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Study Notes- Constitutional Law

Therefore this is a fairly narrow decision that

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Unformatted text preview: firmative action as racial discrimination sanctioned by the government, 2) that it is condescending and demeaning by saying that minorities aren’t capable of earning opportunities on their own merits, 3) cultural differences regarding the importance of education cannot be remedied by affirmative action, 4) biological differences between races may exist that impact intelligence that cannot be remedied by affirmative action, 5) affirmative action is overinclusive because it helps members of the minority group that may not need the help, such as rich black families, 6) it reduces the incentives of both groups to perform optimally (qualified minorities can slack off and borderline majority candidates will think the hard work won’t be fruitful), 7) it breeds resentment between the majority that is generally outperforming without special treatment and the minorities that are not. • Arguments for Affirmative Action: 1) benefits society as a whole by creating a diverse culture, and that diversity improves the quality of society, 2) the cultural or biological differences are not accurate, and are downplaying the large impact a long- term, sustained oppression of a minority can have on its future generations opportunities, 3) they believe that getting rid of affirmative action will make the economic divide between whites and minorities will grow rather than lessen. TWO- PART TEST: Therefore, Personnel created a two- part test: 1) is the classification really neutral (not gender- based)?, and 2) If so, does the adverse effect on the group reflect invidious purposeful discrimination. Since the statute benefiting Veterans was...
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