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CONTENTS

OPENING STATEMENTS

Page

Sedler, Robert, professor of law, Wayne State University, Detroit, Mich
Abram, Morris B., Esquire, New York, N.Y.

Kilson, Martin, professor of government, Harvard University.
Van Alstyne, William, professor of law, Duke University..

Herrity, John F., chairman, board of supervisors, Fairfax County, Common-
wealth of Virginia.....

Lowery, Rev. Joseph E., president, Southern Christian Leadership Conference.
Warner, Michael A., Seyfarth, Shaw, Fairweather & Garaldson, Chicago, Ill....
Lavinsky, Larry M., vice chairman, National Commission of the Anti-Defama-
tion League of B'nai B'rith.....

Flowers, Wanda, legal counsel, Working Women...

ALPHABETICAL LISTING AND MATERIALS SUBMITTED

Skewing Affirmative Action's Purpose, by Morris B. Abram, from the

New York Times, June 7, 1981.

Bunzel, John H.:

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Bunzel, John H.-Continued

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Affirmative Action, Negative Results, by John H. Bunzel, from the No-
vember 1979 issue of Encounter.

429

Prepared, Not Preferred, by John H. Bunzel, from the Staford magazine,
Fall/Winter 1980

438

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Written questions submitted by Senator Hatch, with responses

734

Hatch, Hon. Orrin G.:

Opening statements..

1, 153, 263, 473

Letter from Wm. Bradford Reynolds, Assistant Attorney General Civil
Rights Division.......

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Affirmative Action Harms the Disadvantaged, by Thomas Sowell, from
the New York Times, July 28, 1981....

348

Weber and Bakke, and the Presuppositions of "Affirmative Action," by
Thomas Sowell, from the Wayne Law Review, Vol. 26, 1980

"Affirmative Action" Reconsidered, by Thomas Sowell, from the Public

Interest, Winter 1976............

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Rites of Passage: Race, the Supreme Court, and the Constitution, by
William Van Alstyne, from the University of Chicago Law Review.........

Warner, Michael A.:

94

Justice Blind-Sided, by George F. Will, from the Washington Post, July 10,
1980.

1033

AFFIRMATIVE ACTION AND EQUAL

PROTECTION

MONDAY, MAY 4, 1981

U.S. SENATE,

COMMITTEE ON THE JUDICIARY,

SUBCOMMITTEE ON THE CONSTITUTION,

Washington, D.C.

The subcommittee met, pursuant to notice, at 9:30 a.m., in room 2228, Dirksen Senate Office Building, Senator Orrin G. Hatch [chairman of the subcommittee] presiding.

Present: Senator Grassley.

Staff present: Stephen J. Markman, general counsel; Tom Parry, chief counsel; and Claire Greif, clerk.

STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENATOR FROM THE STATE OF UTAH, CHAIRMAN, SUBCOMMITTEE ON THE CONSTITUTION

Senator HATCH. The U.S. Senate Subcommittee on the Constitution today convenes the first in what will be an extensive series of hearings on the subject of affirmative action and, in particular, the relationship beween affirmative action policies and the equal protection guarantees of our Constitution.

During these hearings, it is my intent to explore thoroughly the implications of affirmative action programs for our Nation's values, its institutions, and its moving principles.

The Subcommittee on the Constitution, in this course, will pursue such diverse matters as the legal issues surrounding affirmative action, the administration of affirmative action, the impact of affirmative action upon minorities and majorities, the economic and social effects of affirmative action, and alternatives to affirmative action. We will not, however, lose sight of what is the overriding matter of inquiry—is affirmative action constitutional?

These hearings are long overdue, in my opinion. What is remarkable is that the affirmative action concept-one with so many important implications for what our Nation is all about-should have begun to take root within our system almost totally in the absence of legislative sanctions.

It speaks to other difficulties in our political system that affirmative action has developed solely through judicial and executive branch decisions. Sixteen years after President Johnson issued Executive Order 11246, 12 years after the Philadelphia plan, 9 years after Griggs v. Duke Power, and 1 year after Fullilove v. Klutznick, it is about time that Congress start to take an active role in this matter.

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