Minority Set Aside Programs
... Over time, the government’s obligation not to deprive citizens of “life, liberty and property” has been transformed into a duty to ensure that minority groups are guaranteed an “equitable” piece of the American pie. ... The press is full of stories about city, state and federal “set aside” programs for construction projects for minority-owned businesses and the debate over the constitutionality and morality of the programs. ... Supreme Court decisions now require a more stringent standard of judicial review when government considers racial set asides. ... The court agreed that remedying the effects of past discrimination constitutes a compelling governmental interest, but that evidence offered by the state of Ohio (from the 1970s) was too remote in time to support set-aside programs twenty years later. ... (Morel) Another common issue in set-aside and affirmative action cases is classifying all minority groups together (Blacks, Native Americans, Hispanics, Orientals and others) without establishing that each group needs special protection from discrimination. ... A percentage allotment of state construction dollars to certified MBEs (Minority owned Business Enterprises) does not fulfill the government’s obligation to protect all citizens from racial discrimination. (Stuart) Government set-aside cases show how civil rights, which every citizen deserves, have been replaced by group entitlements. ... Special allotment of state contract dollars for minority-owned construction companies reflects a poor opinion of minority ability to succeed without special government assistance.