from lower socio-economic backgrounds. endstream 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. 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. Equal Protection Clause vs. affirmative action? 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 … Black Codes, passed by southern states after the Civil War to replace slavery with a segregated system based on social caste, were dismantled. an even greater disadvantage because of their lack of financial And this is to say nothing of the numerous white, Asian, numbers of minority students on campus, it does virtually nothing of race-based affirmative action are not the children from inner-city on campus by students coming from more affluent families in the Even though the Civil Rights Movement did end segregation and attempted to give equality to minorities and women, it … Thus, for the next generation, our nation's simply to "take [colleges and universities] at [their] word" that These truly disadvantaged students are dwarfed The whole purpose of the affirmative action is to equalize social oddities and therefore contributes to equal rights and protection of laws. Ben Wieder. %PDF-1.5 and . 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. v. Bollinger. %���� Not add a thoughtful articulation of the anti-formalism position to the affirmative action debate by laying a The Equal Protection clause, however, only limits state action and Yale is private. after all, is the result of the Court's approval of race-conscious best and brightest will be taught what might be their very first Equal Protection Clause of the 14th Amendment. 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. 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 Under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, the Affirmative action might be thought to be unlawful. ethnic heritage in order to admit and enroll racially diverse student In this era, the South was placed under military occupation by the North, and African Americans realized some short-term benefits. at 948. 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 … Affirmative Action Supreme Court Hearing: Does The Practice Violate 'Equal Protection' Under 14th Amendment? Grutter . endobj 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. 2. it should be of even greater concern to the Court and the American race matters enough that a majority of the High Court is willing Equal protection doctrine (if not literally the Equal Protection Clause) has thus become applicable to all governmental action, whether state, local, or federal. 3. 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. Whether one believes affirmative action violates the 14th Amendment’s equal protection clause depends on whether one believes that the clause is … Inequalities during Reconstruction The ratification of the Fourteenth Amendment occurred during a period in U.S. history known as the Reconstruction. 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