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Study Notes- Constitutional Law

The governmental action does no more than is

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Unformatted text preview: ason was to ensure literate officers A. Strict Scrutiny – If the law is found to be a racial classification, then must apply the SS test to the law. 1. Compelling State Interest a. Remedy past discrimination – is a compelling state interest if: 1. there are specific findings of identified discrimination by the same defendant a. Diversity Note: The compelling interest is in diversity, not in proportionate racial representation - Bakke a. Prevent current of future discrimination b. Affirmative Action 1. Not- compelling state interest a. Proportionate racial representation (quotas) Regents of Univ. of California v. Bakke – by having spots for black student only causes a white student to be discriminated against and thus unconstitutional. The court said that race can be a factor but not the only factor. a. Remedy past discrimination by anyone else a. Remedy segregation not caused by the government 1. Narrowly Tailored a. Remedial Goal 1. The governmental action does no more than is necessary to remedy past discrimination. The remedy should be limited to both scope and time. a. Diversity Goal – narrowly tailored means 1. Racial diversity is only one of several kinds of diversity sought to be achieved 2. Each applicant receives individualized consideration, regardless or race, and race is one of several factors to be considered (No quotas are permitted) a. General Factors 1. Have other, non race- based alternatives been considered 2. Race can never be used as a proxy for some other characteristic. If there is some other characteristic that is t...
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