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A Bridge to One America: the Civil Rights Performance of the Clinton Administration

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A Bridge to One America: the Civil Rights Performance of the Clinton Administration DOCUMENT RESUME ED 457 273 UD 034 413 AUTHOR Kraus, Rebecca S.; Chambers, David R. TITLE A Bridge to One America: The Civil Rights Performance of the Clinton Administration. INSTITUTION Commission on Civil Rights, Washington, DC. PUB DATE 2001-04-00 NOTE 94p. AVAILABLE FROM U.S. Commission on Civil Rights, 624 Ninth Street, N.W., Washington, DC 20425. Tel: 202-376-8110; Web site: http://www.usccr.gov. PUB TYPE Reports Evaluative (142) EDRS PRICE MF01/PC04 Plus Postage. DESCRIPTORS Affirmative Action; American Indians; Bilingual Education; *Civil Rights Legislation; Compliance (Legal); Elementary Secondary Education; Equal Education; Equal Opportunities (Jobs); Ethnic Relations; Federal Legislation; Housing; Immigrants; Law Enforcement; Minority Groups; Population Trends; Public Policy; Racial Relations; Social Discrimination; Socioeconomic Status; Violence; Voting IDENTIFIERS Access to Health Care; *Clinton Administration; Clinton (Bill); Hate Crime; Welfare Reform ABSTRACT This report assesses the civil rights record of Bill Clinton's presidential administration, examining progress made in federal civil rights law enforcement and policy development. Four sections include: (1) "Introduction: The Clinton Presidency in Perspective" (the civil rights landscape and continuing relevance of the fight for civil rights);(2) "Background: A Decade of Turmoil and Change" (key civil rights laws, judicial decisions, and agency enforcement in the 1990s; growing racial and ethnic tensions during Clinton's administration; socioeconomic disparities in the 1990s; and demographic change in the 1990s and beyond);(3) "An Evaluation of President Clinton's Civil Rights Record, 1993-2001" (significant civil rights issues of the Clinton administration, including diversity in the federal government, environmental justice, fair housing, equal educational opportunity, equal access to health care, the impact of welfare reform on women and minorities, and voting rights); and (4)"Lessons Learned." Overall, the Clinton administration transformed federal civil rights enforcement and policy efforts in many important ways but ultimately failed to develop or execute effective policies in several key areas relating to civil rights enforcement. Three appendixes present a civil rights timeline, 1990-00; executive orders relating to civil rights, 1994-00; and Clinton's recommendations for building one America. (SM) Reproductions supplied by EDRS are the best that can be made from the original document. Sedge .to Ome Amerct'izz. The CMIl Rtzhto 11 Delilemonce o' the ClInton Admffnfistiraterrll A Report of ql:fie Unfited Slates Conmftealon on Cllvfill Rtifits Aped] 20011 U.S. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement ED CATIONAL RESOURCES INFORMATION CENTER (ERIC) This document has been reproduced as received from the person or organization Cr) originating it. 0 Minor changes have been made to BESTCOPYAVAIIIABLE improve reproduction quality. 2 ° Points of view or opinions stated in this document do not necessarily represent official OERI position or policy. Commission on CM0 Rights The U.S. Commission on Civil Rights is an independent, bipartisan agency first established by Congress in 1957 and reestablished in 1983. It is directed to: O Investigate complaints alleging that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, disability, or national origin, orby reason of fraudulent practices. O Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution because of race, color; religion, sex, age, disability, or national origin, or in the administration of justice. O Appraise Federal laws and policies with respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin. O Submit reports, fmdings, and recommendations to the President and Congress. O Issue public service announcements to discourage discrimination or denial of equal protection of the laws. Members of the Cornmisson Mary-Frances Berry, Chairperson Cruz Reynoso, Vice Chairperson Christopher Ed ley, Jr. Yvonne y. Lee Elsie M. Meeks Russell G. Redenbaugh Abigail Thernstrom Victoria Wilson Les Jin, Staff Director U.S. Commission on Civil Rights 624 Ninth Street, NW Washington, DC 20425 (202) 376-8128 voice (202) 376-8116 TTY www.usccr.gov This report is available on diskette in ASCII and WordPerfect 5.1 for persons with visual impairments. Please call (202) 376-8110. A Bridge to One America: The Civil Rights Performance of the Clinton Administration 4 Acknowledgements This report was prepared under the direction and supervision of Terri A. Dickerson, assis- tant staff director for civil rights evaluation. The report was written by Rebecca S. Kraus,* senior social scientist, and David R. Chambers,* senior civil rights analyst. Margaret Butler, civil rights analyst; Monique Dennis, civil rights analyst; Sheldon Fuller, intern; Wanda Johnson, civil rights analyst; Nora Nikolopoulou, intern; Kirk Perry, civil rights analyst; Ei- leen Rudert, social scientist; Ilona Turner, civil rights assistant; Vanessa Williamson, library technician; and Auliya Yasuda, intern, also made significant contributions to the research for this report. The legal review was performed by Joyce A. Smith. Editorial review was provided by Philip Montez, Marc D. Pentino, and Vanessa Williamson. Dawn Sweet, editor, assisted with the final production and editing of this report. * Former Commission employee. Contents Executive Summary 1. Introduction: The Clinton Presidency in Perspective 1 The Civil Rights Landscape 1 The Pre-Clinton Civil Rights Era 2 Civil Rights Themes of the Clinton Administration 4 Continuing Relevance of the Fight for Civil Rights 5 Methodology 6 2. Background: A Decade of Turmoil and Change 7 Key Civil Rights Laws, Judicial Decisions, and Agency Enforcement in the 1990s 7 Growing Racial and Ethnic Tensions during the Clinton Administration 8 Hate Crimes 9 Racial Profiling 10 Police Misconduct 10 Disparities in Capital Punishment 11 Socioeconomic Disparities in the 1990s 13 Education 13 Unemployment 14 Poverty 14 Mortality 15 Demographic Change in the 1990s and Beyond 15 3. An Evaluation of President Clinton's Civil Rights Record, 1993-2001 17 Introduction 17 Significant Civil Rights Issues of the Clinton Administration 18 Diversity in the Federal Government 18 Political and Judicial Nominees and Appointees 18 Executive Branch and Cabinet-Level Positions 20 Federal Judiciary 21 Federally Assisted and Conducted Programs 23 Title VI and Title IX 23 Federally Conducted Education and Training Programs 25 Persons with Limited English Proficiency 25 Asian Americans and Pacific Islanders Initiative 26 Equal Opportunity in Federal Employment 27 Funding for Civil Rights Agencies 30 Discrimination on the Basis of Sex and Sexual Orientation in the Military 32 Discrimination on the Basis of Sexual Orientation 32 Sexual Harassment 34 Environmental Justice 34 Fair Housing 36 Federal Protection for Indigenous Rights 37 Native Hawaiians and Other Pacific Islanders 37 American Indians and Alaska Natives 38 USDA and Minority Farmers 39 Equal Educational Opportunity 41 Fair Employment in the Private Sector 44 Equal Access to Health Care 46 The Impact of Welfare Reform on Women and Minorities 47 Ensuring Civil Rights Protections for Immigrants 49 Immigration Legislation 49 Violence and Exploitation 51 The Immigration and Naturalization Service 52 Voting Rights 53 Administration of Justice with Regard to Sex, Race, and Ethnicity 55 The War on Drugs 56 Racial Profiling 57 Hate Crimes 57 Police Misconduct 58 Disparities in Capital Punishment 60 Domestic Violence 61 Broad-Based Civil Rights Issues and Initiatives 63 The President's Initiative on Race 63 Census 2000 65 The Use of Sampling 65 Racial Categories 66 Affirmative Action 67 Adarand Constructors, Inc. v. Pella 69 Additional Challenges to Affirmative Action 70 Disparate Impact Discrimination 71 4. Lessons Learned 72 Statements Commissioners Abigail Thernstrom and Russell G. Redenbaugh 74 Editor's Note 75 Appendices A Civil Rights Timeline, 1990-2000 76 B Executive Orders Relating to Civil Rights, 1994-2000 79 C President Clinton's Recommendations for Building One America 81 Figures 2-1 Percent of Prisoners under Sentence of Death by Race, 1970-2000 12 2-2 Unemployment Rate by Race and Ethnicity, 1980-1988 14 3-1Civil Rights Funding, 1994-2001 31 Tables 2-1 Death Sentences for Murder Case by Race, 1997 13 2-2 Percent Distribution of the Resident Population by Hispanic Origin Status, 1980 and 1990 and Projections 2000 and 2050 16 3-1 Number of Minorities Appointed to Cabinet Positions 20 iv Executive Summary The transition from one presidential administration to a new one provides an opportune moment to reflect upon the civil rights successes and failures of the departing administration and to provide recommendations to its successor. In its long history, the U.S. Commission on Civil Rights has issued many reports focusing on the progress made in federal civil rights law enforcement and policy development. This report does so in the context of assessing the civil rights record of a particular presidential administration, that of President
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