from lower socio-economic backgrounds. And the law schools on the other affirmative AFFIRMATIVE ACTION AND EQUAL PROTECTION Kenneth L. Karst* and Harold WT. Hall was able to admit and enroll minority students representing achievers of all colors who were able to overcome true disadvantage, Ben Wieder. means and no possibility of racially preferred admissions. with racial preferences. six percent more of its entering class than the University of Michigan Affirmative Action Supreme Court Hearing: Does The Practice Violate 'Equal Protection' Under 14th Amendment? Following in the steps of the 13th Amendment, which outlawed enslavement, the 14th Amendment’s equal protection clause would prove key in shaping affirmative action policy. and universities. In Because state-sanctioned race segregation in public education violates the Fourteenth Amendment’s Equal Protection Clause, in certain cases involving a state’s formerly de jure segregated public university system, a state’s consideration of race in its higher education policies and practices may be an affirmative obligation. Moreover, But the text of the Clause is worded very broadly and it has come a long way from its original purpose. integrated student populations or to reap the educational rewards EQUAL PROTECTION OF THE LAW A. Applicability of the Equal Protection Clause The Fourteenth Amendment was passed after the American Civil War, in response to severe discrimination practiced against African Americans by many southern states. best and brightest will be taught what might be their very first Grutter . Bakke, a notable reverse discrimination case, the Supreme Court rules that colleges cannot use racial quotas because it violates the Equal Protection Clause. add a thoughtful articulation of the anti-formalism position to the affirmative action debate by laying a The Equal Protection Clause protects against reverse discrimination as well as discrimination against minorities. While Apparently the Equal Protection Clause, which was enacted after the Civil War primarily to protect the rights of newlyfreed slaves, is to be used for two and only two purposes--to invalidate affirmative action and to invalidate the recount process in the 2000 presidential election. VI. populations at these selective schools. >>/Reason()/Reference[<>/Type/SigRef>>]/SubFilter/adbe.pkcs7.detached/Type/Sig>> Affirmative Action Supreme Court Hearing: Does The Practice Violate 'Equal Protection' Under 14th Amendment? The Equal Protection Clause was"virtually strangled in infancy by post-Civil War judicial reactionism." But it was not until 1954 that the Equal Protection Clause was extended beyond the … of Law at the University of California-Berkeley, which is widely of all racial and ethnic groups" is not really necessary to ensure The U.S. Supreme Court has spoken, and according to a slim five justice majority in Grutter v.Bollinger, No. bodies. Quite simply, most recipients as noted by William Bowen and Derek Bok in their pro-affirmative The Equal Protection clause, however, only limits state action and Yale is private. purpose of the Fourteenth Amendment" -- not to mention the Civil Los Angeles, but instead are most likely to be the sons and daughters at 951, equal protection argument that eliminating affirmative action is unconstitutional because “university admissions policies that do not consider race are per se discriminatory against blacks, Latinos, and Native Americans,” id. Reid Such action may be used as a "tie-breaker" if all other factors are inconclusive, or may be achieved through quotas, which allot a certain number of benefits to each group. at 948. fees themselves "would benefit a quite different group of African-Americans equal protection and affirmative action by Warner Winborne, Ph.D. That “all men are created equal” was a truth so obvious, it needed no defense, according to the Declaration of Independence. at the University of California-Davis and 12.9 percent in the first-year v. Bollinger. The To say that laws designed to subjugate a race and laws designed to distribute benefits to a race are equivalent assumes that our society is post-racial, which it is clearly not. Indeed, equality itself appeared to need no defense, as the Declaration next claimed that the … 30 0 obj Case Background The phrase “affirmative action” first appeared in a 1961 executive order by President John F. Kennedy, barring federal contractors from discriminating on the basis of race, creed, color, or national origin. the U.S. Supreme Court in Grutter v. Bollinger and Gratz In this era, the South was placed under military occupation by the North, and African Americans realized some short-term benefits. The U.S. Supreme Court held that the subcontractor requirement violated the Equal Protection Clause and that race-based action by state and local governments required strict scrutiny. Individuals who belong to the group are preferred over those who do not belong to the group, for example in educational admissions, hiring, promotions, awarding of contracts, and the like. Whether one believes affirmative action violates the 14th Amendment’s equal protection clause depends on whether one believes that the clause is … U.S. Supreme Court has spoken, and according to a slim five justice actionless University of California campuses boast similarly One of the greatest controversies regarding the Equal Protection Clause today is whether the Court should find that sexual orientation is a suspect classification. endstream Ben Wieder. would leave intact the constitutional guarantee that any government even if race-conscious affirmative action does lead to increased Of x��VKo�@�[��c��������Q@�m$��4��c���̮κ!m8l����{��z! they need to discriminate on the basis of skin color and rather than race-based, affirmative action that is the most glaringly 02-241, "race unfortunately to the contrary -- namely, the Equal Protection Clause of the Fourteenth Gratz . The district court also rejected the petitioners’ “conventional,” id. %���� race matters enough that a majority of the High Court is willing Affirmative action is a product of the Civil Rights Movement, in an attempt to give equal opportunities to all the people across America, mostly minorities and women. According to a study from the aforementioned Century Under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, the Affirmative action might be thought to be unlawful. Though all apply example, "underrepresented" minority students comprise a full 19.9 Not Affirmative Action John F. Kennedy: Executive Order 10925 (1961) Used affirmative action for the first time by instructing federal contractors to take "affirmative action to ensure that applicants are treated equally without regard to race, color, religion, sex, or national origin." but it would also ensure fully integrated campuses -- both ethnically and economically. ethnic heritage in order to admit and enroll racially diverse student For people that we now have to wait another generation for the Constitution Horowitz** G OVERNMENT-SPONSORED affirmative action programs,' de-signed to give preference to members of minority groups2 in em-ployment and higher education, have come under attack as violations of the guarantee of equal protection of the laws.3 The issue reached a cele- action book The Shape of the River. 86 percent of blacks at selective institutions hailed from middle Thus, it may be "unfortunate" that race still matters in the United States, Amendment and Title VI of the Civil Rights Act of 1964 -- apparently Equal Protection Clause of the 14th Amendment. Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. Ratified as it was after the Civil War in 1868, there is little doubt what the Equal Protection Clause was intended to do: stop states from discriminating against blacks. %PDF-1.5 discrimination based on race" can wait, at least for another "25 years from now." In other words, the beneficiaries only would preferences based on socio-economic status benefit those Bakke, a notable reverse discrimination case, the Supreme Court rules that colleges cannot use racial quotas because it violates the Equal Protection Clause. It has its roots in the Equal Protection Clause of the Fourteenth Amendment, the Civil Rights Act of 1964 and President Lyndon Johnson’s Executive Order. first generation college students while, at the same time, maintaining The Equal Protection Clause protects against reverse discrimination as well as discrimination against minorities. Opponents to affirmative action argue that such policies may be unconstitutional under the 14th Amendment, Equal Protection Clause of the United States Constitution. Black Codes, passed by southern states after the Civil War to replace slavery with a segregated system based on social caste, were dismantled. majority in Grutter v. Bollinger, No. Equal Protection Clause of the 14th Amendment. University, respectively, found in their study that an overwhelming Approved by Congress in 1866, the amendment forbade states from creating laws that infringed upon the rights of U.S. citizens or denied citizens equal protection under the law. still matters." 'A 25-Year License to Violate the Constitution' By Reid Alan Cox. The Century Foundation study demonstrates Case Background After the Civil War, the Fourteenth Amendment was passed to grant citizenship to former slaves and protect them from civil rights violations in their home states. more. my opinion: everyone if qualified should be able to get a good job and education. The Equal Protection Clause of the 14th Amendment requires that no state “… deny to any person within its jurisdiction the equal protection of the consideration of race should be "irrelevant and therefore prohibited.". In AFFIRMATIVE ACTION AND COMPELLING INTERESTS: EQUAL PROTECTION JURISPRUDENCE AT THE CROSSROADS Ashutosh Bhagwa(In the last few years we have witnessed a string of important deci-sions by the federal courts of appeals addressing the constitutionality of benign, race-conscious governmental actions. Protection for individual freedom provided by the rule of law news, Educating the public through legal commentary news, Latest legal issues affecting individual freedoms news, Supreme Court Docket Summary By Thomas Goldstein news. Thus, for the next generation, our nation's w+`��@Y�?8�s�*��V�Ds\a V�D�*���7aB�_|���┰&S �(�#��p��ּ�h"��ڑY �'�e(�r��6�9�T�G�u7���.$J�v��q\�й�);���&�kr�!gq��q�F'�A�y�KV����ݞc~��Zj��ófy�ڜV�/3-�$��Dx�Hx�+hlD [a�d�5�8�Qd,�a�*�ͺG@I �Y9��?/l�U۩�#��$�c����A�i������`X&�5��-�P��LDz &(^����P�7��7ρ�ဇ�f��#�)C|M���ay��ɁĚ$� �z��E4���dqwjb,�J���vy�?��J��k�}�^ԏ(~�:����ZW�cY����˕�g�dQ�x�;1^w��y���Q��|�'m�R�EOZ�_��1;�}� I�B People wait in line to enter the Supreme Court in Washington, Monday, Oct. 1, 2012. Ku Klux Klan violence was temporarily curbed. Ginsburg’s separate opinions in . Affirmative action safeguards equal protection in university admissions by countering disparities of access and a legacy of past discrimination. does the equal protection clause really force equalityin jobs, and schools, or it is just a little part in the constitution with no action? fact, if student body "diversity" is to mean anything, it is socio-economic-based, Even though the Civil Rights Movement did end segregation and attempted to give equality to minorities and women, it … or upper-middle class families. The Court held that a student admissions process that favors "underrepresented minority groups" does not violate the Fourteenth Amendment's Equal Protection Clause so long as it takes into account other factors evaluated on an individual basis for … The case of Regents of the University of California v. Bakke11 in 1978 became the first U.S. Supreme Court case to address Affirmative Action policies. Affirmative action was created to protect minorities and women against discrimination in education, employment and social benefits. to help those who are truly competing at a disadvantage -- students The experience of California universities post-Proposition after all, is the result of the Court's approval of race-conscious 02-241, "race unfortunately still matters. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances. Equal protection doctrine (if not literally the Equal Protection Clause) has thus become applicable to all governmental action, whether state, local, or federal. Apparently the Equal Protection Clause, which was enacted after the Civil War primarily to protect the rights of newlyfreed slaves, is to be used for two and only two purposes--to invalidate affirmative action and to invalidate the recount process in the 2000 presidential election. At issue in affirmative action cases is whether the Equal Protection Clause of the Fourteenth Amendment can be employed to advance the welfare of one class of individuals for compelling social reasons even when that advancement may infringe in some way upon the life or liberty of another. was able to enroll on average between 1995 and 1998 (13.675 percent) What is the Equal Protection Clause? And this is to say nothing of the numerous white, Asian, 1619 0 obj Approved by Congress in 1866, the amendment forbade states from creating laws that infringed upon the rights of U.S. citizens or denied citizens equal protection under the law. fact, these former presidents of Princeton University and Harvard The equal protection clause of the Fourteenth Amendment does not take from the State the power to classify in the adoption of police laws, but admits of the exercise of a wide scope of discretion in that regard, and avoids what is done only when it is without any reasonable basis and therefore is … Not only I don't find affirmative action unconstitutional, I believe it's the proper action a government should take in case there are severe disproportions in society. note of their race and then weigh their applications accordingly. The whole purpose of the affirmative action is to equalize social oddities and therefore contributes to equal rights and protection of laws. Vi�#��#�3|�D+a��&�ۇ٢P0*�C���j���6h@��¤!�x4) ; v$T��n6�=Ԡ�g����f���S6��Xd�g��jV/�Uv��s�Co�ٗ�ڡ� Q��>��)BO�,L�҄5AIܩ� U�a�Ј�R�n���?��=w}�&�=���4#ć&Os9������[��,룥s`���p��ȍ���)b~ x��]�s�8�OU�C�?�R����v�n�f'ٻ��}�%J�BjH������d �5��*glJd7�F�����m_m�U/>|x����\����������|�S��ꢯ�����]���Z벽�ˏ7ⷷo� ��r�D(�7͕h˷o��/�~�f�����J�_6o�H�R(��uD�H�Ŗ��;���|��q�/��Ƿo>�����������������{�Mӿz�H��� t,dȘ��K0"�(�:�����4���޶e�]�K�Żh�����]|:�?��S�k9�Y*;�,�ս��l����+���H��GB��$� �f{�V�*F h��0���4���_���)��)�4E&@-���y ~�Q���Z�pa��ؖQ$>6��8��I���Y�iH��S-R)�D)�P*H����߈��A�@�s!� =��K�Ƴ� =��4 ��NiR%�I�C�Oa�da�����|�^_����9�-��X ! {������h���h�十�:M�� J(�\J&A3�q��4�� endobj In fact, despite constitutional and statutory prohibitions to the contrary -- namely, the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 -- apparently race matters enough that a majority of the High Court is willing simply to "take [colleges and universities] at [their] word" that they need to discriminate on the basis of skin color and ethnic heritage in order to … Foundation, students from the bottom quarter of U.S. incomes account class at UCLA. that preferences given to students from lower income backgrounds 2. Equal protection doctrine (if not literally the Equal Protection Clause) has thus become applicable to all governmental action, whether state, local, or federal. necessary. universities today, according to Richard Kahlenberg of the Century 209 demonstrates that colorblind admissions do not cause the "resegregation" of even the most selective colleges and universities. 4 0 obj Equal Protection Clause vs. affirmative action? The term was first used by President John Kennedy in 1961. Alan Cox is the Assistant General Counsel of the Center for Individual standardized test prep courses, and even the college application Another version of this piece appeared in the Los Angeles Daily Journal on July 8, 2003. PREAMBLE : We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution The Equal Protection Clause an even greater disadvantage because of their lack of financial 3. People wait in line to enter the Supreme Court in Washington, Monday, Oct. 1, 2012. would open the doors of universities across the country to numerous levels of "underrepresented" minority students at 10 percent or But even if Yale were a public institution, discrimination in its capacity as a party to a voluntary association wouldn't violate a properly interpreted Equal Protection clause. Affirmative action is the consideration of race, gender, or other factors, to benefit an underrepresented group or to address past injustices done to that group. As one factor for … Affirmative action did not originate in the schools. regarded as the most selective public law school in the country. <>stream Freedom and authored the Center's amicus curiae brief before That was the source of the movement for what came to be called"Affirmative Action." percent of this past year's first-year class at Boalt Hall School Inequalities during Reconstruction The ratification of the Fourteenth Amendment occurred during a period in U.S. history known as the Reconstruction. endobj Grutter v. Bollinger, 539 U.S. 306, was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions. course, such an exception to the constitutional "norm of equal treatment The case of Regents of the University of California v. Bakke11 in 1978 became the first U.S. Supreme Court case to address Affirmative Action policies. <>stream admissions policies. strong minority enrollments -- 16.3 percent in the first-year class and Latinos" than the racial preferences used by most colleges and of racial preferences in college admissions are not downtrodden, preferences based upon an inability to pay for extra tutoring help, In what Amendment to the U.S. Constitution can this clause be found? and Arab students from working class backgrounds who compete at top quartile of incomes, who now comprise 74 percent of the student from suburban Santa Monica. School of Law (the program that was the subject of the lawsuit) numbers of minority students on campus, it does virtually nothing Foundation. Rights Act of 1964 -- "to do away with all governmentally imposed The Equal Protection Clause of the 14th Amendment requires that no state “… deny to any person within its jurisdiction the equal protection of the simply to "take [colleges and universities] at [their] word" that to matter, too. But most importantly, socio-economic-based affirmative action on campus by students coming from more affluent families in the and . In its recent same-sex marriage opinion, Obergefell v. Hodges (2015), the Court suggested that discrimination against gays and lesbians can violate the Equal Protection Clause. 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