Essay on Affirmative Action Violates Constitutional Rights

Affirmative Action Violates Constitutional Rights In 2003, the United States Supreme Court will hear two affirmative action cases. Each is dealing with the actions of the admissions office of the University of Michigan. The cases, Gratz v. Bollinger and Grutter v. Bollinger, have been called this generations Brown v. Board of Education. (Montoya.) These cases have much hanging in their mists, The outcome of †¦ affirmative action cases will determine whether our society moves forward towards greater equality or backwards to resegregation [sic] and greater inequality(New†¦). Affirmative action which is, as defined by Websters II New College Dictionary, A policy or program that seeks to redress past discrimination by increasing†¦show more content†¦Discrimination is a prejudiced act according to Websters II New College Dictionary. In 1868, the fourteenth amendment to the Constitution was ratified; it freed the slaves, and in 1870, African Americans were given the right to vote. In 1920, women were given the right to vote with the nineteenth amendment (U.S. Constitution). These were the first steps in making the United States of America a free and equal country. Unfortunately, the fact that women and minorities were allowed to vote and were considered citizens by the government was not enough for them to be accepted into the workforce. The leading parties both agreed that in order to end discrimination in the United States certain remedies needed to be developed. The remedies were court orders as found in a review by Stephanopoulos and Edley one qualified black trooper or support person applicant for each white hired until 25 percent of the force was comprised of blacks. This was the beginning of affirmative action. Employers had to hire according to race, giving each minority group a percentage they had to have working for them. President John F. Kennedy implemented a Committee on Equal Employment Opportunity, and issued an executive order in 1961 to deal with discrimination. In his order he referred to not discriminating as affirmativeShow MoreRelatedDifferences Between Equal Employment Opportunity Initiatives, Affirmative Action Initiatives and Diversity Initiatives in Organizations1120 Words   |  5 Pages(Wisconsin Work Force Planning) Differences between Equal Employment Opportunity initiatives, Affirmative Action initiatives and Diversity initiatives in organizations Tim Piper Issues in Human Resources Management – MBA 910 February 14, 2012 To best understand how affirmative action (AA), equal employment opportunity (EEO) and diversity work together, I will take a look at each of them and how they interact with each other and also explore the differences of the three initiatives . FirstRead MoreCivil Liberties and Civil Rights722 Words   |  3 PagesCivil Liberties and Civil Rights The expansion and development on specific civil liberties and rights since the birth of America can be seen as one of the biggest evolutions in the Constitution. The original Constitution and Bill of Rights did not convey anything about equality aside from that all Americans are entitled to due process in court. The word â€Å"equality† for instance does not even appear in the Constitution. Thus the topic of equality and civil rights is a grey area that is not clearlyRead MoreThe Issue Of Affirmative Action950 Words   |  4 Pages On the contrary, supports of affirmative action feel that this law is still needed in America to help places of higher education have more diversity which will benefit companies in the long run and it also helps companies be more diverse and it helps them thrive. In the past few decades the number of minorities and females in places of higher education and companies have been rising at a slow rate. During 2012, the health care industry was sufferi ng from lack of medical personal in the medicalRead MoreWe Do NOT Need Affirmative Action Essay549 Words   |  3 Pages    Affirmative Action is steps that are taken to ensure that the opportunities are equal between minorities and others. There have been many heated debates over this issue, and maybe the worst is yet to come. Some might feel it is necessary because they feel opportunities are not equal for minorities. Many people believe that gaps need to be closed between minorities and others, but there is a difference in the method. I feel the current method is not constitutional, lawful, and not provenRead MoreThe Case Of Fisher V. University Of Texas At Austin Essay1334 Words   |  6 PagesFifth Circuit claimed that this was allowable because the racial preference they used did not operate as a quota and affects few admission decisions. I would hold that the University of Texas at Austin was violating the constitutionally protected rights of Miss Fisher by requiring an applicant to put race and using it as a determining factor for the admissions process. I think it is unconstitutional, and a violation of the Equal Protections Clause under the fourteenth amendment. In order to garnishRead MoreThe Objectives of Affirmative Action Policies Essay1039 Words   |  5 PagesAffirmative action policies actively initiate efforts for organizations and companies to provide more opportunities for historically discriminated groups in our society (Affirmative Action: Overview.). These policies usually focus on education and employment (Affirmative Action: Overview.). When it comes to college level education, affirmative action usually mentions admission protocols that give equal admittance to education for groups that were discriminated against throughout history (AffirmativeRead MoreAffirmative Action vs Reverse Discrimination Essay1614 Words   |  7 PagesAffirmative Action or Reverse Discrimination Colleen Koehn Business Law 1038 Instructor Jackie Sexson March 1, 2010 South University Online There has been a large debate in recent years if affirmative action has gone against the American way, has affirmative action caused reverse discrimination? The establishment of affirmative action was put into place to create equal rights for racial minorities, ethnic minorities, women, the physically disabled and those who served in the militaryRead MoreDefense, Necessity Defense And Affirmative Defense933 Words   |  4 PagesAccording to the United States constitution every American Citizen is entitled to a trial and an attorney. With the right to a trial and an attorney those accused also have a right to bring up a defense in justifying or excusing their actions. In this essay I will be looking at defenses such as self-defense, necessity defense and affirmative defense. This essay will serve as a guide to what these defenses really mean and when it is acceptable to use them. A defense is when a defendant and his orRead MoreThe Equal Protection Clause From The Fourteenth Amendment1137 Words   |  5 PagesAmendments, the aforementioned clause was meant to ensure racial equality in the Reconstruction Period and has been applied successfully against the affirmative action. Introduced in United States v. Carolene Products Co., the strict scrutiny has been applied to the cases, in which a fundamental constitutional rights have been infringed or a government action applies to a suspect classification (i.e. race, religion, national background). Specifically, in regards to Bakke v. Regents of University of CaliforniaRead MoreThe Civil Rights Movement Of Fareed Zakaria s The Rise Of Illiberal Democracy 1548 Words   |  7 Pagesa research portion, provided by the listed sources, about the civil rights movement. I thoroughly enjoyed reading the Zakaria article and it was an eye-opener looking into the civil rights movement. Fareed Zakaria’s â€Å"The Rise of Illiberal Democracy† details his view on elected governments and the ignorance and abuse of their power. He claims that they do not use their powers in the right way and instead deny basic civil rights and liberties. Democracy can be defined numerous ways in different countries