Affirmative Action Violates Constitutional Rights

Affirmative Action Violates Constitutional Rights

In 2003, the United States Supreme Court will hear two affirmative action cases. Each is dealing with the actions of the admissions office of the University of Michigan. The cases, Gratz v. Bollinger and Grutter v. Bollinger, have been called "this generation's Brown v. Board of Education." (Montoya.) These cases have much hanging in their mists, "The outcome of … affirmative action cases will determine whether our society moves forward towards greater equality or backwards to resegregation [sic] and greater inequality"("New…"). Affirmative action which is, as defined by Webster's II New College Dictionary, "A policy or program that seeks to redress past discrimination by increasing opportunities for underrepresented groups, as in employment." Affirmative action not only increases opportunities for women and minorities it decreases opportunities for white men.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

- Amendment XIV, section one

The U.S. Constitution is clear, the privileges and immunities will not be decreased, and states can not deny any person in its jurisdiction equality. Affirmative action lessens the immunities of white men; they are no longer guaranteed an "equal opportunity employer." White men who are in the jurisdiction of the United States are denied equality. This is proved by the fact that qualifications are not the top reason for whom is hired, instead the main reason white men are turned down, when ...

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Stephanopoulos, George, and Christopher Edley, Jr. "OTHER FEDERAL POLICIES: THE FCC AND THE DEPARTMENTS OF TREASURY AND AGRICULTURE." Affirmative Action Review Report to the President. 19 July 1995. 16 Dec. 2002 <http://clinton2.nara.gov/WH/EOP/OP/html/aa/aa11.html>

Stephanopoulos, George, and Christopher Edley, Jr. "Letter to the President." Affirmative Action Review Report to the President. 19 July 1995. 16 Dec. 2002 <http://clinton2.nara.gov/WH/EOP/OP/html/aa/aa-lett.html>

United States. Department of Justice. "MEMORANDUM TO GENERAL COUNSELS." Washington, D.C: Office of Legal Counsel. 28 June 1995. <http://clinton2.nara.gov/WH/EOP/OP/html/aa/ap-b.html>

United States. The U.S. Equal Employment Opportunity Commission. "The Civil Rights Act of 1964." 15 Jan. 1997 <http://www.eeoc.gov/laws/vii.html>