POLI100 Notes - Equality: Affirmative Action

POLI100 Notes - Equality: Affirmative Action - EQUALITY...

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EQUALITY – AFFIRMATIVE ACTION PURSUING EQUALITY Civil Rights Acts-1960’s Following the Anti Discrimination Principle The principle the court has been legislating and deciding on is looking at things colorblind. Following the Anti-Caste Principle - Equality Through Laws that Discriminate : To get to equality, we need to factor in differences. The Insuffiency of the Antidiscrimination Principle : It has not produced life changes for racial minorities. There are still significant disparities in income, employment, and education. Many of these differences are linked to education. If as a nation, the government were pursuing an anti- caste principle rather than an antidiscrimination principle, then it would take more action to promote racial, gender, and other equalities. Lawmakers address those conditions that sustain those caste-like elements. The Emergence of “Affirmative Action” Programs The origin of affirmative action is in the federal bureaucracy. We can trace it back to 1965 when Lyndon B. Johnson issued an executive order which required all federal agencies and institutions that worked with federal agencies (grants, loans) to practice affirmative action. UNIVERSITY OF CALIFORNIA REGENTS V. BAKKE (a978) Facts of the Case Allen Bakke graduated from college in 1963. He had an engineering degree, 3.51 GPA, and he applied to medical school at the University of California at Davis. He was turned down twice, but at the time he was turned down, UC Davis had a program that reserved 16 places out of 100 for minorities in their medical school. Both years that Bakke was rejected, minority students with much less credentials got in. Constitutional Questions Bakke sued saying he was excluded on the basis of his race, which is against the law. He said this violated the 14 th amendment and the 1964 Civil Rights Act. UC Davis countered saying it was justified to take care of and make up for past discrimination and to ensure that in the future, they wouldn’t continue to have discrimination in its school. UC Davis was arguing that they just wanted a diverse student body.
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Opposing Coalitions On the Court The Liberals on the Court who wanted to keep affirmative action were practicing the Anti-Caste principle, and the Conservatives on the Court who wanted the Constitution to be color blind were practicing the Anti-Discrimination principle. Majority Opinion-Justice Powell
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This note was uploaded on 04/04/2008 for the course POLI 100 taught by Professor Rabinowitz during the Fall '07 term at UNC.

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POLI100 Notes - Equality: Affirmative Action - EQUALITY...

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