Affirmative Action

This essay has a total of 1029 words and 4 pages.

Affirmative Action


Affirmative Action is any effort taken to expand opportunity for women or racial, ethnic
and national origin minorities by using membership in those groups that have been subject
to discrimination as a consideration. The Fourteenth Amendment states that no person in
the United States shall, on the ground of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance. As a result, Affirmative
action is not consistent with the Fourteenth Amendment. In this essay, I will first
discuss the violation of Affirmative Action against the Fourteenth Amendment. Second, how
Affirmative Action helps one group of people while leaving out the other groups of people.

Affirmative Action has occurred in several cases throughout the Americans history and the
case that I will be referring to is Regents of the University of California v. Bakke. This
case presents a challenge to the special admissions program of the Medical School of the
University of California at Davis, which is designed to assure the admission of a
specified number of students from certain minority groups (253). In 1973 and 1974, Allan
Bakke, a white male, who applied twice to the Medical School of the University of
California at Davis, was rejected even though his grade point average and MCAT scores were
higher than most of the applicants. With the fact that applicants that were admitted with
the special admissions program had lower scores, Bakke alleged that the Medical School's
special admissions program operated to exclude him from the school on the basis of his
race (258). This, he stated, violates his rights under the Equal Protection Clause of the
Fourteenth Amendment. The Equal Protection Clause states that "No State shall…deny to
any person within its jurisdiction the equal protection of the laws." The guarantee of
equal protection cannot mean one thing when applied to one individual and something else
when applied to a person of another color. If both are not accorded the same protection,
then it is not equal (260). If everybody is guaranteed the same protection under the
Constitution, then no one should be treated differently at the University. Hence,
Affirmative Action violates the Equal Protection Clause of the Fourteenth Amendment.

To relate the idea that race is not the main problem and that everyone's rights is
protected under equal protection, the case of Plessy v, Ferguson fits into the category.
In the case of Plessy v. Ferguson, a Louisiana statute, passed in 1890, made it legal for
railway companies carrying passengers in the state to "provide equal but separate
accommodations for the white and colored races." Homer Plessy, a man of mixed ancestry,
refused to surrender his seat in a white compartment of a railway car and was subsequently
arrested for violation of the statute. What happened to equal protection? When race is
taken into account, equal protection is disclaimed. What if race is not taken into account
then Affirmative Action is the problem.

With the Affirmative Action violating the Fourteenth Amendment, the Medical School of
University of California at Davis believes that the special admissions program does not
violate any law. Having the program was to increase the population of minorities in the
Continues for 2 more pages >>




  • American Women During WWII
    american Women During WWII American Women During World War II. America\'s entry into World War II posed opportunities for American women domestically, yet paradoxically heightened fears in the polity about the exact role that women should adopt during wartime. A central issue that dominated women\'s lives during this period was how to combine the private sphere of the home, with the new demands of the war economy in the public sphere. Women made significant gains in the military, the war economy
  • Black Americans
    Black Americans Black Americans Black Americans are those persons in the United States who trace their ancestry to members of the Negroid race in Africa. They have at various times in United States history been referred to as African, coloured, Negro, Afro-American, and African-American, as well as black. The black population of the United States has grown from three-quarters of a million in 1790 to nearly 30 million in 1990. As a percentage of the total population, blacks declined from 19.3 in
  • Cold war
    cold war Major Sources of Discord between the Bolsheviks and European States: 1917 to 1921 There were several major sources that created discord between the Bolsheviks and western states in Europe from 1917 to 1921. Conflicting ideologies that each attacked the very fabric of the other’s respective society led to the notion that capitalism and communism could not coexist. The attempts of both actors to hold control of their own political system and to expand their political ideas internationally
  • Cold war
    cold war Major Sources of Discord between the Bolsheviks and European States: 1917 to 1921 There were several major sources that created discord between the Bolsheviks and western states in Europe from 1917 to 1921. Conflicting ideologies that each attacked the very fabric of the other’s respective society led to the notion that capitalism and communism could not coexist. The attempts of both actors to hold control of their own political system and to expand their political ideas internationally
  • Dreaming in the 1960s
    Dreaming in the 1960s Dreaming in the 1960s In 1962, Dr. Martin Luther King, Jr. said his most famous words: "I have a dream." He was not the only one who felt this way. For many, the 1960s was a decade in which their dreams about America might be fulfilled. For Martin Luther King Jr., this was a dream of a truly equal America; for John F. Kennedy, it was a dream of a young vigorous nation that would put a man on the moon; and for the hippy movement, it was one of love, peace, and freedom. The 1
  • History of labor in america
    history of labor in america The Industrial Revolution was dawning in the United States. At Lowell, Massachusetts, the construction of a big cotton mill began in 1821. It was the first of several that would be built there in the next 10 years. The machinery to spin and weave cotton into cloth would be driven by water power. All that the factory owners needed was a dependable supply of labor to tend the machines. As most jobs in cotton factories required neither great strength nor special skills,
  • Reconstruction3
    Reconstruction3 First and Second Reconstructions The First and Second Reconstructions held out the great promise of rectifying racial injustices in America. The First Reconstruction, emerging out of the chaos of the Civil War had as its goals equality for Blacks in voting, politics, and use of public facilities. The Second Reconstruction emerging out of the booming economy of the 1950\'s, had as its goals, integration, the end of Jim Crow and the more amorphous goal of making America a biracial
  • Social Darwinism in American History
    Social Darwinism in American History Social Darwinism in American History Toward the end of the 19th century, the United States entered a period of growth and industrialisation. An abundance of natural recourses, cheap labour supply, and a self-sufficient food supply contributed to the industrialisation of the United States. This time was known as the American Industrial Revolution. Due to the growing prosperity of the United States, the American people, in general, adopted a heavily opportunist
  • Womens Movement Towards Equality
    Womens Movement Towards Equality The Women¡¯s Movement Towards Equality For centuries, all over the world, women have been forced to stand in the shadow of man because they were seen as weak individuals not worthy of equality. And for centuries, all over the world, women have fought to prove them wrong. In early 15th century Venice, young girls were only give three options for the pathways of their lives when they reached womanhood: marriage, prostitution, or becoming a bride of Christ (a nun).
  • Gender issues in sri lanka
    gender issues in sri lanka Gender issues In general, when considering third world countries, most would say that they have some very similar characteristics. Third world countries are often thought of as places that are impoverished, have significantly high birthrates, are economically dependent on advanced countries, and have not evolved socially in regards to equal rights issues. Although many of these characteristics do apply to Sri Lanka, the latter has definitely evoked some discussion on t
  • Gender profiling of San Sherpas Yanomamo
    Gender profiling of San Sherpas Yanomamo 1. Gender inequality San Women’s status in Sun community is very high and their influence considerable. They maintain a status that is higher than that women in many societies in the world. Although women may be nearly equal to men, men do seem to have the upper hand. There is no prerogative in relation to the important sources of influence in San society. Since there is no formal leaders or hierarchies, decisions are made on the basis of group consensus.
  • Animal Farm As Social Criticism
    Animal Farm As Social Criticism Animal Farm As A Social Criticism Writers often use social criticism in their books to show corruptness or weak points of a group in society. One way of doing this is allegory which is a story in which figures and actions are symbols of general truths. George Orwell is an example of an author who uses allegory to show a social criticism effectively. As in his novel Animal Farm, Orwell makes a parody of Soviet Communism as demonstrated by Animal Farm\'s brutal tota
  • Hard Times
    Hard Times Utilitarianism "Quadruped. Graminivorous. Forty teeth, namely twenty-four grinders, four eye-teeth, and twelve incisive. Sheds coat in spring......" A perfect example of a product of utilitarian education, Bitzer defines a horse off the top of his head in a split second. Utilitarianism is the assumption that human beings act in a way that highlights their own self interest. It is based on factuality and leaves little room for imagination. Dickens provides three vivid examples of this
  • Hunchback of notre dame
    hunchback of notre dame In this novel The Hunchback of Notre-Dame (1831), Victor Hugo talks about the life of his characters in the city of Paris. This story takes place in the late-fourteenth century. With inequality all around it was hard for a person to gain respect without good looks or social status. In this paper I will mainly discuss the story of Quasimodoe Esmeralda, and their struggle in this story Quasimodoe\'s mother was a gypsy. She could not take care of him any longer so she left h
  • To Kill A Mockingbird1
    To Kill A Mockingbird1 Miss Harper Lee has chosen Scout as a first person narrator in this story. This narrative technique has many strengths and some weaknesses. Scout is a bright, sensitive and intelligent little girl. For all her intelligence, she is still a child and does not always fully understand the implications of the events she reports. This is sometimes amusing, as the time she thinks Miss Maudie\'s loud voice scares Miss Stephanie. Scout does her best to inform us of the happenings a
  • To Kill A Mockingbird1
    To Kill A Mockingbird1 Miss Harper Lee has chosen Scout as a first person narrator in this story. This narrative technique has many strengths and some weaknesses. Scout is a bright, sensitive and intelligent little girl. For all her intelligence, she is still a child and does not always fully understand the implications of the events she reports. This is sometimes amusing, as the time she thinks Miss Maudie\'s loud voice scares Miss Stephanie. Scout does her best to inform us of the happenings a
  • To Kill A Mockingbird1
    To Kill A Mockingbird1 Miss Harper Lee has chosen Scout as a first person narrator in this story. This narrative technique has many strengths and some weaknesses. Scout is a bright, sensitive and intelligent little girl. For all her intelligence, she is still a child and does not always fully understand the implications of the events she reports. This is sometimes amusing, as the time she thinks Miss Maudie\'s loud voice scares Miss Stephanie. Scout does her best to inform us of the happenings a
  • Motivation
    motivation The need for action is pressing in order to feed the expanding human population, expected to increase by almost one billion people per decade for the next three decades at least. Much of this increase will occur in developing countries in the low-latitude regions of the world. To meet the associated food demand, crop yields will need to increase, consistently, by over 2% every year through this period. Most research on agriculture and climate change has focused on potential impacts o
  • Entrepreneurship
    Entrepreneurship \'A Balanced Economic State\' Two main economic systems have been developed since the Industrial Revolution, these are Capitalism and Socialism. Both systems have advantages and disadvantages, this essay will explain these, and also give my proposals for a mixed system for the whole society of the United Kingdom. Capitalism Capitalism generally started as an economic system in the United Kingdom at the time of the Industrial Revolution. The basic explanation of Capitalism would
  • Recruitment
    recruitment On dealing with the premiss that the practice of recruitment and selection is a long way from the recommendations of personnel textbooks, distinction must be taken into account between explicit recommendations and guidelines, on one hand, and, on the other, implicit suggestions stemming from the author’s own stance. The implications of distancing from, or identification with, such explicit recommendations and implicit suggestions will be viewed in this paper as well as forms of overt
  • Shrinking buying power of the middle class
    Shrinking buying power of the middle class The Shrinking Buying Power of the Middle Class According to the Merriam-Webster’s Online Dictionary, the middle class is “a class occupying a position between the upper class and the lower class; especially: a fluid heterogeneous socioeconomic grouping composed principally of business and professional people, bureaucrats, and some farmers and skilled workers sharing common social characteristics and values (Merriam-Webster). In the United States, their
  • Racism today
    Racism today RACISM TODAY "...Everybody jumped on him, beat the hell out of him... Everybody was hitting him or kicking him. One guy was kicking at his spine. Another guy hitting on the side of the face... He was unconscious. He was bleeding. Everybody had blood on their forearms. We ran back up the hill laughing... He should have died... He lost so much blood he turned white. He got what he deserved" (Ridgeway 167.) The skinheads, who performed this random act of racial violence in 1990,had no
  • Women in the Workforce
    Women in the Workforce Western female thought through the centuries has identified the relationship between patriarchy and gender as crucial to the women’s subordinate position. For two hundred years, patriarchy precluded women from having a legal or political identity and the legislation and attitudes supporting this provided the model for slavery. In the late 19th and early 20th centuries suffrage campaigners succeeded in securing some legal and political rights for women in the UK. By the mid
  • Ethical Economics
    Ethical Economics Nicholas Grosz Mr. Burke Econ 3/1/00 ETHICAL ECONOMICS? The term ethical and economics should never be put into the same sentance. They are almost oxymoronic in the sense that in order for one to succeed on an economic level, ethics are usually never involved. America as we have come to know it is a world full of mice and snakes. The mice are those in society who voluntarily choose to live off of the prosperous, as the snakes go out and get their prey. The capitalistic society
  • Views of Marx and Keynes
    Views of Marx and Keynes Views of Marx and Keynes John Keynes and Karl Marx are two of the most influential and notorious economists of our time. Their views on the economy are very different. Marx was a radical communist while Keynes was a Capitalist and a brilliant intellectual. Their views stem from their upbringing. Marx was born into a Jewish, middle class family and Keynes was born into a comfortable English social class that considered itself born to rule. Their writings brought their bel
  • Jonathan Kozol Savage inequalities
    Jonathan Kozol Savage inequalities The new millennium brings many advances in our children’s learning. The introduction of technology and breakthrough teaching methods display a positive outlook for the educational system our children count on. Yet, this optimistic view is believed by many to be looked at through rose-colored glasses. Jonathan Kozol\'s Savage Inequalities: Children in America\'s Schools looks at the ways the government, the society, and the educational system fail poor children,
  • Problems in the United States Educational System
    Problems in the United States Educational System Today, the way the educational system works in the U.S. concerns a large number of people in this country. "Only 25% of adults have a great deal of confidence in the people running education, according to the General Social Survey, down from 49% in 1974" (Russel 4). A lot of discussions have been held to find the best ways to improve teaching methods. At the same time, people recognize that a very valuable solution to increase the level of educati
  • Social Justice In Education
    Social Justice In Education Social Justice in Education “Social Justice in Education” by R. W. Connell discusses the role of education in society and the implications that social justice issues have on education. Connell begins by establishing that education and social justice can be examined separately yet they are inescapably linked through the social medium of their implementation. “Education concerns schools, colleges and universities, whose business is to pass knowledge on to the next gener
  • A Conneticut Yankee in King Arthurs Court
    A Conneticut Yankee in King Arthurs Court In the political and social satire A Connecticut Yankee in King Arthur’s Court, Mark Twain demonstrates his excessive pride and glory in the political, economic, and technological advances of his time by developing an interesting plot in which an 19th century mechanic travels back to the time of a cruel feudalistic Camelot and attempts to modernize and improve it. Overall, in A Connecticut Yankee in King Arthur’s Court, Mark Twain compares the basic poli
  • Animal Farm3
    Animal Farm3 Two Legs: Bad, Four Legs: Just as Bad Many great works have been inspired by events in history. George Orwell’s Animal Farm provides an unusual outlook on the Russian Revolution and its leaders by using animals to represent their human counterparts. Orwell attacks communist society and points out weaknesses in its government officials. He calls for a close examination of the treatment of Russian citizens and questions whether they have any rights at all. Orwell was careful in his de
  • Carnivalism and its effect on literature
    Carnivalism and its effect on literature "Carnivalization" is the term used by Mikhail Bakhtin to describe the shaping effect on literary genres. The idea of carnivalism is the discourse of structuralism. Carnivalism is the opposite of everything deemed "normal". Bahktin describes it as: "...the true feast of time, the feasts of becoming, change and renewal. (45)" Carnival originated from the Feasts of the Church. The feasts were a serious, formal occasion in which strict patterns were closely f
  • Commentary on Battle Royal
    Commentary on Battle Royal Ben Riley 7-24-00 Thoughts on Battle Royal Ralph Ellison’s short story, Battle Royal, takes place in any small town in the south. The main focus of this story is the reoccurring incidences of racial inequality. This is a story of several generations of an Afro-American family that dream about improving their lives in a racially segregated America. In the beginning of the story, a dying old man tells his son that he should “keep up the fight”. This was in reference to t
  • Domestic Violence
    Domestic Violence Domestic Violence Domestic Violence towards women is a problem in the United States that is usually over looked and almost always not noticed by Society today. Violence is defined by the Riverside Webster\'s Dictionary (p.755) as: 1. Physical force employed so as to damage or injure. 2. As an instance of violent action. If this is the case than why is it that so many women are beaten by loved ones each year and little or nothing is done to correct this violent and hostile situa
  • Hard Times2
    Hard Times2 Utilitarianism "Quadruped. Graminivorous. Forty teeth, namely twenty-four grinders, four eye-teeth, and twelve incisive. Sheds coat in spring......" A perfect example of a product of utilitarian education, Bitzer defines a horse off the top of his head in a split second. Utilitarianism is the assumption that human beings act in a way that highlights their own self interest. It is based on factuality and leaves little room for imagination. Dickens provides three vivid examples of this
  • Langston Hughes1
    Langston Hughes1 Langston Hughes is considered by many readers to be the most significant black poet of the twentieth century. He is described as ³...the beloved author of poems steeped in the richness of African American culture, poems that exude Hughes¹s affection for black Americans across all divisions of region, class, and gender.² (Rampersad 3) His writing was both depressing and uplifting at times. His poetry, spanning five decades from 1926 to 1967, reflected the changing black experienc
  • Langston Hughes1
    Langston Hughes1 Langston Hughes is considered by many readers to be the most significant black poet of the twentieth century. He is described as ³...the beloved author of poems steeped in the richness of African American culture, poems that exude Hughes¹s affection for black Americans across all divisions of region, class, and gender.² (Rampersad 3) His writing was both depressing and uplifting at times. His poetry, spanning five decades from 1926 to 1967, reflected the changing black experienc
  • Margaret Atwood
    Margaret Atwood Fight for the Female Margaret Atwood, a contemporary Canadian author, has been classified as one of this century’s\' most feminist, and near dystopian novelists. Her works illustrate how feminism has caused the downfall of contemporary society. Margaret Atwood, a prominent feminist author of the twentieth century, is driven by her sense of social reform and her realistic view of a disturbed society to produce works such as The Handmaids Tale. Atwood was born on November 18, 1943
  • Symbolism in The Lesson
    Symbolism in The Lesson Various symbols are used in “The Lesson,” by Toni Cade Bambara, to represent the social and economic inequality faced by the children in this story. The children, not that they asked for it, are dealt the bad hand by fate. It is up to them to decide what to do about it or even to do anything at all. A great deal of symbolism can be found by simply examining the name Ms. Moore. Marital status does not define her - notice the Ms. Quite frankly, the reader is not even inform
  • Population and food
    population and food ¡§The United Nations projects that the global population, currently at 6 billion, will peak at about 10 billion in the next century and then stabilize or even decline.¡¨(popindex.Princeton.edu) A question immediately following the statement, can the Earth feed that many people? It is understood that even if food crops increase sufficiently, other renewable resources, including many fisheries and forests, are already under pressure. ¡§Our food production doubled from 1961 to 1
  • Abortion from an ethical point of view
    Abortion from an ethical point of view  Describe and evaluate any two contrasting theoretical approaches to the moral debate of abortion. * * * It is widely accepted that the fact of abortion has been a subject of conversation and controversy for many decades. Since the proportion of people who accept abortion as a normal procedure is equal to the proportion of those who think of abortion as a crime, through time a lot of measurements have been taken against abortion but concerning its de
  • Erotica v Pornography
    Erotica v Pornography Cages. Consider a birdcage. If you look very closely at just one wire in the cage, you cannot see the other wires. If your conception of what is before you is determined by this myopic focus, you could look at that one wire, up and down the length of it, and be unable to see why a bird would not just fly around the wire anytime it wanted to go somewhere. It is only when you step back, stop looking at the wires one by one…and take a macroscopic view of the whole cage, that y
  • Optimistic ideas of the Enlightenment
    Optimistic ideas of the Enlightenment 1. To what extent did the Enlightenment express optimistic ideas in eighteenth century Europe? Illustrate your answer with references to specific individuals and their works. (1998, #5) During the eighteenth century, Europeans experienced the dawning of an age of knowledge, reasoning, and of great scientific achievements. Their views toward new discoveries and advancements were optimistic. People began to turn to science for a better understanding of their w
  • Rothschilds
    Rothschilds The Vienna branch of the Rothschild banking consortium was established by Salomon Rothschild in 1815, after the end of the Napoleonic Wars. His brother Carl established the Naples branch only a few years after him. The biggest struggle that the Rothschilds faced during these early years was acceptance. Anti-Semitism kept them out of the elite social circles, necessary realms of connection making, and thus hindered business. This was especially felt in Vienna and Naples. Salomon wasn’
  • Tax Increment Financing contrasting effects
    Tax Increment Financing contrasting effects suburbanization in america By: Benjamin Limmer Limmer (1) AHousing is an outward expression of the inner human nature; no society can be understood apart from the residences of its members.@ That is a quote from the suburban historian Kenneth T. Jackson, from his magnificent piece on suburbanization Crabgrass Frontier. Suburbanization has been probably the most significant factor of change in U.S. cities over the last 50 years, and began 150 years ago.
  • Anarchy
    Anarchy Anarchy Anarchism seems to be defined many ways by many different sources. Most dictionary definitions define anarchism as the absence of government. A leading modern dictionary, Webster\'s Third International Dictionary, defines anarchism briefly but accurately as, "a political theory opposed to all forms of government and governmental restraint and advocating voluntary cooperation and free association of individuals and groups in order to satisfy their needs." Other dictionaries descri
  • Plutonium
    plutonium us a legitimate democracy By: rob colwell E-mail: doorknob60@hotmail.com The U.S. - a Legitimate Democracy? In any system which claims to be democratic, a question of its legitimacy remains. A truly democratic political system has certain characteristics which prove its legitimacy with their existence. One essential characteristic of a legitimate democracy is that it allows people to freely make choices without government intervention. Another necessary characteristic which legitimates
  • Us a legitimate democracy
    us a legitimate democracy The U.S. - a Legitimate Democracy? In any system which claims to be democratic, a question of its legitimacy remains. A truly democratic political system has certain characteristics which prove its legitimacy with their existence. One essential characteristic of a legitimate democracy is that it allows people to freely make choices without government intervention. Another necessary characteristic which legitimates government is that every vote must count equally: one vo
  • African Americans versus The Social Sciences
    African Americans versus The Social Sciences American segregation was a bitter part of American history. Even worse, though, are the securing reasons for the need of segregation and the defense of the institution. I will be discussing the method in which segregation came into existence in America and how the populace advocated such a policy. The issue of segregation in America deals mostly with the idea of superiority and inferiority between the black, or African, and white, or Caucasian, races.
  • African Americans versus The Social Sciences1
    African Americans versus The Social Sciences1 American segregation was a bitter part of American history. Even worse, though, are the securing reasons for the need of segregation and the defense of the institution. I will be discussing the method in which segregation came into existence in America and how the populace advocated such a policy. The issue of segregation in America deals mostly with the idea of superiority and inferiority between the black, or African, and white, or Caucasian, races
  • Andrew young
    andrew young Speaking of Andrew Young and his personal accomplishments is difficult to relate to without involving a whole society and their struggles. It is also unkind to speak of the Civil Rights Movement and the heights it attained without illustrating the great dignity of Andrew Young. Many years of his life, has been dedicated to the movement; in a sense he has lived it. For many years his family was a state of mind rather than a physical being from his constant absence. He would crash wit