Affirmative action is the name of an American social practice through which members of historically disadvantaged racial and/or ethnic groups are given preferential treatment in an effort to compensate for past harm caused to their ancestors. For thirty years, affirmative action was carefully shielded from open, honest evaluation while it simultaneously grew more pervasive along with the federal bureaucracy and welfare state. The recent political upheaval caused by the Republican takeover of Congress in 1994 has opened the door for opponents of affirmative action programs to successfully pursue their gradual elimination. If affirmative action is to continue as an American institution, its supporters must be willing to listen to frank criticisms of affirmative action's shortcomings. Nevertheless, affirmative action programs remain an endangered species.
             Affirmative action programs were initiated by President Lyndon B. Johnson in 1965 to correct past discrimination. Its purpose was to actively seek out black candidates for jobs, college, or promotions, without treating them differently in the decision to hire, admit, or promote. In the 1970s, however, affirmative action took on a new meaning as good-faith efforts to recruit blacks would not withstand a Title VII challenge of the Civil Rights Act of 1964. Employers and admission committees had to actually hire or admit black applicants to withstand challenges of racial discrimination (Rodrigue, 1995). The strategy most frequently employed was to select the best available black candidate even if the best was not good enough for the position.
             The rationale most frequently given for affirmative-action programs is "the principal of compensatory justice" This principle states that whenever an injustice has been committed, just compensation or reparation must be made to the injured party. It is this principle that is the rationale behind the tort law's compensa...