Affirmative Action Programs Pros And Cons

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Affirmative Action: Both Sides The Question: Is it constitutional to make up for past discrimination by setting quotas for allowing minorities into certain programs over non-minorities, or does it violate the 14th amendment of the United States Constitution and the Equal Protection Clause by refusing to allow a certain person into that program due to their nationality and heritage. Side A: Opposition to Affirmative Action programs. Those that are in opposition to affirmative action programs around the country believe that it is unconstitutional to refuse to allow someone into a program or institution because they are not a minority. They believe that although those institutions and programs should be given the right to choose who to…show more content…
2000d et seq.] and section 182 of the Elementary and Secondary Education Amendments of 1966 [42 U.S.C. 2000d-5] dealing with conditions of segregation by race, whether de jure or de facto, in the schools of the local educational agencies of any State shall be applied uniformly in all regions of the United States whatever the origin or cause of such segregation.” Side B: Supporters of Affirmative Action Those in favor of affirmative action programs argue that the 1st amendment to the U.S. Constitution calls for certain affirmative action programs, and also that it does not go against the Establishment Clause of the 14th amendment and Chapter VI of the Civil Rights Act of 1964. Therefore, if affirmative does not go against the Constitution, it is not an unconstitutional program and should be allowed to create a diversified and an overall better society. They argue that the Establishment Clause is not being disrupted because it has nothing to do with taking race into account on applications. The laws are still being applied fairly to each of the citizens of the state. The program is just taking race into consideration while considering an individual for the position. They are not denying the person their life, liberty, or property either, therefore the 14th amendment has nothing to do with affirmative…show more content…
The University of California was the first big affirmative action case in history. It set a precedent that would help future Supreme Courts with their decisions. The precedent was that colleges could take race and nationality into effect while considering students for admission, but could not make it a sole requirement. In this case, Bakke was refused entry 2 consecutive years. The university had a quota system set up that 16 of the 100 spots open for that program would go to minorities, and Bakke argued that this was unconstitutional. Bakke won and lost. The Supreme Court ruled in his favor that he should be accepted into the university, but ruled also that universities could take race into

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