Affirmative Action: A Legal and Ethical Examination

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Affirmative action is “the practice of improving the educational and job opportunities of members of groups that have not been treated fairly in the past because of their” race or sex (“Affirmative Action”). No one can argue that inequality is evident in today’s society, although there are both intelligent and unintelligent ways of solving it. Affirmative action, for instance, creates a separate scholarship for certain races, which is the definition of a racial barrier. In addition, it breaks governmental laws and negatively impacts both minorities and majorities. Affirmative action’s end goal, diversity in colleges, cannot justify the means that are necessary to achieve it.
First of all, affirmative action is legally wrong. The Civil Rights Act of 1964 was passed to eliminate discrimination based on race, color, religion, or national origin (The Civil Rights Act of 1964, Sec. 202). Affirmative action ignores this by using race as a factor in college applications. This creates discrimination toward the majority group of America on the basis of race. In addition, the Fourteenth Amendment states that no “state [has the right to] deprive any person of life, liberty, or property, without [the] due process of law” (U.S. Constitution, Amend. XIV, Sec. 1). By using race as a factor to take away education from some majorities, …show more content…

Majorities are not simply given admission to colleges. They must work just as hard as minorities to develop as students and prepare themselves for the future. Sometimes, they are not accepted into college simply because they are a majority race, even if they are more qualified than a minority student who is accepted. Race should not be used as a factor in applications, because “students—minority or otherwise—do not automatically benefit from attending a school that they enter with academic qualifications well below the median level of their classmates”

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