One of the problems with a politician like Trent Lott is
that he discredits perfectly legitimate policy positions
by associating them with racism. To make matters worse,
now that he has again gotten caught with his foot in his
mouth, he will probably support bad laws in order to
prove he is no racist. A fine fix we are in.
The American people have been handed a bad package deal.
They have been told that if someone opposes racism, then
he must favor affirmative action (actually, racial quotas
and set-asides) and other forms of government management
of private race relations. The corollary is that
opposition to these government mandates is proof, ipso
facto, of racism.
This, of course, is ridiculous. Today a racist would
oppose government management of private race relations
(though he didnt during the Jim Crow era). But it
doesnt follow that anyone who opposes this is also
a racist. Freedom of association, which everyone lauds,
logically includes the freedom not to associate, which is
more often condemned than lauded. And the freedom not to
associate, if it is to be a bona fide freedom, must be
accepted even when a particular person holds an
irrational standard for deciding with whom to associate.
In other words, a person has a right to be a (peaceful)
racial separatist as abominable as it is. It comes
with freedom, which means that it cannot be attacked
legally without undermining all freedom. Freedom can
sometimes have unpleasant outcomes, but that is no reason
to do away with it. If freedom means only the freedom to
do the inoffensive, then it rests on a frail foundation
indeed.
Thus affirmative action is wrong. An employer should be
free to hire whomever he wishes for whatever reason he
wishes. If he is dumb enough to exclude members of entire
groups, no matter how talented they are, he will lose
business to employers who are not so dumb. All we need to
guarantee such a result is a free market, where the
government abstains from playing favorites. A free market
is vibrant and competitive, meaning that it maximizes
choice for workers and consumers. If one employer is a
bigot, there will be others who are not. Private property
and competition (that is, limits on government power) are
far better protectors than government.
Similarly, other forms of government management of
private race relations are wrong and even self-defeating.
If the owner of a restaurant refuses to serve black
people, competitors will be happy to do so, provided the
government doesnt outlaw integration (as it did in
the Jim Crow era), connive with racist vigilantes, or
hamper the launching of new businesses.
It is little known that many white businessmen opposed
state-mandated segregation. White railroad owners
objected to the Louisiana law that required separate
train cars. One of those owners worked with a black man
to challenge that law in the landmark Plessy v.
Ferguson case in 1896. Legal scholar Richard
Epstein has written that many southern businessmen would
have opened their businesses to all had they not feared
violence from the Ku Klux Klan, whose friends on the
police force would have looked the other way.
The upshot is that people in a free society have an
incentive to enlarge social cooperation because the gains
from trade are mutual and enormous. As has been said,
green is a more powerful color than black or white. On
the other hand, political intervention that is presented
as racially benign expands the arbitrary power of
government, endangering everyone.
Heres the problem: when people with an apparent
soft spot for state-enforced segregation, such as Trent
Lott, who has twice publicly praised Strom
Thurmonds 1948 segregationist presidential
campaign, oppose affirmative action and other government
interventions, they unjustifiably reinforce the
impression that only racists could oppose those decrees.
Many people known not to be racists oppose affirmative
action including prominent black social scientists
but they are ignored in favor of easier opponents
like Lott. Thats convenient for those who favor
intrusive government, such as the power-hungry
civil rights leaders Al Sharpton and Jesse
Jackson. But their interest is not in justice and liberty
or even the well-being of black Americans. Remember, the
day racism disappears, they are out of jobs.
Sheldon Richman is senior fellow at The Future of Freedom Foundation in Fairfax, Va., and
editor of Ideas on Liberty magazine.
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