Debate has been firm, and there has been major controversy surrounding affirmative action since its introduction. Affirmative action was first established by President John F. Kennedy on March 6, 1961(WM. Bradford Reynolds,1992,p.39). Controversy surrounding affirmative action is due to its questioning of constitutionality. Affirmative action conflicts with the equal protection clause. The debate is whether Affirmative action (provides opportunities to excluded groups over other groups) conflicts with the equal protection clause (requires all individuals to be treated equally under the law in the same jurisdiction). During the civil rights movement affirmative action was created to provide opportunities to excluded minority groups. There is debate in the constitutionality of affirmative action for its possible confliction between the equal protection clause of the fourteenth amendment. Both sides argue on different implications and reasons for its constitutionality. Amongst the various issues of affirmative action violating the equal protection clause the most notable issues are in education and employment. Affirmative action interferes and benefits both the education and employment system of the United States. The issues that are presented are various in results because of the complexity of defining the constitutionality of affirmative action as it possibly violates the equal protection clause. Affirmative action is a policy that dictates that any organization under the jurisdiction of the United States must enforce and engage in improving opportunities for minorities and excluded groups, regardless of race, sex, creed, color, or national origin(WM. Bradford Reynolds,1992,p.39). The constitutionality of affirmative action is a... ... middle of paper ... ...l of American Studies, Vol 2, Issue 2 (Fall 2013) Alexander, L. (1998). Affirmative action and legislative purpose. Yale Law Journal, 107(8), 2679. Maltz, Leora. Affirmative Action. Farmington Hills, MI: Greenhaven, 2005. Print. Nieli, Russell. Racial Preference and Racial Justice: The New Affirmative Action Controversy. Washington, D.C.: Ethics and Public Policy Center, 1991. Print. Suthammanont, V. (2005). JUDICIAL NOTICE: HOW JUDICIAL BIAS IMPACTS THE UNEQUAL APPLICATION OF EQUAL PROTECTION PRINCIPLES IN AFFIRMATIVE ACTION CASES. New York Law School Law Review,49(4), 1173-1230. Affirmative Action: Past, Present, and Future Peter H. Schuck Yale Law & Policy Review , Vol. 20, No. 1 (2002), pp. 1-96 Published by: Yale Law & Policy Review, Inc. "Affirmative Action: Overview." Affirmative Action: Overview. N.p., n.d. Web. 30 Nov. 2013. Web.
As a result, this paper reasons 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 itself should be permitted to be used in case the state once again unfairly discriminates social groups.
We all have heard regarding the controversial arguments and debates regarding whether affirmative action is valid under U.S. Constitution. Before discussing whether to support or refute affirmative action, there is a need for all of us to know what affirmative action really is. By definition, affirmative action policies are those institutions and organizations vigorously engages in an effort work of improving the lives of minorities in the United States (NCSL). This means that institutions attempt to find ways to provide groups that have been historically excluded from American society equal accesses to public necessities such as education, salary pay, and so forth. To me, the application of the affirmative action in the society we live in clearly violates the Fourteenth Amendment, which forbids authorities to “deny...any person within its jurisdiction the equal protection of the laws” (The Library of Congress). Throughout this research paper we will go into details and explain four reasons why affirmative action violates the Fourteenth Amendments and should be unconstitutional. These reasons are as follows: the development of reverse discrimination, the creation of stigma against women and minorities, the buildup of racial tension, and the fact of attempting to solve a racial problem that no longer exist.
Over the past 15 years tremendous awareness has been raised around this and programs of preferential treatment emerged. These programs ensured equal rights for people of color and females in the work place, allowing for them to apply for executive level positions and earn the same amount of money, benefits, and prestige as a white male ensuring equality for all race and sex. Lisa Newton argues that, “reverse discrimination does not advance but actually undermines equality because it violates the concept of equal justice under law for all citizens. In addition, to this theoretical objection to reverse discrimination, Newton opposes it because she believes it raises insoluble problems.” Among them are determining what groups have been sufficiently discriminated against in the past to deserve preferred treatment in the present and determining the degree of reverse discrimination that will be compensatory. Newton outlines the importance of ensuring her argument is recognized as logically distinct from the condition of justice in the political sense. She begins her argument for reverse discrimination as unjustified by addressing the “simple justice” claim requiring that we favor women and blacks in employment and education opportunities. Since women and blacks were unjustly excluded from such opportunities for so many years in the not so distant past, however when employers and schools favor women and blacks, the same injustice is done. This reverse discrimination violates the public equality which defines citizenship and destroys the rule of law for the areas in which these favors are granted. To the extent that we adopt a program of discrimination, reverse or otherwise, justice in the political sense is destroyed, and none of us, specifically affected or no is a citizen, as bearers of rights we are all petitioners
Affirmative action refers to policies established to benefit the under-represented minorities in the fields of education, employment and culture. This is meant to avert the historical discrimination on the basis of religion, color, national origin or sex during hiring process. Implementation of these policies may encompass preferential selection in the job market. This results in mixed reactions and opinions from the public generating a lot of controversies.
Fryer, Roland G. Jr., and Glenn C. Loury. 2005. "Affirmative Action and Its Mythology." Journal
Jones, Ed. “Is affirmative action necessary? NO: It’s time to judge on merit.” Denver Post 24 July 2003: B,07.
Rosenfeld, Michel. Affirmative Action and Justice: A Philosophical and Constitutional Inquiry. New Haven: Yale. 1991.
Affirmative action is the process of improving employment, hiring, and admission practices for groups previously discriminated against. Executive Order 10925 issued by President John F. Kennedy in 1961 created the Committee on Equal Employment Opportunity and introduced affirmative action to the country. Affirmative action is a way of compensating for the previous 345 years of slavery and legalized discrimination. Higher education has been utilizing affirmative action in their admission processes since the 1960’s. (Stewart)
Pojman, Louis P. "The Case Against Affirmative Action." Csus.edu. N.p., n.d. Web. 19 Apr. 2014.
Affirmative action is a much debated topic based on the efforts of our government to overcome prejudicial treatment through inclusion. Affirmative action is a way of helping minorities in our country get jobs and avoid racial injustice. Many large companies have increased their employment of minorities after adopting these policies (Plous).
In 1961, the notion of affirmative action was first appeared when President John F. Kennedy asked government contractors to take “affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.1” Kennedy originally spoke of "affirmative steps" to prevent discrimination, suggesting general efforts to reach out to minority groups. However, the term is not defined or explained further; there is no indication that a specific policy was intended. Yet, by 1978, the first controversy in college admissions arose in the Bakke v. Regents of the University of California case. Since then, questions about whether or not affirmative action increases equality i...
Affirmative Action has been an issue of contention since its inception during the Civil Rights struggles of mid 20th century America. Discrimination could no longer be tolerated and the Unites States government had an obligation to encourage equality at all levels of the social infrastructure. The main type of discrimination being addressed by Affirmative Action programs was racial discrimination. The Merriam Webster dictionary defines racism as: ‘a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race.’ The Civil Rights Act of 1964, which prohibited discrimination of any kind, laid the foundation for the introduction of Affirmative Action programs. In 1965, Lyndon Johnson signed an executive order requiring government contractors to diversify its staff by hiring more members of the minorities. President Nixon implemented a system in which the government could monitor the progress being made by businesses in hiring minorities. Eventually, high level educational institutions would also see the need for Affirmative Action and the benefits of a diverse student body. Affirmative Action was designed to overcome the issue of discrimination in education and the workplace by giving less fortunate members of the minority an opportunity to level the playing field and achieve success similar to that of their counterparts in the majority. Affirmative Action programs, which encourage the inclusion of minorities in education and at all levels in the workplace, are vital in the effort to eradicate discrimination and provide equal opportunity.
After long years of suffering, degradation, and different sorts of discrimination which the disadvantaged group of people had experienced, the “Affirmative Action Law” was finally passed and enforced for the very first time on September 24, 1965. The central purpose of the Affirmative Action Law is to combat racial inequality and to give equal civil rights for each citizen of the United States, most especially for the minorities. However, what does true equality mean? Is opportunity for everyone? In an article entitled, “None of this is fair”, the author, Mr. Richard Rodriguez explains how his ethnicity did not become a hindrance but instead, the law became beneficial. However, Mr. Richard Rodriguez realized the unfairness of the “Affirmative Action” to people who are more deserving of all the opportunities that were being offered to him. Through Mr. Rodriguez’s article, it will demonstrates to the reader both favorable, and adverse reaction of the people to the Affirmative Action, that even though the program was created with the intention to provide equality for each and every citizen, not everyone will be pleased, contented, and benefit from the law.
Today there is considerable disagreement in the country over Affirmative Action with the American people. MSNBC reported a record low in support for Affirmative Action with 45% in support and 45% opposing (Muller, 2013). The affirmative action programs have afforded all genders and races, exempting white males, a sense of optimism and an avenue to get the opportunities they normally would not be eligible for. This advantage includes admission in colleges or hiring preferences with public and private jobs; although Affirmative Action has never required quotas the government has initiated a benefits program for the schools and companies that elect to be diversified. The advantages that are received by the minorities’ only take into account skin color, gender, disability, etc., are what is recognized as discriminatory factors. What is viewed as racism to the majority is that there ar...
According to the Encyclopædia Britannica, affirmative action is “an active effort to improve employment or educational opportunities for members of minority groups and women.” However, despite its well-intentioned policies, it has been the source of much controversy over the years. Barbara Scott and Mary Ann Schwartz mention that “proponents of affirmative action argue that given that racism and discrimination are systemic problems, their solutions require institutional remedies such as those offered by affirmative action legislation” (298). Also, even though racism is no longer direct, indirect forms still exist in society and affirmative action helps direct. On the other hand, opponents to affirm...