Extent of affirmative action violating the equal protection clause Essay

Extent of affirmative action violating the equal protection clause Essay

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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...


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...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.

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