Publisher's Synopsis
Excerpt from Group Preferences and the Law: Hearings Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, First Session, April 3, June 1, and October 25, 1995
Two of the three, the Civil Rights Act of 1964 and the Voting Rights Act of 1965, have always stood at the center of our debates over civil rights policy. The third has not, but it should have. This is the Immigration Act of 1965.
All three laws were liberal reforms abolishing group preference systems in the name of equal individual rights. Yet, all three led to the development of new group preference systems, consequences that were unplanned and unanticipated.
Senator Hubert Humphrey, one of the strongest advocates of nondiscrimination reforms in the 1960's, was sincere when he said he would eat his hat if they led to minority preferences. Looking backward, we can see how and when this happened.
The postwar growth of Federal contracts and grants, popular and relatively stringless prior to the 1960's, created dependencies among recipient State and local governments, private businesses, school systems and universities, hospitals and other institutions. Beginning in 1964, Congress responded to mobilized african-ameri cans, of ethnic minorities, feminists, environmentalists, and consumer and safety advocates by enacting statutory protections against social harms and risk.
New agencies of social regulation enforced the new protections by making rules that cut across industrial sector boundaries. The re sult was a sea of change following the 1960's in the nature of the American administrative state. Paradoxically, the Size of the Fed eral bureaucracy and its discretionary budget declined in relation to State and local governments and expanding entitlements.
Yet, the reach of the Federal regulation grew ever more intrusive under the accumulating burdens of cost-cutting agency require ments and unfunded mandates. The periodic reports to Congress of the Advisory Commission on Intergovernmental Relations during the 197 0's and the l980's, read like a worsening nightmare of pub lic administration.
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