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Civil rights act of 1964 affirmative action
The impirtance of affirmative action
Civil rights act of 1964 affirmative action
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On January 21, 1971with a vote of 9-0, the Supreme Court reversed the ruling of both lower courts. The opinion of the court was delivered by Justice William O. Douglass. The court did not rule a violation of the Equal Protection Clause but did rule a violation under “Section 601 of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in any program or activity receiving federal financial
Notаbly absent from the opinion, as it was in Plessy, is any citаtion to a Supreme Court cаse that considered whether the prаctice of segregating schools was a violation of the Fourteenth Аmendment. It was an open question for the Court. The Court аdmitted that the precedent to which it cited involved discriminаtion between whites and blacks rаther thаn other rаces. However, the Court found no аppreciable difference here—"the decision is within the discretion of the state in regulating its public schools, and does not conflict with the Fourteenth Аmendment."
n the Supreme Court case University of California v. Bakke in 1978, Allan Bakke, a white applicant, was denied admission to the University of California, Davis Medical School because he was white, although he had great MCAT, GPA, and test scores he was denied twice, because the school was using “racial quotas” during admission and had “reserved 16 out of 100 seats in its entering class for minorities, including "Blacks," "Chicanos," "Asians," and "American Indians"’’("Regents of the University of California v. Bakke. " West's Encyclopedia). Bakke sued the University of California for using “racial quotas” as well as claiming that the schools admission processes was a violation of “Title VI of the Civil Rights Act of 1964 and the Fourteenth
The U.S. Supreme Court Case Regents of the University of California v. Allan Bakke was officially decided June 28, 1978. The case addressed the issue of use of affirmative action in university admissions processes. Affirmative action, also referred to as positive discrimination, was a result of the Civil Rights Movement of the 1960s, and was intended to ensure equal entry to educational institutions or employment entities to certain groups that “have historically suffered invidious discrimination” (Janda et al., 477). However, sometimes this method causes discrimination of other groups, through establishment of racial quotas. University of California employed the process of affirmative action and instituted racial quotas in its admissions
Katznelson’s argument that affirmative action policies were enacted with purposeful, deliberate discrimination is convincing. Namely, he considers the historical context that would have shaped Americans at the time and swayed their opinions. For example, Katznelson references the Civil War and the end of slavery, and how these events shaped the attitudes of key players like the Southern Democrats, which would then result in the faulty policies that perpetuated affirmative action’s favoritism of whites. His evidence is sufficient as well. Katznelson highlights the trend of Southern Democrats interfering in affirmative action policies and the footholds they had in specific acts.
In Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university 's use of racial "quotas" in its admissions process was unconstitutional, but a school 's use of "affirmative action" to accept more minority applicants was constitutional in some circumstances. " The college was asked to at least consider blacks in the admittance of college and they were asked to not use quotas in the admission
Shelby Steele’s perspective about affirmative action is that it’s didn’t help African Americans achieve equality. Continuously, he believes that affirmative action only reinforces the misconception that people should be treated differently according to their outward appearance. Affirmative action is created to improve opportunities for minorities in employment and education. Like any legalization, affirmative action has positive and negative sides, however I disagree with Shelby Steele that negative effect on minorities. In our country, we have decades of racial, economical, and social inequality for minorities, and affirmative action tries to address that disparity.
The ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority
A standard was set into motion for fair treatment in education and work environments that has strengthened the civil rights causes. Affirmative Action is a global mindset with
Decades ago, children of various races could not go to school together in many locations of the United States. School districts could segregate students, legally, into different schools according to the color of their skin. The law said these separate schools had to be equal. Many schools for children that possessed color were of lesser quality than the schools for white students. To have separate schools for the black and white children became a basic rule in southern society.
Civil rights has progressed tremendously since the Civil Rights Act of 1964 was created. My parents grandparents told me stories of how they were treated terribly in sweatshops, and were deterred from seeing a Bruce Lee movie because of all the mocking they would receive. Thankfully, discrimination towards any type of person has rapidly deteriorated in the United States. However, it is still common and is often changing towards different groups. In the past decade, discrimination in America seems to have shifted from women and people of black skin color to Muslims and people with brown middle eastern skin color.
At least four Supreme Court justices believe that affirmative action is unconstitutional. Chief Justice John Roberts has said that “the way to stop discriminating on the basis of race is to stop discriminating on the basis of race”. This viewpoint offers no differentiation between “race consciousness” and “racism”, but is a quite common opinion. This sort of viewpoint is what may drive America towards class-based rather than race-based affirmative action. Because of the disparities in income and wealth, minorities are as likely as whites to benefit under a class-based policy.
Affirmative action is guaranteeing the civil rights of designated groups of people by taking positive action. Justice William J. Brennan jr. said once that it is to protect these groups of people from “The lingering effects of pervasive discrimination.” Affirmative action really started growing after the case of BROWN v. BOARD OF EDUCATION. Even after a decade after Brown, there was still very little change. Therefore legislatures and business executives mandated positive actions to be appropriated to integrate schools.
According to the dominant theory the affirmative action was firstly introduced to deal with two types of social disruption in the 1960s as campus protests and urban riots in the North. However, this article is based on different theory as dominant theory's empirical evidence is limited. It examines the initial reason for advent of race-conscious affirmative action in 17 undergraduate institutions in the United States. And according to the research this article concludes that there were two waves that contributed to affirmative action: 1) first wave in the early 1960s introduced by northern college administrators 2) second wave in the late 1960s introduced as a response to the protests of campus-based students. This article will help me to establish the main reasons for introduction of race-conscious affirmative action in undergraduate
Throughout many of the affirmative action legal cases, one of the main arguments from proponents is that it is necessary in order to right the wrongs of past racial discrimination. Some say that affirmative action is justified because even though white applicants may be more qualified, this is only because they did not face the same hardships as their minority counterparts (Rachels, Ethics, 1973). Many argue if we do not integrate disadvantaged minorities into mainstream social institutions, they will continue to suffer the discrimination that has plagued our country for centuries and that this is detrimental to not only the minorities but also society as a whole (Anderson, 2002, 1270–71). However, the debate has recently shifted to the benefits of diversity in the classroom which the Supreme Court has affirmed as being a positive thing
