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The race is always a big part of any society, but it is probably a very critical subject in the American society. The United States is one of the most diverse countries in the world in terms of race, religion, culture, and other subjects. The United States passed by much racial inequality, and segregation, which was by-laws. But, when time passed, many of these laws were revised and new laws were held to ensure equality. The United States courts have experienced many cases regarding racial inequality in terms of education and admissions to the universities. The Fisher v. University of Texas (2016) is a very important and recent case because it was after many similar cases that affected the affirmative action policies in universities admission. …show more content…
Texas was a very critical case that impacted the admission laws in Texas. Even though it did not go to the Supreme Court because they refused to review it. According to Wikipedia.org, “Hopwood v. Texas was the first successful legal challenge to a university's affirmative action policy in student admissions since Regents of the University of California v. Bakke”(Para.1) According to texastribune.org, “The Hopwood v. Texas overturned race-based admissions policies at public universities in Texas”(Para.1). The white plaintiffs had better grades and qualifications than many admitted minorities, which was the main reason for them to go to the courts. The decision was taken in The U.S. Fifth Circuit Court Of Appeals, which ruled for the four plaintiffs, and that it is unconstitutional to use race when reviewing applicant’s …show more content…
In the Fisher V. Texas (2016) Supreme Court Case, most of the above cases were used as a precedent to take the final decision in this particular case. According to Oyez.org, the Fisher V. Texas (2016) case started when Abigail Fisher applied to the University of Texas at Austin in 2008 and was denied admission. Fisher did not qualify for the texas top ten percent plan, which I explained above, so she was not guaranteed admission, and she had to compete for the remaining spots. The university used race as one factor in the holistic review, which was purposely to ensure diversity in the student body. According to Oyez.org, “Fisher sued the University and argued that the use of race as a consideration in the admissions process violated the Equal Protection Clause of the Fourteenth
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
I, Israel Tefera a jury number one in the case state of Texas v. James Broadnax, herby give the final verdict on the aforementioned case before the jury. After deliberating on the case, we the jury have given to this court our opinion on the case. If I may, before reading the verdict go through my thought process, I would appreciate it your honor.
In United States history, race has always been a prominent social issue. It is deeply rooted into the Constitution which gave rights solely to the white man. When the Constitution was drafted, African Americans were considered to be three fifths of a person (for population counting purposes which benefited the states not the people) and women did not have any rights. Both of these minorities were also considered as property to the white man. The culture of white and rich dominance have left the poor, people of color, and other minorities to suffer.
Evaluation. In this particular case, the justices continued to follow the trend of other cases that questioned the equal protection clause before it. The court admitted Sweatt to the University of Texas law school because of unequal opportunities in the Negro facility. This case drew closer to ridding the nation of " separate but equal,"sated in the 14th amendment.
In 1973 a thirty-three year-old Caucasian male named Allan Bakke applied to and was denied admission to the University of California Medical School at Davis. In 1974 he filed another application and was once again rejected, even though his test scores were considerably higher than various minorities that were admitted under a special program. This special program specified that 16 out of 100 possible spaces for the students in the medical program were set aside solely for minorities, while the other 84 slots were for anyone who qualified, including minorities. What happened to Bakke is known as reverse discrimination. Bakke felt his rejections to be violations of the Equal Protection Clause of the 14th amendment, so he took the University of California Regents to the Superior Court of California. It was ruled that "the admissions program violated his rights under the Equal Protection Clause of the 14th Amendment"1 The clause reads as follows:"...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor without due process of the law; nor deny to any person within its jurisdiction the equal protection of the laws."2 The court ruled that race could not be a factor in admissions. However, they did not force the admittance of Bakke because the court could not know if he would have been admitted if the special admissions program for minorities did not exist.
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
The case of brown v. board of education was one of the biggest turning points for African Americans to becoming accepted into white society at the time. Brown vs. Board of education to this day remains one of, if not the most important cases that African Americans have brought to the surface for the better of the United States. Brown v. Board of Education was not simply about children and education (Silent Covenants pg 11); it was about being equal in a society that claims African Americans were treated equal, when in fact they were definitely not. This case was the starting point for many Americans to realize that separate but equal did not work. The separate but equal label did not make sense either, the circumstances were clearly not separate but equal. Brown v. Board of Education brought this out, this case was the reason that blacks and whites no longer have separate restrooms and water fountains, this was the case that truly destroyed the saying separate but equal, Brown vs. Board of education truly made everyone equal.
The Court ruled that the use of racial quotas in its admissions process is unconstitutional. Although the Supreme Court ruled that racial quotas were unconstitutional, in certain cases, more minority applicants could be accepted constitutionally. It was a five to four decision written by Justice Lewis Franklin Powell. Race can be looked upon in order to ensure educational diversity, but other admissions factors must be considered. For example, someone who is a minority cannot be accepted if they do not meet the academic qualifications. For this specific case, the medical school’s process did violate equal protection. The Equal Protection Clause forbids a state from denying anyone equal protection of the law.
African Americans are still facing segregation today that was thought to have ended many years ago. Brown v. Board of Education declared the decision of having separate schools for black and white students to be unconstitutional. As Brown v. Board of Education launches its case, we see how it sets the infrastructure to end racial segregation in all public spaces. Today, Brown v. Board of Education has made changes to our educational system and democracy, but hasn’t succeeded to end racial segregation due to the cases still being seen today. Brown v. Board of Education to this day remains one of the most important cases that African Americans have brought to the surface for the good of the United States. Brown v. Board of Education didn’t just focus on children and education, it also focused on how important equality is even when society claimed that African Americans were treated equal, when they weren’t. This was the case that opened the eyes of many American’s to notice that the separate but equal strategy was in fact unlawful.
Affirmative action, the act of giving preference to an individual for hiring or academic admission based on the race and/or gender of the individual has remained a controversial issue since its inception decades ago. Realizing its past mistake of discriminating against African Americans, women, and other minority groups; the state has legalized and demanded institutions to practice what many has now consider as reverse discrimination. “Victims” of reverse discrimination in college admissions have commonly complained that they were unfairly rejected admission due to their race. They claimed that because colleges wanted to promote diversity, the colleges will often prefer to accept applicants of another race who had significantly lower test scores and merit than the “victims”. In “Discrimination and Disidentification: The Fair-Start Defense of Affirmative Action”, Kenneth Himma responded to these criticisms by proposing to limit affirmative action to actions that negate unfair competitive advantages of white males established by institutions (Himma 277 L. Col.). Himma’s views were quickly challenged by his peers as Lisa Newton stated in “A Fair Defense of a False Start: A Reply to Kenneth Himma” that among other rationales, the Fair-Start Defense based on race and gender is a faulty justification for affirmative action (Newton 146 L. Col.). This paper will also argue that the Fair-Start Defense based on race and gender is a faulty justification for affirmative action because it cannot be fairly applied in the United States of America today. However, affirmative action should still be allowed and reserved for individuals whom the state unfairly discriminates today.
Brown v. Board of the Education in 1954 was a landmark decision in the education arena. The decision maintained that schools that separated students by the color of their skin could no longer be maintained. The court saw this as necessary, since in their mind schools for black students would always be inferior. This inferiority would not be caused by lack of resources, although that usually was a contributing factor to the poor quality of the school, physically and performance-wise. As the Supreme Court saw it, s...
Furthermore, race has always been a serious matter in the Supreme Court and other government administrations, but they fail to recognize the issue. The injustices that minorities had to deal with in the past are the same inequalities that minorities, especially African Americans, still have to face in today’s society.
Segregation has played a substantial role throughout American history. Many court cases and different trials in different time periods have proven that a person’s skin color can dictate many things, such as where they go to school and where they sit on public transportation. The struggle to achieve equality was made even more difficult by the legislation of the Plessy vs. Ferguson case.
In the history of the United States, there has always existed the issue of race and how to balance out racial differences in America. The issue of race has made an impact on every part of this country including the field of education. The issue of desegregation and how to balance out schools to even the field for all students to comply with the Fourteenth Amendment and rulings such as Brown v. Board of Education has indeed been a challenge for American society.
In the current century, US is once again becoming segregated by race and economic aspect of the community. Several researches show there are numerous factors involved in this trend, including the United States Supreme Court giving the state sovereignty to determine their policies on desegregation and housing discrimination (Wright and Jacobs 36).