Hoffer2ndTest - Bakke The Bakke Affirmative Action case was...

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Bakke The Bakke Affirmative Action case was a landmark case for Affirmative Action and other programs to aid minorities gain equality in the educational system. There were many colleges that had a policy to make sure there was diversity in admissions classes. Some schools recruited minorities from all over the nation to apply for admission. Other schools had systems where they wanted a certain percentage of each class to be of a minority ethnic background. These policies were designed to make up for past discrimination and seemed to make positive strides in creating an equal society. Allen Bakke, a white male, applied to the Medical School of the University of California at Davis. He was rejected twice from the school even though there were several candidates accepted who had not done as well in undergrad and on standardized tests. These candidates were accepted because UC-Davis had implemented an Affirmative Action policy and desired more minority candidates in their medical program. Bakke sued UC-Davis and desired an injunction allowing him into the school, citing that his 14 th Amendment rights had been violated and that he was not allowed into school because of his race. UC-Davis, however, said that the action was lawful and that it was trying to add diversity into its program, as well as create more doctors for black communities. Initially, the program was ruled illegal, but Bakke did not get his injunction because there was no way to be certain that he would have gotten into the school anyway. The California Supreme Court decreed that the program was also illegal, but ordered UC- Davis to admit Bakke. UC-Davis appealed to the Supreme Court where, in a 5-4 decision, the Affirmative Action program was deemed unconstitutional.
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There is no doubt that minorities, especially blacks, had not received a fair deal in the United Sates. It took the 14 th Amendment, and then later the Civil Rights Act, to grant minorities rights that had been taken away from them. There was a very strong argument for Affirmative Action to even the playing field for minorities. However, with those two pieces of legislation, race should not even be considered in the admission process. In fact, in Article VI of the Civil Rights Act explicitly prohibits institutions that receive federal dollars to consider race in admissions unless making up for previous periods of prolonged
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This note was uploaded on 02/07/2012 for the course HIST 4000 taught by Professor Hoffer during the Summer '10 term at University of Georgia Athens.

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Hoffer2ndTest - Bakke The Bakke Affirmative Action case was...

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