Throughout history, laws and rulings have been enacted to help eradicate discrimination based on religion, sex, age, and race. For example, the thirteenth amendment made slavery illegal. The Fourteenth amendment guarantees equal protection under the law despite race. The Fifteenth amendment made it illegal to deny a person the right to vote based on race. Moreover, one of the most important equal rights rulings comes from the case Brown v. Board of education, which makes segregation in schools illegal. However, to ensure that equal opportunity, even beyond that of the thirteenth, fourteenth, and fifteenth amendments and Brown v. Board of education, affirmative action was set in place. President John F. Kennedy first used affirmative action in a 1961 executive order, which requested equal opportunity and treatment in places of employment. President Lyndon Johnson later extended the executive order to include women (Skyes). The purpose of affirmative action is to make sure equal opportunity is given to minorities and women in jobs, and schools. However, affirmative action is controversial. Many organizations support affirmative action and feel it is necessary. Conversely, many organizations oppose affirmative action and feel it should be abolished. Supporters and rejecters of affirmative action use different strategies to support their opinions, however the supports of affirmative action groups make a stronger argument.
Reasons for supporting Affirmative action
Many of those who support affirmative action believe without affirmative action, schools and jobs would not be diverse and without affirmative action, diversity would not naturally occur; therefore, to ensure equal opportunity for all, affirmative action needs to be im...
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...e argued that many African Americans had been admitted that were less qualified then he. He argued that he was denied admission based on his race and this was a violation of his fourteenth amendment right. The supreme court ruled in favor of Bakke. From this case the supreme court ruled that it was illegal to hold special admissions for students and that race could not be a soul determinate in admission. However, in a competitive process, race could help determine admission.
Works Cited
Lawrence, Charles. “Columbia Law Review.” Two views of the River: A Critique of the Liberal Defense of Affirmative Action 101( 2001): 928-74. JSTOR. Web. 13 Jul 2011.
Regents of University of California v. Bakke. No. 76-811. Supreme Ct. of the US. 28 June 1978.
Sykes, Marquita. “The Origins of Affirmative Action.” National Organization for Women. 1995.Web. 13 Jul 2011.
In the 1954 court ruling of Brown v. Board of Education, the Supreme Court ruled that segregation of schools was unconstitutional and violated the Fourteenth Amendment (Justia, n.d.). During the discussion, the separate but equal ruling in 1896 from Plessy v. Ferguson was found to cause black students to feel inferior because white schools were the superior of the two. Furthermore, the ruling states that black students missed out on opportunities that could be provided under a system of desegregation (Justia, n.d.). So the process of classification and how to balance schools according to race began to take place.
The name of this case and the specific facts, however, were unavailable at this time.9 Obviously affirmative action and reverse discrimination are still heavily debated issues. This is because they affect all people of all races and ethnicities. Conclusion Allan Bakke was denied his fourteenth amendment right to equal protection of the laws. In addition the University of California at Davis violated Title IV of the 1964 Civil Rights Act. By order of the Supreme Court Bakke was admitted and th e numerical quotas of the special admissions program were deemed unconstitutional. Justice was served to Bakke, but future generations who are not minorities may be plagued by the other half of the decision: That race may still be used as a "plus" on an application.
Evaluation. In this particular case, the justices continued to follow the trend of other cases that questioned the equal protection clause before it. The court admitted Sweatt to the University of Texas law school because of unequal opportunities in the Negro facility. This case drew closer to ridding the nation of " separate but equal,"sated in the 14th amendment.
When Bakke applied again in 1974 he was once again rejected. This time Bakke sued the University of California. His position was that the school had excluded him on the basis of his race and violated his rights under the Equal Protection Clause of the Fourteenth Amendment, the California Constitution, and civil rights legislation. The trial court ruled in Bakke's favor, however they did not order the University of California to admit him. Bakke appealed to the California Supreme Court where they ruled that the school's admissions programs were unconstitutional and ordered the school to admit Bakke as a student.
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...
Discrimination is still a chronic global issue, and drastic inequalities still exist at the present time. Thus, the Affirmative Action Law is an important tool to many minorities most especially to women, and people of color, for the reason that this program provides an equality on educational, and professional opportunities for every qualified individual living in the United States. Without this program, a higher education would have been impossible for a “minority students” to attain. Additionally, without the Affirmative Action, a fair opportunity to have a higher-level career...
...urt ordered the university to stop enforcing its quota system, but the university appealed to the Supreme Court. The Supreme Court reviewed this case in 1978.
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.
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.
Today there is considerable disagreement in the country over Affirmative Action with the American people. MSNBC reported a record low in support for Affirmative Action with 45% in support and 45% opposing (Muller, 2013). The affirmative action programs have afforded all genders and races, exempting white males, a sense of optimism and an avenue to get the opportunities they normally would not be eligible for. This advantage includes admission in colleges or hiring preferences with public and private jobs; although Affirmative Action has never required quotas the government has initiated a benefits program for the schools and companies that elect to be diversified. The advantages that are received by the minorities’ only take into account skin color, gender, disability, etc., are what is recognized as discriminatory factors. What is viewed as racism to the majority is that there ar...
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Throughout the 1950s, the NAACP with the help of Charles Hamilton Houston and Thurgood Marshall pursued lawsuits against the “separate but equal” policy instated by the Plessy v. Ferguson case. For years, colleges and universities in which there was no African American counterpart avoided court orders to admit black students by hastily setting up “equal” counterparts. But in 1950, the Supreme Court ordered that a black student be admitted to the University of Texas Law School, despite the fact that the state “…had established a “school” for him in the basement” (Foner 953). The court declared that there was no way that this “school” was equal, and demanded that the student be admitted to the law school, sparking an era that called for desegregation. Later, in 1954, a landmark decision came from the Supreme Court as a result of the Brown v. BOE case. In the early 1950s, a man named Oliver Brown went to court to fight that fact that his daughter “…was forced to walk across dangerous railroad tracks each morning rather than being allowed to attend a nearby school restricted to whites” (Foner 953). The case made it all the way to the Supreme Court, and on May 17, 1954, the court declared that “Segregation in public education…violated the equal protection of the laws guaranteed by the Fourteenth Amendment” (Foner 954), arguing that the
Affirmative action policies were created to help level the playing field in American society. Supporters claim that these plans eliminate economic and social disparities to minorities, yet in doing so, they’ve only created more inequalities. Whites and Asians in poverty receive little to none of the opportunities provided to minorities of the same economic background (Messerli). The burden of equity has been placed upon those who were not fortunate enough to meet a certain school’s idea of “diversity” (Andre, Velasquez, and Mazur). The sole reason for a college’s selectivity is to determine whether or not a student has the credentials to attend that school....