> 18:12.870 I was teaching at UC San Diego at the time, 18:12.867 --> 18:17.597 which did--never did have a large African American 18:17.600 --> 18:20.170 population, student population.  It's around two 18:20.167 --> 18:22.467 and a half percent.  Within one year, 18:22.467 --> 18:26.197 it's cut in half to one and a half percent. 18:26.200 --> 18:30.500 You have at UCLA and, and Cal tremendous drops in 18:30.500 --> 18:32.370 numbers of African American students in, 18:32.367 --> 18:35.097 in the college and also in places like the law school.  18:35.100 --> 18:42.070 Now what's really important about the "California Civil 18:42.067 --> 18:43.797 Rights Initiative" and the anti-affirmative action 18:43.800 --> 18:45.800 initiatives in the state is that--well, 18:45.800 --> 18:50.500 a couple of different things.  There's a 18:50.500 --> 18:53.500 hyper-focus on race.  People are talking about, 18:53.500 --> 18:56.800 you know, affirmative action and "it's going to eliminate 18:56.800 --> 18:59.400 the black and brown presence on campuses.  It's going to 18:59.400 --> 19:02.470 eliminate the chance for black and brown people to, 19:02.467 --> 19:07.797 to have an equal opportunity to get certain jobs."  But 19:07.800 --> 19:13.570 the group that it affected the most was white women.  19:13.567 --> 19:15.397 Since affirmative action became a federal policy, 19:15.400 --> 19:17.570 white women have overwhelmingly been the 19:17.567 --> 19:19.497 group that benefited the most from affirmative action 19:19.500 --> 19:23.000 policies, and they would be the group most negatively 19:23.000 --> 19:25.500 affected.  And yet that discourse is written out of 19:25.500 --> 19:31.500 the conversation in California.  Also, 19:34.100 --> 19:35.500 at the same time, there's a T.V. 19:35.500 --> 19:38.600 ad appears.  It runs for one day, 19:38.600 --> 19:40.500 just like the Willie Horton ad, 19:40.500 --> 19:44.170 ad runs just a couple of times in a day.  The T.V. 19:44.167 --> 19:46.767 ad runs for one day that claims that Martin Luther 19:46.767 --> 19:51.467 King would have supported Proposition 209, 19:51.467 --> 19:54.897 taking a few lines from his famous speeches and 19:54.900 --> 19:58.270 misrepresenting them.  In fact, 19:58.267 --> 19:59.797 King had gone on the record saying that he was in 19:59.800 --> 20:02.970 support of these minority set-aside programs then, 20:02.967 --> 20:04.167 soon to be called affirmative action 20:04.167 --> 20:10.167 programs.  Jesse Jackson is horrified that these two 20:12.500 --> 20:14.170 professors at Berkeley, I believe, 20:14.167 --> 20:17.267 who organized this ad campaign were the ones 20:17.267 --> 20:19.367 behind the logic of the "California Civil Rights 20:19.367 --> 20:21.967 Initiative," that they would misappropriate King in that 20:21.967 --> 20:24.197 way.  They weren't the first, 20:24.200 --> 20:26.600 and they wouldn't be the last, 20:26.600 --> 20:28.370 but it's an important sort of legacy, 20:28.367 --> 20:35.097 or wrestling with the memory of who people like King 20:35.100 --> 20:39.400 were.  Then you have the issue of the name itself.  20:39.400 --> 20:42.270 It's the "California Civil Rights Initiative."  In our 20:42.267 --> 20:45.397 post-civil rights age, when we are all enlightened on 20:45.400 --> 20:48.670 racial issues, so our general feeling goes, 20:48.667 --> 20:51.797 who's going to be against civil rights?  People don't 20:51.800 --> 20:54.600 want to be against civil rights.  They don't want to 20:54.600 --> 20:57.400 be considered racist, after all.  And so when people go 20:57.400 --> 21:01.300 into the ballot booth, the election booth, 21:01.300 --> 21:05.370 and vote, it turns out Calif--Proposition 209, 21:05.367 --> 21:08.797 the "California Civ--Civil Rights Initiative, 21:08.800 --> 21:12.500 essentially sails through, and it enjoys a majority of 21:12.500 --> 21:17.070 African American support, enjoys a major--majority of 21:17.067 --> 21:20.097 support from white women, and I believe--I'm just, 21:20.100 --> 21:21.900 I don't have my notes on this issue in front of me, 21:21.900 --> 21:24.500 so I'm not going to vouch for it for certain, 21:24.500 --> 21:27.900 but I think it receives a majority of Mexican American 21:27.900 --> 21:29.800 support as well.  If not a majority, 21:29.800 --> 21:33.000 the numbers are high.  When asked about these issues, 21:35.300 --> 21:37.800 white women responded that they didn't realize that the 21:37.800 --> 21:40.700 civ--civil rights initiative would actually--was a vote 21:40.700 --> 21:44.300 against their own self-interest.  African 21:44.300 --> 21:46.700 Americans made it clear, "We're for civil rights."  21:46.700 --> 21:51.770 They hadn't read the proposition.  And Mexican 21:51.767 --> 21:55.397 Americans supported it as well for curious reasons.  21:55.400 --> 21:59.970 They support civil rights, but they also saw this way 21:59.967 --> 22:04.167 of, of supporting this platform as a way to 22:04.167 --> 22:06.297 "Americanize" themselves, even though they already had 22:06.300 --> 22:11.100 American citizenship status.  So what--taking all 22:11.100 --> 22:12.800 of these things together, what does it actually lead 22:12.800 --> 22:16.700 us to?  It leads us to a point where we are today, 22:16.700 --> 22:22.370 frankly, of a general dumbing down of discourse in 22:22.367 --> 22:24.997 politics and media about race, 22:25.000 --> 22:27.670 and a gen--general laziness as well amongst the 22:27.667 --> 22:29.097 electorate when it comes to thinking about these 22:29.100 --> 22:35.100 things.  Now it doesn't help this process when you have 22:41.400 --> 22:45.570 people making editorial decisions that play to our 22:45.567 --> 22:47.397 low--lowest common denominator.  And this 22:47.400 --> 22:53.470 really is a theme of the American political thought, 22:53.467 --> 22:55.697 social and cultural thought, of the last twenty or thirty 22:55.700 --> 22:58.900 years, lowest common denominator does a really 22:58.900 --> 23:02.800 great job of appearing first.  So it doesn't help 23:02.800 --> 23:06.200 us become more astute thinkers about race and 23:06.200 --> 23:09.100 citizenship and belonging in politics when you have 23:09.100 --> 23:12.370 people making editorial decisions that capitalize 23:12.367 --> 23:16.767 upon racialized notions of blacks as criminal, 23:16.767 --> 23:20.567 for instance.  Just, just take this--this is all the 23:20.567 --> 23:25.397 attention that I'm going to pay to the O.J. 23:25.400 --> 23:28.000 Simpson case, although it captivates the United 23:28.000 --> 23:33.700 States.  The picture you see on your left is the picture 23:33.700 --> 23:35.100 that ran in Time magazine of O.J. 23:35.100 --> 23:40.200 Simpson.  The actual picture is the one on the right.  23:40.200 --> 23:42.700 Now people know what O.J. 23:42.700 --> 23:46.200 Simpson looks like, okay, and this is not a poor--I 23:46.200 --> 23:48.500 mean, it's, it's, it's not a high-quality image, 23:48.500 --> 23:50.470 but it's not appearing darker because it's being 23:50.467 --> 23:52.567 projected.  That is a darkened, 23:52.567 --> 23:55.567 clearly darkened, picture of O.J. 23:55.567 --> 23:57.897 Simpson.  So when the cover ran, 23:57.900 --> 24:00.500 people were like, "That seems a little--I don't 24:00.500 --> 24:04.100 think O.J.'s that dark."  And then someone got a hold 24:04.100 --> 24:09.200 of the actual print from the mug shot.  People were up in 24:09.200 --> 24:10.200 arms. 24:10.200 --> 24:13.600 "What are you doing?"  The response was, 24:13.600 --> 24:17.300 "Well, by Photoshopping things a little bit, 24:17.300 --> 24:19.370 it made the image pop."  That was the quote, 24:19.367 --> 24:23.297 "it made the image pop."  It was a better image.  As if 24:23.300 --> 24:25.100 anybody needed to have a better image of O.J. 24:25.100 --> 24:28.270 Simpson.  It wasn't like he was a mystery, 24:28.267 --> 24:30.967 and no matter what you felt about what he did or didn't 24:30.967 --> 24:33.667 do, you're still going to buy the magazine cover 24:33.667 --> 24:35.597 whether you're going to have a light image or a dark 24:35.600 --> 24:36.600 image of O.J. 24:36.600 --> 24:41.400 Simpson.  The young editor, photographic editor, 24:41.400 --> 24:43.570 wasn't around much longer, I believe, 24:43.567 --> 24:45.897 at Time, but he was probably taking the fall for some 24:45.900 --> 24:49.800 other editorial decision.  Anyway, 24:49.800 --> 24:52.170 our national discourse is one that's become 24:52.167 --> 24:54.397 increasingly impoverished, and we're still in that 24:54.400 --> 24:59.900 moment in our leisurely "post-racial" today.  But 24:59.900 --> 25:02.270 it's in this state of affairs, 25:02.267 --> 25:05.797 getting back to Clinton now, with Proposition "Save Our 25:05.800 --> 25:07.400 State," Proposition "California Civil Rights 25:07.400 --> 25:08.400 Initiative," O.J. 25:08.400 --> 25:12.170 Simpson in that bizarre moment, 25:12.167 --> 25:17.767 it's in this state of affairs that Bill Clinton 25:17.767 --> 25:19.167 travels to University of California, 25:19.167 --> 25:22.797 San Diego for its graduation ceremony in 1997, 25:22.800 --> 25:26.370 and while there, announces a new presidential initiative, 25:26.367 --> 25:28.797 "a National Dialogue on Race, 25:28.800 --> 25:32.400 or "the One America," or "the President's Race 25:32.400 --> 25:34.500 Initiative," or "a National Conversation on Race."  It 25:34.500 --> 25:36.000 had all these different titles.  It was all the same 25:36.000 --> 25:41.400 thing.  Clinton wanted to do something really--many of us 25:41.400 --> 25:45.200 thought that was really astonishing.  Recognizing 25:45.200 --> 25:46.900 that there was an impoverished state of affair 25:46.900 --> 25:50.500 in our national conversation about race--this is a person 25:50.500 --> 25:53.970 who grows up in the South, grows up around African 25:53.967 --> 25:58.497 Americans, can speak in a vernacular diction that was 25:58.500 --> 26:00.570 reminiscent, or sounded familiar to African 26:00.567 --> 26:06.067 Americans.  This is a person who got black America and 26:06.067 --> 26:08.597 was tremendously popular amongst black Americans, 26:08.600 --> 26:10.570 even despite Lani Guinier and other missteps along the 26:10.567 --> 26:14.197 way.  People thought, "Wow, Clinton's actually going to 26:14.200 --> 26:17.300 do something here."  He is better positioned than any 26:17.300 --> 26:22.700 other President since Jimmy Carter to do this.  The idea 26:22.700 --> 26:24.800 is, we're going to have town hall meetings all across the 26:24.800 --> 26:32.170 country where members of Clinton's Blue Ribbon 26:32.167 --> 26:34.667 Committee, chaired by the late historian John Hope 26:34.667 --> 26:38.897 Franklin, path breaking historian of many--for many 26:38.900 --> 26:41.470 reasons but, most famously, for breaking so many color 26:41.467 --> 26:45.467 lines as a black historian.  Now you had these town hall 26:45.467 --> 26:48.997 meetings across the country to talk about our current 26:49.000 --> 26:53.870 conversation about race.  A lot of really smart people 26:53.867 --> 26:55.267 on this committee; it seemed like a moment of real 26:55.267 --> 26:59.097 promise.  And the moment kind of implodes right away 26:59.100 --> 27:01.300 when the commission comes together to sort of organize 27:01.300 --> 27:08.200 itself and Angela Oh, a Korean attorney in Los 27:08.200 --> 27:12.000 Angeles, tremendously strong record when it comes to 27:12.000 --> 27:16.500 civil rights law, she clashes immediately with 27:16.500 --> 27:18.800 John Hope Franklin.  She has an incredibly strong record 27:18.800 --> 27:21.200 on civil rights activism and scholarship, 27:23.200 --> 27:26.800 and the clash was about how, in 1997, 27:26.800 --> 27:30.500 '98, should America talk about race?  Franklin was 27:30.500 --> 27:33.400 saying, "You must start with slavery.  Everything comes 27:33.400 --> 27:36.770 from that, that everything--every kind of 27:36.767 --> 27:38.997 conversation comes with that."  Angela Oh says, 27:39.000 --> 27:41.200 "You start from slavery, you are eliminating from the 27:41.200 --> 27:46.100 conversation millions, Chinese, 27:46.100 --> 27:48.800 Japanese, and Koreans and people from other different 27:48.800 --> 27:50.800 parts of the world who don't have part of that 27:50.800 --> 27:55.700 experience."  And in so many ways, 27:55.700 --> 27:58.100 they're both exactly right, so how do you resolve this?  27:58.100 --> 28:01.600 Well, it turns out you don't.  The commission 28:01.600 --> 28:03.670 effectively becomes a, a dead letter, 28:03.667 --> 28:06.067 had a few conversations.  Nothing much comes of it.  28:06.067 --> 28:07.767 Clinton's philandering, his denial, 28:07.767 --> 28:10.897 and his impeachment, serves as a profound distraction 28:10.900 --> 28:17.800 and sinks his second term.  So the conversation becomes 28:17.800 --> 28:23.670 a muted conversation, muted by the impeachment trial if 28:23.667 --> 28:27.297 nothing else.  Clinton's impeachment trial was not 28:27.300 --> 28:29.000 the only important court case of the nineties.  And I 28:29.000 --> 28:34.300 want to spend what time I have left talking about some 28:34.300 --> 28:35.600 of these court cases, because it brings us 28:35.600 --> 28:38.770 really--it brings us to a campus.  It brings us to our 28:38.767 --> 28:44.397 fairly current moment.  I want to talk about four 28:44.400 --> 28:49.570 court cases, three from the 1990s and one from 2003.  28:55.067 --> 28:56.397 Most of them are Supreme Court cases, 28:56.400 --> 28:59.500 not all of them though.  The first one is Shaw v. 28:59.500 --> 29:02.900 Reno, v. 29:02.900 --> 29:05.870 Reno, against the attorney general of the United 29:05.867 --> 29:09.997 States, Janet Reno, and it involved redistricting in 29:10.000 --> 29:15.300 North Carolina, congressional districts.  29:15.300 --> 29:19.500 The federal government required North Carolina, 29:19.500 --> 29:24.170 the state, the legislature, to create another district 29:24.167 --> 29:26.997 that would guarantee a black majority.  North Carolina's 29:27.000 --> 29:29.000 not an unusual southern state with large black 29:29.000 --> 29:30.700 populations, but also clustered black 29:30.700 --> 29:34.900 populations.  And it wasn't unusual among southern 29:34.900 --> 29:37.500 states in that districts were set up in such a way 29:37.500 --> 29:41.000 that the black vote was, was watered down, 29:41.000 --> 29:42.500 thinned out.  The federal government, 29:42.500 --> 29:44.400 the federal government said, "North Carolina, 29:44.400 --> 29:46.670 you need to get your act together. 29:46.667 --> 29:49.197 You need to create another district that will 29:49.200 --> 29:51.900 have--create the chance to elect a black person in 29:51.900 --> 29:53.970 office--put a black person in office.  We need a black 29:53.967 --> 29:59.767 majority district."  It would be the new twelfth 29:59.767 --> 30:00.997 district in North Carolina. 30:01.000 --> 30:05.200 The district was formed, and then a suit was brought by 30:05.200 --> 30:07.570 those who felt the district was a result of racial 30:07.567 --> 30:11.597 gerrymandering.  Racial gerrymandering, 30:11.600 --> 30:15.700 in this case, in support of an African American 30:15.700 --> 30:18.870 political presence.  Racial gerrymandering had always 30:18.867 --> 30:23.867 been trying to eliminate a black political presence, 30:23.867 --> 30:27.967 in talking about black-white issues.  Now there are 30:27.967 --> 30:30.497 several key issues that come up in the decision in Shaw 30:30.500 --> 30:31.500 v. 30:31.500 --> 30:35.800 Reno.  It was decided in 1993.  One key issue is that 30:35.800 --> 30:40.900 race is now a suspect category.   You know, 30:40.900 --> 30:43.000 there was a slide a, a little while ago, 30:43.000 --> 30:45.900 I, I, I realized I, I left it a little bit too early 30:45.900 --> 30:51.700 in, in Bakke.  Actually, let me just--one point I forgot 30:51.700 --> 30:56.170 to mention that's very important right now: quotas 30:56.167 --> 30:59.367 cannot be considered in application, 30:59.367 --> 31:01.667 but race can be considered as one of the key factors in 31:01.667 --> 31:03.097 admissions.  So Bakke's point, 31:03.100 --> 31:04.870 one of the things Bakke does, 31:04.867 --> 31:07.797 he says, "We can think about race when it comes to sort 31:07.800 --> 31:12.800 of adjudicating the limits, the parameters of racial 31:12.800 --> 31:17.600 belonging."  All right, just keep that fact in mind.  In 31:17.600 --> 31:18.600 Shaw v. 31:18.600 --> 31:21.700 Reno, the Supreme Court says race is a suspect category.  31:21.700 --> 31:25.300 "We've come a long way since the challenges of the 1960s 31:25.300 --> 31:27.400 and we need to think a little more carefully about 31:27.400 --> 31:33.400 when race is used."  The Voting Rights Act says that 31:36.900 --> 31:39.500 people had to consider issues of race when setting 31:39.500 --> 31:44.900 up jurisdictions, and Shaw says you just can't.  So 31:44.900 --> 31:49.200 Shaw starts to chip away at the Voting Rights Act.  And 31:49.200 --> 31:52.670 it comes up with a resolution: that race cannot 31:52.667 --> 31:57.197 be the predominant factor in deciding something like 31:57.200 --> 32:02.500 voting districts, but it can be considered.  So this is 32:02.500 --> 32:05.400 something in line with Bakke but a little bit different.  32:05.400 --> 32:07.100 Race can be considered but can't be the predominant 32:07.100 --> 32:10.500 factor; it is a suspect category.  And this is the 32:10.500 --> 32:12.700 most important phrase: there must be a compelling 32:12.700 --> 32:16.700 government interest to justify considering race.  32:20.100 --> 32:21.100 So Shaw v. 32:21.100 --> 32:22.600 Reno is really asking, "How do we, 32:22.600 --> 32:24.870 how do we take race into consideration when we're 32:24.867 --> 32:29.497 setting up public policy?"  It challenges the Voting 32:29.500 --> 32:31.600 Rights Act of '65, so it's chipping away at part of 32:31.600 --> 32:33.900 it.  There must be a compelling government 32:33.900 --> 32:41.800 interest.  Now this is the twelfth district, 32:41.800 --> 32:44.800 I'm going to show you in a second.  And I'll confess, 32:44.800 --> 32:46.200 I remember there was a, there was a recent 32:46.200 --> 32:47.500 resolution on this last year about--it, 32:47.500 --> 32:50.000 it came back again, I confess I don't even recall 32:50.000 --> 32:52.600 what the decision was, but in '93 this is what people 32:52.600 --> 32:57.100 were fighting against, the twelfth district.  See it 32:57.100 --> 33:03.000 right there, that little thing?  Certainly a suspect 33:03.000 --> 33:04.900 shape.  I mean, districts are always weird looking 33:04.900 --> 33:09.400 anyway, following rivers or sort of, 33:09.400 --> 33:13.700 census tracts.  District 12, and it's actually thicker 33:13.700 --> 33:16.600 here on the map than it is in reality, 33:16.600 --> 33:18.900 in the proposal, because sometimes it just ran along 33:18.900 --> 33:21.200 the highway.  There's no people living on the 33:21.200 --> 33:24.970 highway.  So it would go from one black neighborhood 33:24.967 --> 33:27.867 to another black neighborhood.  Now the 33:27.867 --> 33:29.797 supposition of course is that black folks will vote 33:29.800 --> 33:33.700 for black people.  And that's, 33:33.700 --> 33:35.100 that's something you can talk about in your 33:35.100 --> 33:37.870 discussion section.  That's a whole other kind of thorny 33:37.867 --> 33:42.597 briar patch of presumptions.  So North 33:42.600 --> 33:44.600 Carolina's proposed 12th Congressional District, 33:44.600 --> 33:49.000 it certainly looks awfully strange.  Going forward, 33:49.000 --> 33:52.300 1995, Adarand v. 33:52.300 --> 33:57.170 Peña.  It's a case in Colorado.  Adarand 33:57.167 --> 34:00.597 Construction versus Peña, who's the secretary of 34:00.600 --> 34:02.600 agri--transportation, excuse me. 34:04.700 --> 34:07.670 Up to this point, federal agencies had given financial 34:07.667 --> 34:10.397 incentives to those contractors who hire 34:10.400 --> 34:15.770 minority-controlled subcontractors.  So if you 34:15.767 --> 34:17.297 want to build something, and you're a, 34:17.300 --> 34:21.400 say a contractor, I get a bonus if I start looking for 34:21.400 --> 34:25.170 minority-owned firms to help do some of the work that I'm 34:25.167 --> 34:27.497 supporting.  And in this particular case, 34:27.500 --> 34:30.670 Adarand, a white-owned construction firm, 34:30.667 --> 34:36.867 submitted the lowest bid on a contract for a highway, 34:36.867 --> 34:40.797 but not, but did not get the contract.  The contract went 34:40.800 --> 34:47.400 instead to a minority-owned firm.  So the Supreme Court 34:47.400 --> 34:53.600 holds, the Supreme Court holds that race can only be 34:53.600 --> 34:56.800 used if there's a compelling interest, 34:56.800 --> 34:57.970 that builds off of Shaw v. 34:57.967 --> 35:02.597 Reno, and then that the government agency using 35:02.600 --> 35:05.870 racial distribution must do so under strict scrutiny, 35:05.867 --> 35:10.497 another one of these great Supreme Court phrases, 35:10.500 --> 35:12.800 and it must be used in a narrowly tailored way.  35:18.200 --> 35:21.400 Compelling interest, strict scrutiny, 35:21.400 --> 35:26.270 narrowly tailored.  What you have in Adarand v. 35:26.267 --> 35:31.467 Peña is again a narrowing of the option to use race.  You 35:31.467 --> 35:33.767 got a incred--you have to have an incredibly strong 35:33.767 --> 35:36.597 case if you're going to press a, 35:36.600 --> 35:39.270 quote, "racial iss--issue" and hope to have it 35:39.267 --> 35:45.267 succeed.  1996, state of Texas, 35:48.667 --> 35:50.667 it's not a Supreme Court case. 35:52.900 --> 35:53.900 In Hopwood v. 35:53.900 --> 35:58.100 Texas, the University of Texas law school had been 35:58.100 --> 36:01.270 aiming, a tradition of aiming to admit a class that 36:01.267 --> 36:05.597 looked like Texas.  And it actually changed its 36:05.600 --> 36:10.700 admission formula to benefit black and Latino 36:10.700 --> 36:15.600 applicants.  Cheryl Hopwood, the plaintiff, 36:15.600 --> 36:18.370 is one of four people, all white, 36:18.367 --> 36:23.297 who were denied admission and then sued.  The district 36:23.300 --> 36:25.570 court sides with the University of Texas, 36:25.567 --> 36:27.997 saying they can set their own admissions policy.  They 36:28.000 --> 36:30.000 haven't offended the logic that was announced in 36:30.000 --> 36:33.500 Bakke.  The appeals court took the plaintiffs' side 36:36.400 --> 36:42.000 and in Hopwood, it says race cannot be used as a plus 36:42.000 --> 36:48.070 factor in the consideration of applications.  So Texas 36:48.067 --> 36:50.297 didn't use quotas.  That's unconstitutional, 36:50.300 --> 36:53.770 can't do it.  But it did say--you know, 36:53.767 --> 36:55.597 I'm making up the numbers in the schematic--if one 36:55.600 --> 36:58.300 hundred points is what you need to get admitted to the 36:58.300 --> 37:00.500 University of Texas law school, 37:00.500 --> 37:01.900 if you're African American, we're going to give you ten 37:01.900 --> 37:06.700 more points.  It helps boost your score.  And this is 37:06.700 --> 37:09.200 actually a practice used by many universities across the 37:09.200 --> 37:10.500 country.  I know it's u--used, 37:10.500 --> 37:13.900 used by the University of California--they gave a bump 37:13.900 --> 37:15.500 up to those from historically 37:15.500 --> 37:18.100 underrepresented groups.  It also gave a bump up for 37:18.100 --> 37:20.400 veterans, and it gave a bump up for other, 37:20.400 --> 37:24.000 other populations as well.  But it was racial and ethnic 37:24.000 --> 37:31.970 minorities who become the focus of this excess.  So if 37:31.967 --> 37:36.497 you take Bakke as the foundation, 37:36.500 --> 37:37.500 you add Shaw v. 37:37.500 --> 37:38.900 Reno, you take Adarand versus Peña, 37:38.900 --> 37:41.870 you take Hopwood versus Texas, 37:41.867 --> 37:47.397 you have a situation where the very premise of Bakke, 37:47.400 --> 37:50.700 which eliminated quotas but said race could be used, 37:50.700 --> 37:52.570 so it supported affirmative action, 37:52.567 --> 37:55.667 the premise of Bakke is being stripped away.  The 37:55.667 --> 37:57.897 Voting Rights Act is being narrowed in terms of how it 37:57.900 --> 38:02.670 can be applied, and now sort of ground zero for the 38:02.667 --> 38:08.897 debate is university admissions policies.  This 38:08.900 --> 38:13.970 is why the stakes were so high in 2003 at the 38:13.967 --> 38:15.967 University of Michigan. 38:17.967 --> 38:23.967 In 1997, in 1997, Barbara Grutter had applied to the 38:31.867 --> 38:35.397 University of Michigan law school and been denied 38:35.400 --> 38:38.800 admission.  The law school freely admitted that it used 38:38.800 --> 38:41.800 race in its admission as a compelling interest to 38:41.800 --> 38:44.970 achieve diversity.  It used that word that they knew 38:44.967 --> 38:49.197 was--I mean, it's law school.  Compelling interest 38:49.200 --> 38:51.700 is actually--that would survive a litmus test, 38:51.700 --> 38:56.870 so they felt.  But the question was, 38:56.867 --> 38:59.367 does the University of Michigan law school, 38:59.367 --> 39:02.997 did its use of preferences in student admissions 39:03.000 --> 39:05.400 violate the equal protection clause of the Fourteenth 39:05.400 --> 39:07.970 Amendment or the Civil Rights Act of '64?  These 39:07.967 --> 39:11.597 were the questions before the court.  Now I said 39:11.600 --> 39:15.200 1997.  This thing is bouncing around until the 39:15.200 --> 39:21.200 court decides it in 2003.  The lead-up to the Supreme 39:23.700 --> 39:25.970 Court decision was really quite fascinating, 39:25.967 --> 39:30.197 because it tells a story of our contemporary political 39:30.200 --> 39:32.200 and capital--corporate culture as it, 39:32.200 --> 39:35.600 as it comes to affirmative action.  You have friends of 39:35.600 --> 39:38.370 the court, petitions being filed by a whole bunch of 39:38.367 --> 39:43.667 people, and you have a really fascinating coalition 39:43.667 --> 39:50.097 being formed by corporate interests and retired 39:50.100 --> 39:54.600 military generals, that if one takes a stereotype in 39:54.600 --> 39:57.300 mind, they think, "well these are very conservative 39:57.300 --> 40:01.700 populations."  These are the groups that were very much 40:01.700 --> 40:03.300 in favor of University of Michigan's admissions 40:03.300 --> 40:05.900 policy, very much in favor of affirmative action, 40:05.900 --> 40:11.100 the military actually being one of the great places for 40:11.100 --> 40:17.100 diversifying management structures.  I'm not saying 40:17.100 --> 40:20.000 it's perfect; no place is.  But the military had done 40:20.000 --> 40:23.570 more than many other institutions to diversify 40:23.567 --> 40:27.797 itself over the course of the previous forty years.  40:27.800 --> 40:29.500 And corporations recognizing, 40:29.500 --> 40:31.170 if you go back to Jesse Jackson, 40:31.167 --> 40:36.997 and his Operation PUSH, and his boycotts of companies 40:37.000 --> 40:39.100 like Coca-Cola and Anheuser-Busch, 40:39.100 --> 40:42.870 corporations recognizing, "We need to have a pool of 40:42.867 --> 40:48.197 talent that we can tap into for management positions, 40:48.200 --> 40:51.270 so we can tap into markets and make more money."  This 40:51.267 --> 40:52.767 is what the corporations were trying to do, 40:52.767 --> 40:57.197 of course.  "We need to preserve affirmative action 40:57.200 --> 41:00.500 policies, as long as there aren't quotas, 41:00.500 --> 41:05.700 wherever we can find them."  George Bush White House 41:05.700 --> 41:13.400 comes out in support of the plaintiffs.  The Supreme 41:13.400 --> 41:19.400 Court weighs in, and it has a mixed answer.  People 41:21.700 --> 41:27.700 didn't know what was going to happen.  The mixed answer 41:27.700 --> 41:32.200 is that student body diversity is a compelling 41:32.200 --> 41:37.670 state interest in the context of university 41:37.667 --> 41:38.897 admissions, of university admissions.  It's 41:38.900 --> 41:45.700 compelling.  Race can therefore be a factor in 41:45.700 --> 41:47.070 consideration of the application, 41:47.067 --> 41:49.397 as long as its use is narrowly tailored.  So you 41:49.400 --> 41:51.170 see, you know, it's building on the language of the court 41:51.167 --> 41:55.397 cases I was already talking about.  It reaffirms, 41:55.400 --> 41:56.400 therefore--Grutter v. 41:56.400 --> 42:02.200 Bollinger reaffirms Bakke, maintains a narrow framework 42:02.200 --> 42:04.800 in which to understand Bakke.  But then Sandra Day 42:04.800 --> 42:07.600 O'Connor says, and does something rather unusual 42:07.600 --> 42:09.800 that she's since distanced herself from, 42:09.800 --> 42:13.600 she goes, "You know, we need this now."  You know, 42:13.600 --> 42:18.000 one of the issues with conservatives, 42:18.000 --> 42:19.300 and this is something that, that--oh I just drew a blank 42:19.300 --> 42:25.300 on his name.  It doesn't really matter.  This is a, 42:29.600 --> 42:32.170 a, an ideology that many conservatives are saying, 42:32.167 --> 42:35.597 "Look, it's been thirty and forty years since the civil 42:35.600 --> 42:39.170 rights movement.  That's enough time."  And liberals 42:39.167 --> 42:41.197 would say, "Ah, what about the previous two hundred?"  42:41.200 --> 42:46.670 Well, anyway, Sandra Day O'Connor says, 42:46.667 --> 42:48.797 "Yeah, we've come a long way, 42:48.800 --> 42:50.900 but we're still not perfect as a society in this issue.  42:50.900 --> 42:54.500 In twenty-five years--I think about twenty-five 42:54.500 --> 42:56.100 years is about right."  How she came up with a number, 42:56.100 --> 43:00.700 I have no idea.  "But in twenty-five years, 43:00.700 --> 43:06.100 it will probably be time to revisit this question."  And 43:06.100 --> 43:09.300 you can bet, well before twenty-five years is up I'm 43:09.300 --> 43:13.270 sure, but if by some miracle it's not challenged within 43:13.267 --> 43:16.597 twenty-five years, you better believe that there'll 43:16.600 --> 43:19.000 be a twenty-fifth anniversary of suits against 43:19.000 --> 43:20.600 affirmative action, and college admissions, 43:20.600 --> 43:27.700 and, and wherever else it's articulated.  So the 43:27.700 --> 43:29.570 University of Michigan law school had to actually scrap 43:29.567 --> 43:32.367 its policy.  The University of Michigan had a slightly 43:32.367 --> 43:33.867 different policy that supported affirmative action 43:33.867 --> 43:35.997 in diversifying its pop--student population, 43:36.000 --> 43:39.600 was able to keep it.  Now collectively, 43:41.800 --> 43:45.300 these cases demonstrate how race works in a legal 43:45.300 --> 43:51.900 setting since the civil rights triumphs of the 43:51.900 --> 43:54.970 1960s.  Something interesting has happened in 43:54.967 --> 43:56.497 these cases, though. 43:56.500 --> 44:02.570 In each of these cases, white plaintiffs were the 44:02.567 --> 44:06.397 ones who were filing suit, claiming their equal rights 44:06.400 --> 44:11.800 had been violated.  This is sort of the fascinating turn 44:11.800 --> 44:15.800 in civil rights law, equal protection law, 44:15.800 --> 44:18.600 in the nineties, in the eighties into the nineties.  44:20.967 --> 44:21.967 Something that was encouraged, 44:21.967 --> 44:23.267 by the way, by Clarence Thomas, 44:23.267 --> 44:25.667 when he was the head of the EEOC, 44:25.667 --> 44:27.167 that became an organization--it was put 44:27.167 --> 44:29.067 there by Ronald Reagan--it was an organization that 44:29.067 --> 44:33.297 actually ended up becoming non-functioning as far as 44:33.300 --> 44:39.700 supporting claims for racial discrimination, 44:39.700 --> 44:43.300 ethnic discrimination, and gender discrimination.  The 44:43.300 --> 44:48.670 backlog is tens of thousands of cases.  But we're in a 44:48.667 --> 44:53.667 moment in the 1990s where the equal protection clause 44:53.667 --> 44:57.497 of, of the Fourteenth Amendment is used often and 44:57.500 --> 44:59.370 to great effect by civil rights advocates 44:59.367 --> 45:03.667 over--especially the height of the movement in the 45:03.667 --> 45:10.397 fifties and sixties--has now a much narrower application 45:10.400 --> 45:14.000 and is used with greater success to roll back some of 45:14.000 --> 45:16.200 the more controversial gains of the civil rights 45:16.200 --> 45:18.700 movement.  So in a sense, the civil, 45:18.700 --> 45:22.100 civil rights laws are being used against the policies 45:22.100 --> 45:25.600 promulgated by civil rights activism when you get into 45:25.600 --> 45:27.670 the 1990s. 45:27.667 --> 45:30.767   All of this begs the question, 45:30.767 --> 45:36.497 is, how race is used in our society.  This will really 45:36.500 --> 45:38.500 be the lecture--the topic of the final lecture, 45:38.500 --> 45:44.200 but it's important to understand the passions.  I 45:44.200 --> 45:46.400 mean, I've been talking about them in sort of a 45:46.400 --> 45:49.700 clinical way that you see in Supreme Court cases, 45:49.700 --> 45:54.370 federal court cases, the last twenty or thirty 45:54.367 --> 45:58.097 minutes.  But the passion of how people use and--use and 45:58.100 --> 46:03.400 abuse race hasn't diminished in the wake of the civil 46:03.400 --> 46:05.870 rights victories of the 1960s, 46:05.867 --> 46:08.367 when the civil rights excesses--again, 46:08.367 --> 46:12.667 based on your politics.  In the 1970s, 46:12.667 --> 46:15.897 for instance, in Boston, Mass.--I already talked 46:15.900 --> 46:20.600 about the Stuart case in Boston in the nineties.  But 46:20.600 --> 46:24.800 Boston has a nasty history when it comes to racial and 46:24.800 --> 46:32.100 ethnic politics.  White ethnic communities in Boston 46:32.100 --> 46:35.870 are up in arms.  There's a new policy about busing. 46:35.867 --> 46:37.697 They were going to take black kids in Boston--this 46:37.700 --> 46:40.200 is a highly segregated city--and bring them into, 46:40.200 --> 46:43.300 quote "our schools" and ship "our kids" out to black 46:43.300 --> 46:47.500 schools.  "This is an atrocity."  So you have 46:47.500 --> 46:52.800 gangs of angry white ethnic Bostonians attacking school 46:52.800 --> 46:58.200 buses with children in them, hurling epithets left and 46:58.200 --> 47:04.200 right, and acting in the most strug--disturbing kinds 47:07.167 --> 47:11.197 of ways, when you think about the politics of racial 47:11.200 --> 47:13.000 symbolism and citizenship.  I mean, 47:13.000 --> 47:15.170 these are some of the core themes with which I began 47:15.167 --> 47:21.397 this course.  Theodore Landsmark, 47:21.400 --> 47:27.800 an African American man, graduates from Yale with a 47:27.800 --> 47:28.800 J.D. 47:28.800 --> 47:34.270 in '73, a degree in architecture in '76.  Up in 47:34.267 --> 47:38.797 Boston, he's walking out of City Hall, 47:38.800 --> 47:44.100 a well-dressed man, three-piece suit, 47:44.100 --> 47:48.000 very professional.  At least until recently--he still may 47:48.000 --> 47:50.700 be--the president of a, of a, 47:50.700 --> 47:56.170 of an arts university in Boston.  He steps out into 47:56.167 --> 47:59.397 the City Hall Plaza, unaware that there is a mob of these 47:59.400 --> 48:02.400 angry white ethnic individuals upset about 48:02.400 --> 48:06.800 busing policies.  He's not an activist as far as busing 48:06.800 --> 48:08.700 is concerned.  He's not one of the, 48:08.700 --> 48:11.400 the people on the front lines calling for change, 48:13.467 --> 48:16.997 but he is black.  And that's all that mattered to the 48:17.000 --> 48:21.400 person who approached him and expressed his idea about 48:21.400 --> 48:25.800 citizenship upon, or rather in, 48:25.800 --> 48:31.470 Landsmark.  Taking the American flag, 48:31.467 --> 48:34.697 with a fixed point, and goring Landsmark.  He 48:34.700 --> 48:41.300 survives.  He survives.  But if you're thinking that the 48:41.300 --> 48:45.170 politics of citizenship, and belonging, 48:45.167 --> 48:46.597 and of racial symbolism--wrapped up in 48:46.600 --> 48:48.400 this case in just a black man walking out of City 48:48.400 --> 48:51.300 Hall--if you think those were politics of a different 48:51.300 --> 48:54.800 era, going back prior to the sixties and fifties and 48:54.800 --> 48:57.770 earlier--this is 1970s--and if you think it's only 48:57.767 --> 49:01.367 politics of the 1970s, I think in the last lecture 49:01.367 --> 49:04.597 we'll see that it's a problem very much with us in 49:04.600 --> 49:06.800 our "post-racial" age.  Thank you very much.