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E-February 7 - February 7 2011 A-Announcements 1 Paper due...

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February 7, 2011 A-Announcements 1- Paper due Wed- citations 12pt, double spaced 2- Today: Finish EP cases ( Bakke); start democracy and constitutionalism B-Bakke vs Regents of California 1- What is Affirmative Action? Why do we need to understand it? Why is it a constitutional Q? 2- What is the legal question in Bakke? How can we “reason by analogy” to decide the case? 3- What are the limitations of the law that can be seen in Bakke? What does this mean for racial inequality? 4- ***Equal protection claim under the 5 th amendment –Froniero. But the question is essentially the same. Can the law classify gender in this manner? **** 5- In order to understand Bakke, we need to understand some history. a. The aftermath of the Brown case shows about the limits of the law b. The Court cannot inform itself c. The reaction to Brown was swift and violent, with enormous opposition d. School districts were dismantled e. Gradually the Fed gov begins to enforce the desegregation f. “Little Rock Nine” f.i. National Guard troops were sent in to guard students as they entered high school g. 1963 bombing of church in Bermingham Alabama- 3 African girls killed 6- Why does it matter to think about the history of civil rights in order to understand an affirmative action case that comes up 20 years later? a. We have to understand what it has been historically b. Affirmative Action - direct government action to ameliorate some past condition b.i. In order to understand it in the Bakke case, we need to understand that for the entire 20 th century up until the 1070s. b.ii. The people who benefited by Affirmative action were whites. b.ii.1. New Deal (1930s) b.ii.1.a. Massive social programs in the wake of the Great depression b.ii.1.b. White: some of the policies were directly designed to avoid assisting blacks b.ii.1.b.i.
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