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THE COLOR OF MARGINALIZATION: PAINTING THE PICTURE OF RACE AND PUBLIC POLICY IN AMERICAN STATES Nakeina Erika Douglas Dissertation submitted to the Faculty of the Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Public Administration/ Public Affairs Susan T. Gooden, Chair Beverly Bunch-Lyons Karen Hult Terry Kershaw Gary Wamsley November 18, 2005 Blacksburg, Virginia Key words: Institutions, Race, Critical Race Theory, Public Policy, Felony Voting, Unemployment Insurance, State Children’s Health Insurance Program (SCHIP) THE COLOR OF MARGINALIZATION: PAINTING THE PICTURE OF RACE AND PUBLIC POLICY IN AMERICAN STATES Nakeina Erika Douglas ABSTRACT Building on the conceptual lens of Hero and Tolbert (1999), this study examines differences between policy restrictiveness in states with high minority populations and states with low minority populations for three policies areas: felony voting policies, Unemployment Insurance (UI) and the State Children’s Health Insurance Program (SCHIP). This study examines whether states with minority populations greater than the national average have public policies that are more restrictive than states with minority populations at or below their national average and the patterns that emerged. Overall, I found higher levels of restrictive policies for states with high minority populations in the instances of felony voting policies and the Unemployment Insurance program. The findings imply a need for accountability and uniformity from the state to improve the outcomes for racial and ethnic minorities. Dedication This dissertation is dedicated to my mother. iii Acknowledgements Completion of this dissertation marks the conclusion of a number of accomplishments. I came to Blacksburg 10 years ago as an undergraduate and leave today with my Ph.D. During this time, I have been surrounded by people who have touched my life in many ways. As I complete this chapter and turn the page to a new one, I am forever grateful to everyone, I have met along the way. To the members of my dissertation committee, Beverly Bunch-Lyons, Susan T. Gooden, Karen Hult, Terry Kershaw and Gary Wamsley thank you for your guidance and support of my research. It is reassuring to be able to develop work that you are passionate about and have the support of your committee. To my dissertation chair, Susan Gooden, you have been a wonderful supervisor, advisor and friend. You are an inspiration to me personally and professionally. I am forever grateful for your endless efforts on my behalf. Working with you has far exceeded the expectations that I had when I decided to come back to Tech for my Ph.D. Beverly Bunch-Lyons, thank you for the daily vote of confidence and encouraging me to get the job done. Thank you for your personal anecdotes and early morning pep talks that rallied me toward completing the daily tasks. Karen Hult, thank you for your encouragement. It is refreshing to find faculty who support and value the work that you do. Thank you for helping see things from context that I had not considered. Terry Kershaw, thank you for your encouragement and support as I completed this journey. Gary Wamsley, thank you for insisting on nothing less than my best. It took me a while to come around but I am grateful for the nudge. Appreciation is extended to the faculty at the Center for Public Administration and Policy for an invaluable experience and an irreplaceable education. I also extend my appreciation to the faculty and staff at the Race and Social Policy Research Center- for you continued academic and professional support. I am forever grateful to MAOP, Dr. Grayson, Dr. Sanders and the MAOP family who provided not only financial support for my studies, but also familial support. Richard Shingles thank you for being a mentor. When I entered your classroom as a sophomore, you ignited a fire under me that continues to burn today. You provided me with inspiration and guidance and challenged me to think critically about issues of race and ethnicity. Susan Lynn White Perry, My mirror image-- our lives are completely parallel yet so different in many ways. We have embarked on this journey together from start to finish. Thank you for your love, patience and support. Thank you for being there through the ups and the downs, the laughter and the tears the fun and the dread. Getting through would not have been easy without you. I am fortunate to have shared this experience with you. Whatever strings the universe pulled to bring us together I am grateful. Brandy Faulkner, you have been an inspiration, at times when I thought I might be too radical you let me know that I was not radical enough. Thank you for the late night comedy sessions and the mid afternoon instructions. Keep up the fight and know that we will always be sisters in the struggle against injustice. iv Thank you to my colleagues, Kim Eagle, Wanxin Li, Tammy Trimble and Bethany Stich. Raquel Becerra—instructor, colleague, supervisor, friend—you have touched my life in so many ways. Darrell Hairston, thank you for being there to offer your friendship and support in navigating this process. My appreciation is also extended to Angela King, Brinda Ross-Myatt, Missy Graham and Rhea Epstein who have assisted me throughout the years with last minute administrative emergencies. Gratitude is also extended to Sherell M. Fuller for your editing services. Tekisha D. Everette, thank you for your editing services and your willingness to take a few moments to help me make sense of this crazy world. Mark, thank you for your willingness to participant in this endeavor. I am forever grateful for your support of this accomplishment. Your endless encouragement, motivation and love kept me strong when I could not be on my own. Thank you for believing in me even in times when I was not sure that I believed in myself. Markus, although not completely understanding or knowing why Miss Kena wanted to undertake such an endeavor, thank you for your understanding and patience when I had to do more work. To my mother, Gale Douglas, and my brothers, Brandon and Anthony, thank you for your love and support and your undying faith in me. Mom, I am forever grateful for your support of this accomplishment. Thank you for instilling in me the importance of education at an early age and setting a high standard of success. Finally, I thank God for the strength and the determination to begin and finish this task. v CHAPTER ONE: INTRODUCTION 2 Introduction 2 Statement Of The Problem 4 Challenging Race 6 Noticing Race 11 Context 13 Theoretical Framework: Critical Race Theory 16 Significance 17 Overview of Subsequent Sections 18 CHAPTER TWO: LITERATURE REVIEW 20 Introduction 21 Institutional Racism 22 Theoretical Foundations Of Institutional Racism 23 Empirical Evidence 35 Comparative State Policy Analysis 43 The History of Race Legislation 48 Devolution- Cause for Concern 55 Implications 63 CHAPTER THREE: METHODOLOGY 66 Introduction 67 Research Question 67 Method 69 Secondary Data Analysis 69 Unit Of Analysis 71 Data Collection And Processes 71 Data Sources 72 The Sentencing Project 72 The Department Of Labor 72 The Department Of Health And Human Services 73 U.S. Census 73 Examination of Race and Ethnicity Data by State 74 Analysis of Policy Data by State 82 Convergence of Race and Policy 83 Limitations of Methodological Approach 83 Conclusion 85 vi CHAPTER FOUR: FELONY VOTING 87 Introduction 87 The Historical Relationship between Race and Voting 90 Contemporary Issues 92 Assessing Restrictiveness 96 Summary 103 CHAPTER FIVE: UNEMPLOYMENT COMPENSATION 104 Introduction 105 The History of State Unemployment Insurance 107 Social Security Act and Race 109 Qualifying For Unemployment Compensation Coverage 112 Eligibility Requirements 114 Benefits 116 Assessing the Restrictiveness 119 Understanding the Racial Impact 122 Summary 127 CHAPTER SIX: STATE SPONSORED HEALTH INSURANCE FOR CHILDREN 128 Introduction 129 Understanding Medicaid and SCHIP 130 Six Measures of State Insurance Programs 133 Assessing the Restrictiveness 143 Summary 147 CHAPTER SEVEN: SUMMARY AND CONCLUSION 148 Introduction 149 Connection Between Race And Public Policy 149 Key Insights 149 Patterns Among States 150 Critical Race Theory 153 Institutional Racism 155 Adding It All Up 156 Prescriptions For The Future 159 Conclusion 165 vii APPENDICES 167 Appendix A: Census Issues and Race 168 Appendix B: Supplemental Policy Tables 173 REFERENCES 179 VITA 204 viii LIST OF TABLES AND FIGURES Figure 1 Definition of Racism 27 Figure 2 Through a Telescope Widely—Model for Analysis of Racism 29 Table 1 Race and Ethnic Population by State 76 Box 1 Defining High and Low States 77 Table 2 High Race and Ethnic Population by State 79 Table 3 Low Race and Ethnic Population By State 81 Box 2 Defining Restrictive and Non-Restrictive States 82 Table 4 Categories of Felony Voting Restrictions by State 89 Table 5 Felony Voting Policy Restrictions By State 97 Table 6 High and Low Race and Ethnic States with Restrictive Felony Voting 102 Policies Box 3 Primary functions under the Unemployment Compensation Program 107 Table 7 Selected Unemployment Insurance Program Policies by State 118 Table 8 Unemployment Insurance Program Restrictions By State 121 Table 9 High and Low Race and Ethnic States with Restrictive Unemployment 126 Insurance Program Policies Table 10 Selected State Children's Health Insurance Program Policies by State 134 Table 11 State Children’s Health Insurance Program Restrictions By State 141 Table 12 High and Low Race and Ethnic States with Restrictive SCHIP Policies 146 Table 13 Overall Policy Restrictiveness: State Rankings 154 ix CHAPTER ONE INTRODUCTION 1 CHAPTER ONE: INTRODUCTION Over the last 20 years, studies on social inequality have moved towards minimizing the significance of race.