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influence of us affirmative action
arguments in favor and against affirmative action
implications of equal protection
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Debate has been firm, and there has been major controversy surrounding affirmative action since its introduction. Affirmative action was first established by President John F. Kennedy on March 6, 1961(WM. Bradford Reynolds,1992,p.39). Controversy surrounding affirmative action is due to its questioning of constitutionality. Affirmative action conflicts with the equal protection clause. The debate is whether Affirmative action (provides opportunities to excluded groups over other groups) conflicts with the equal protection clause (requires all individuals to be treated equally under the law in the same jurisdiction). During the civil rights movement affirmative action was created to provide opportunities to excluded minority groups. There is debate in the constitutionality of affirmative action for its possible confliction between the equal protection clause of the fourteenth amendment. Both sides argue on different implications and reasons for its constitutionality. Amongst the various issues of affirmative action violating the equal protection clause the most notable issues are in education and employment. Affirmative action interferes and benefits both the education and employment system of the United States. The issues that are presented are various in results because of the complexity of defining the constitutionality of affirmative action as it possibly violates the equal protection clause. Affirmative action is a policy that dictates that any organization under the jurisdiction of the United States must enforce and engage in improving opportunities for minorities and excluded groups, regardless of race, sex, creed, color, or national origin(WM. Bradford Reynolds,1992,p.39). The constitutionality of affirmative action is a... ... middle of paper ... ...l of American Studies, Vol 2, Issue 2 (Fall 2013) Alexander, L. (1998). Affirmative action and legislative purpose. Yale Law Journal, 107(8), 2679. Maltz, Leora. Affirmative Action. Farmington Hills, MI: Greenhaven, 2005. Print. Nieli, Russell. Racial Preference and Racial Justice: The New Affirmative Action Controversy. Washington, D.C.: Ethics and Public Policy Center, 1991. Print. Suthammanont, V. (2005). JUDICIAL NOTICE: HOW JUDICIAL BIAS IMPACTS THE UNEQUAL APPLICATION OF EQUAL PROTECTION PRINCIPLES IN AFFIRMATIVE ACTION CASES. New York Law School Law Review,49(4), 1173-1230. Affirmative Action: Past, Present, and Future Peter H. Schuck Yale Law & Policy Review , Vol. 20, No. 1 (2002), pp. 1-96 Published by: Yale Law & Policy Review, Inc. "Affirmative Action: Overview." Affirmative Action: Overview. N.p., n.d. Web. 30 Nov. 2013. Web.
3.The term Affirmative action has played a huge role in the past one hundred years of American politics. It is simply defined as an action or policy favoring those who tend to suffer. Civil Rights of American citizens have drastically changed because of Affirmative action. With almost anything in politics, there is a debate for and against Affirmative action. Supporters of this say that this helps encourage e...
The Affirmative Action Law was formed as a solution to the long history of animosity towards minorities, and to eradicate the segregation between minorities and majorities. The program certainly aided many of disadvantage people living in the United States. The Affirmative Action encouraged many individuals, particularly, women, and group of people that belongs to different ethnic groups to have hopes and dreams due to the fair chance that were being given by the program. However, even though the Affirmative Action Law’s aim is to provide equal human rights for all the citizens of the United States, there will always be a group of people who will oppose, because each individuals’ have different notion and needs.
Brown, D. (2012). An invitation to profile: Arizona v. united states. International Journal of Discrimination and the Law, 12(2), 117-127.
Affirmative action, the act of giving preference to an individual for hiring or academic admission based on the race and/or gender of the individual has remained a controversial issue since its inception decades ago. Realizing its past mistake of discriminating against African Americans, women, and other minority groups; the state has legalized and demanded institutions to practice what many has now consider as reverse discrimination. “Victims” of reverse discrimination in college admissions have commonly complained that they were unfairly rejected admission due to their race. They claimed that because colleges wanted to promote diversity, the colleges will often prefer to accept applicants of another race who had significantly lower test scores and merit than the “victims”. In “Discrimination and Disidentification: The Fair-Start Defense of Affirmative Action”, Kenneth Himma responded to these criticisms by proposing to limit affirmative action to actions that negate unfair competitive advantages of white males established by institutions (Himma 277 L. Col.). Himma’s views were quickly challenged by his peers as Lisa Newton stated in “A Fair Defense of a False Start: A Reply to Kenneth Himma” that among other rationales, the Fair-Start Defense based on race and gender is a faulty justification for affirmative action (Newton 146 L. Col.). This paper will also argue that the Fair-Start Defense based on race and gender is a faulty justification for affirmative action because it cannot be fairly applied in the United States of America today. However, affirmative action should still be allowed and reserved for individuals whom the state unfairly discriminates today.
Over the past 15 years tremendous awareness has been raised around this and programs of preferential treatment emerged. These programs ensured equal rights for people of color and females in the work place, allowing for them to apply for executive level positions and earn the same amount of money, benefits, and prestige as a white male ensuring equality for all race and sex. Lisa Newton argues that, “reverse discrimination does not advance but actually undermines equality because it violates the concept of equal justice under law for all citizens. In addition, to this theoretical objection to reverse discrimination, Newton opposes it because she believes it raises insoluble problems.” Among them are determining what groups have been sufficiently discriminated against in the past to deserve preferred treatment in the present and determining the degree of reverse discrimination that will be compensatory. Newton outlines the importance of ensuring her argument is recognized as logically distinct from the condition of justice in the political sense. She begins her argument for reverse discrimination as unjustified by addressing the “simple justice” claim requiring that we favor women and blacks in employment and education opportunities. Since women and blacks were unjustly excluded from such opportunities for so many years in the not so distant past, however when employers and schools favor women and blacks, the same injustice is done. This reverse discrimination violates the public equality which defines citizenship and destroys the rule of law for the areas in which these favors are granted. To the extent that we adopt a program of discrimination, reverse or otherwise, justice in the political sense is destroyed, and none of us, specifically affected or no is a citizen, as bearers of rights we are all petitioners
We all have heard regarding the controversial arguments and debates regarding whether affirmative action is valid under U.S. Constitution. Before discussing whether to support or refute affirmative action, there is a need for all of us to know what affirmative action really is. By definition, affirmative action policies are those institutions and organizations vigorously engages in an effort work of improving the lives of minorities in the United States (NCSL). This means that institutions attempt to find ways to provide groups that have been historically excluded from American society equal accesses to public necessities such as education, salary pay, and so forth. To me, the application of the affirmative action in the society we live in clearly violates the Fourteenth Amendment, which forbids authorities to “deny...any person within its jurisdiction the equal protection of the laws” (The Library of Congress). Throughout this research paper we will go into details and explain four reasons why affirmative action violates the Fourteenth Amendments and should be unconstitutional. These reasons are as follows: the development of reverse discrimination, the creation of stigma against women and minorities, the buildup of racial tension, and the fact of attempting to solve a racial problem that no longer exist.
Wolfe, Alan. "Most Americans Want to Revise Affirmative Action." Opposing Viewpoints: Interracial America. Ed. Mary E. Williams. San Diego: Greenhaven Press, 2001. Opposing Viewpoints Resource Center. Gale. HAYFIELD SECONDARY SCHOOL. 5 Sep. 2009 .
Connerly, Ward. "My Fight Against Race Preferences: A Quest Toward `Creating Equal'." Chronicle of Higher Education 46.27 (2000): B6. Academic Search Premier. EBSCO. Web. 17 Aug. 2011.
According to the Encyclopædia Britannica, affirmative action is “an active effort to improve employment or educational opportunities for members of minority groups and women.” However, despite its well-intentioned policies, it has been the source of much controversy over the years. Barbara Scott and Mary Ann Schwartz mention that “proponents of affirmative action argue that given that racism and discrimination are systemic problems, their solutions require institutional remedies such as those offered by affirmative action legislation” (298). Also, even though racism is no longer direct, indirect forms still exist in society and affirmative action helps direct. On the other hand, opponents to affirm...
Subconscious prejudices, self-segregation, political correctness, reverse discrimination, and ignorance all wade in the pool of opinions surrounding affirmative action and racial animosity. With racial tensions ever present in this country, one might question whether the problems can be solved by affirmative action.
Affirmative action started in the 1960’s as a way to end discrimination against African American and later all minorities - including women. By migrating people of all color into workplaces and colleges/universities seemed to be the suitable solution to diversify our nation. Although blacks had been freed for a 100 years, they continually struggled with segregation. The Civil Rights Act of 1964 banned the segregation of all sort in the United States, however that was not enough. Congress mandated the affirmative action program as a plan of desegregation. In 1961, President John F. Kennedy made reference to this plan, but it was not until September 1965 that it was enforced by President Lyndon Johnson. The program affected federal jobs, to include federal contracting company, and universities. In order to receive federal funding, each entity had to hire and enroll minorities. Affirmative action was a good jump start to get our nation to where it is today. However, affirmative action should not be continued because it is a form of discrimination, it is more harmful than helpful, and it supplements race or gender for one’s qualification.
Pojman, Louis P. "The Case Against Affirmative Action." Csus.edu. N.p., n.d. Web. 19 Apr. 2014.
The issue of affirmative action has been a controversial one since its inception. The law was developed during the 1960’s as a result of the civil rights movement and the need to address injustices committed against minorities throughout the United States history. There were multiple attempts to correct the inequities between the majority and the various minorities including the 13, 14 and 15th Amendments. The Civil Rights Act of 1964 allowed for the creation of the Equal Employment Opportunity Commission (EEOC) to create rules to end discrimination. Affirmative action came into being with the executive order 11246 issued by President Johnson. The Civil Rights Act and President Johnson’s executive order have been updated throughout the years to address gender, disabilities, age and other characteristics that could be considered discriminatory.
Affirmative Action is defined as an active effort to improve the employment or educational opportunities of members of minority groups and woman (Merriam-Webster). Recently a landmark decision on a regarding affirmative action has being in the forefront; Grutter v. Bollinger was a case in which the United States Supreme Court banned the affirmative action admissions policy of the University of Michigan Law School. A white law school candidate in 1997 with a GPA of 3.8 trials the University of Michigan Law School use of race being the reason in the admissions process due to being denied as a student at Michigan Law. The decision in this court case was the University of Michigan Law School admissions program that gave special consideration for being a certain racial minority did not violate the Fourteenth Amendment.
Affirmative action or positive discrimination can be defined as providing advantages for people of a minority group who are seen to have traditionally been discriminated against. This consists of preferential access to education, employment, health care, or social welfare. In employment, affirmative action may also be known as employment equity. Affirmative action requires that institutions increase hiring and promotion of candidates of mandated groups. (Rubenfeld, 1997, p. 429)