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Affirmative action is a term that refers to institutional programs or policies designed to create equal opportunities for women and racial minorities in areas where they have traditionally been denied access. Although the term itself is relatively new, the idea behind the intent of the concept is not. For much of U.S. history, women and minorities were relegated to second-hand citizenship and treated as inferior beings in comparison with White men. They were denied access to employment, educational, political, and even social opportunities that were typically held by and reserved for White men. Even though much has changed during the past 50 or so years, affirmative action continues to draw major debates as to its usefulness during the post-civil rights era. This entry describes the historic context of discrimination, the advent of affirmative action, and the more recent retreat from these advances.

Founding Principles

The notion that all people are equal, imbued with certain inalienable rights, and should be treated fairly and justly is relatively new in the United States. Of course, one could point to the U.S. Constitution or, in particular, the Bill of Rights, and make the claim that justice and fairness have always been the centerpiece of U.S. society, relying on the fact that “We the people” begins the Constitution. In addition, the preamble of the U.S. Declaration of Independence (1776) specifically mentions equality and inalienable rights: “We hold these truths to be self-evident, that all men are created equal.”

Despite these affirmations, a number of contemporary race scholars say the U.S. Constitution is a racial document that historically helped to set the stage for the development of a racist society. Of course, the Founding Fathers were also sexist. Women had few rights compared with men in the early history of the United States. Hence, the Founding Fathers had probably always assumed White male supremacy.

President Abraham Lincoln's Emancipation Proclamation on January 1, 1863, paved the way for the dismantling of slavery in the United States. Established following the Civil War, the Freedman's Bureau represents one of the earliest forms of affirmative action by the U.S. government to give some measure of assistance to newly freed slaves in the form of clothing, rations, and medicine. The Freedman's Bureau also participated in employment negotiations between laborers and their employers. However, Whites continued to maintain social, economic, and political control through the use of Jim Crow legislation, highly racialized scare tactics, and a court system openly hostile to minorities.

Change Begins

White males were able to thwart an increasing women's suffrage movement, which would not gain momentum until the early 20th century. Only with ratification of the Nineteenth Amendment to the Constitution on August 26, 1920, were women finally permitted to vote. During the early 1930s, federal court decisions ordered an end to overt racial segregation at all-White universities.

One of the earliest attempts at affirmative action during the 20th century came in the form of President Franklin D. Roosevelt's Executive Order 8802, better known as the Fair Employment Act. Under pressure from a massive protest organized by the Brotherhood of Sleeping Car Porters (led by Bayard Rustin, A. Philip Randolph, and A. J. Muste), Roosevelt signed the executive order on June 25, 1941, only months before the start of World War II. It prohibited racial discrimination in the national defense and other government-related industries.

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