California Vs Bakke Case Study

California Vs Bakke Case Study
Regents of California v. Bakke (1978) (1) Constitutional Question: Is the medical program of the University of California, giving different standards to
minority's, in violations of the Equal Protections Clause of the Fourteenth Amendment and the Civil Rights Act or 1964? (2) Background Information
In 1978, the Medical program of the University of California had a dual admission's program, one fore regular students and one for minority's. The
applicants for the minorities did not have to meet the standards that the regular admissions did. The special program was offered to African Americans,
American Indians, Asians, and Espanics, but no white students were admitted. When Allan Bakke, a white male, submitted his application, he was
rejected
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Allan Bakke's Argumentative Essay
Allan Bakke recorded suit in the wake of discovering that minority competitors with bring down capabilities had been admitted to medicinal school
under a program that saved spaces for "impeded" candidates. The California Supreme Court requested the school, the State–run University of
California, to concede Bakke. The college at that point engaged the United States Supreme Court.
A fragmented Supreme Court confirmed the judgment requesting Bakke's admission to the therapeutic school of the University of California at Davis
and refuting the school's uncommon confirmations program. In any case, the Court did not disallow the school from considering race as a factor in
future affirmations choices. Equity Lewis Powell, Jr., declared the Court's judgment. Four judges ... Show more content on Helpwriting.net ...
Equity Thurgood Marshall contended that race could legitimately be considered in a governmental policy regarding minorities in society program, an
arrangement of finding a way to cure the impacts of past segregation. "In light of the grieved history of separation and its overwhelming effect on the
lives of Negroes, bringing the Negro into the standard of American life ought to be a state enthusiasm of the most astounding request. To neglect to do
as such is to guarantee that America will perpetually remain a separated society. I don't trust that the Fourteenth Amendment expects us to acknowledge
that destiny."
The lawful effect of Bakke was decreased by the contradiction among the judges. Since the Court had no single greater part position, the case couldn't
give clear direction on the degree to which schools could consider race as a major aspect of a governmental policy regarding minorities in society

Race To Equality Essay
Race to Equality
In 1959, 55.1% of the black population were living in poverty. (Historical Statistics of the United States: Millennial Edition) It is known that colored
people were not privileged, or even treated respectably as human, until the civil rights movement took place. Many situations were found where
judgment among humans of a different race, other than white, were unfair. Three cases in the Supreme Court concerning colored races were unjustly
ruled during the Civil Rights movement: Swann v. Charlotte–Mecklenburg Board of Education, Loving v. Virginia, Regents of the University of
California v. Bakke.
In the case of Swann v. Charlotte–Mecklenburg Board of Education, Swann did not think that it was fair to segregate students in school. Furthermore, ...
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This case, Loving v. Virginia, denied a black woman and a white man to marry. Ignorantly overlooking this law, Mildred and Richard Loving thus
decided to wed anyway. This caused them both to receive a year of prison, which they thought was quite unfair. After taking their trial to the Supreme
Court, the state of Virginia verdicts that "a felony for a white person to intermarry with a black person or the reverse."(Loving v. Virginia) The case of
Loving v. Virginia greatly impacted the Civil Rights Movement by allowing interracialmarriage.
Regents of the University of California v. Bakke was a case that encouraged equality throughout the education system. The Davis Medical School
allows 100 applicants into the school, 16 being of minorities, or colored races. Bakke was denied entry into the Davis Medical School: "despite having
scores higher than minority student admitted into the school under a special quota system."(Regents of the University of California v. Bakke) This
experience encouraged people to create equality between the races, consequently adding to the Civil Rights

Why Is Affirmative Action Unconstitutional
Many American children grow up in lower class neighborhoods, and are poorly educated in underfunded schools. These children receive little–to–no
support at home, financially or educationally. Lower–class families live day–by–day and paycheck to paycheck, causing them to become unable to
provide a stimulating environment for their children to prosper. Some of these children are naturally bright and talented, but are held back due to their
environment and lack of funds. Affirmative Action gives hope to young students of these backgrounds, to allow them a chance to achieve higher
education. Although Affirmative Action has helped many people from low–income backgrounds succeed in the United States, some Americans are
petitioning for its repeal. A current Supreme Court case that endangers Affirmative Action is Fisher v. University of Texas. This case questions if
Affirmative Action is unconstitutional. The United States Supreme Court will be soon reviewing Affirmative Action and making an adjudication due
to this case. I do not believe that the Supreme Court should declare Affirmative Action unconstitutional, because it is aligned with the fourteenth
amendment guaranteeing all Americans equal opportunities, by allowing minorities with lower class backgrounds the right to attend American
Universities. Without ... Show more content on Helpwriting.net ...
In 1896 "Plessy v. Ferguson," the Supreme Court agreed that segregation was constitutional as long as the facilities were "separate but equal." Plessy
v. Ferguson was overturned by the Supreme Court in 1954, when the Court agreed that separate facilities could never be equal in "Brown v. Board of
Education." The justices realized that segregation violated the fourteenth amendment and contended that "no State shall make or enforce any law
which shall abridge the privileges or immunities of

The Importance Of Desegregation In Public Schools
Have you ever thought about how much history has changed since the dark days? The civil rights act of 1964 finally ended segregation in public
places. The civil rights was first proposed by president John F. Kennedy, despite all the oppression from southern council members. Swann v.
Charlotte–Mecklenburg board of education. Presented to the Supreme Court in 1971 this case was to determine wether the respondents idea of the
desegregation plan was an effective and reasonable attempt."The constitutional mandate to desegregate public schools did not require all schools in a
district to reflect the judgement of the district's racial composition, but the existence of all–black or all–white schools must not be shown to be the
result of segregation... Show more content on Helpwriting.net ...
During the year 1968 until 1969 more than 84,000 pupils were served in the school system. "Approximately two–thirds of the Negro children attended
schools which were entirely Negro or more than 99% Negro. Guarantee to an order of a federal district court, the school board adopted a desegregation
plan for elementary schools..." Brown v. Board of education was a milestone for the Supreme Court. This case decided that racial segregation in schools
was unconstitutional. This case signaled the end of legalized
Futch 2 segregation in the schools of the United States. This case overruled the "separate but equal" principle set fourth from the Plessy v. Ferguson
case. May 17th, 1954 the Supreme Court immediately decided that the case of Brown v. Board of education was a violation of the 14th amendment,
making it unconstitutional. "Arguments were to be heard during the next term to determine just how the ruling would be imposed. Just over one year
later, on May 31, 1955, Warren read the Court's unanimous decision, now referred to as Brown II, instructing the states to begin desegregation plans
"with all deliberate speed." Although there were two unanimous votes against this ruling along with all the resistance against the supreme courts ruling

Legal Expert Paper : Affirmative Action
Legal Expert Paper: Affirmative Action
Ashley Dantzler
Daniel Harris
DaWayne Nettles
Tiffany R. Pickard
Columbia College
Affirmative action is an outcome of the 1960 's Civil Rights Movement, intended to provide equal opportunities for members of minority groups and
women in education and employment. In March1961, President Kennedy was the first to use the term "affirmative action" in an Executive Order that
directed government contractors to take "affirmative action to ensure that applicants are employed and those employees are treated equally during
employment, without regard to their race, creed, color, or national origin." The Executive Order also established the President's Committee on Equal
Employment ... Show more content on Helpwriting.net ...
They are not meant to guarantee equal results –– but instead proceed on the common–sense notion that if equality of opportunity were a reality, African
Americans, women, people with disabilities and other groups facing discrimination would be fairly represented in the nation 's work force and
educational institutions. With affirmative action in position, policies are needed for guidance and fairness.
Affirmative action policies initially focused on improving opportunities for African Americans in employment and education. However, eight states
currently ban race–based affirmative action at all public universities. California, Washington, Michigan, Nebraska, Arizona, and Oklahoma all passed
bans through voter referenda. Affirmative action policies that were previously successful in improving representation of blacks and other
disadvantaged students are now either dismantled or greatly restricted. Ironically, African Americans who were at the forefront of the successful
struggle to open America 's colleges and universities to more diverse participation now face exclusion from California 's and the nation 's most
prestigious institutions. Hispanic and African Americans enrollment at the University of California, Berkeley, and the University of California, Los
Angeles dropped sharply after voters approved a statewide ban on affirmative action. Those numbers have not recovered, even as the state's Hispanic

population has grown. Affirmative action refers to

Essay on Racial Preferences and the Constitution
Racial Preferences and the Constitution
The Constitution has survived two World Wars, a Civil War, and even slavery. This piece of paper was written to limit government in our lives and
proclaim our rights as individuals. Through the course of time, Amendments have been added to aid in current events that were not foreseen when the
Constitution was originally written. Sixteen presidents after the Constitution was written, slavery was abolished and the Thirteenth Amendment was
passed.. Three years later came the Equal Protection clause in the Fourteenth Amendment and two years after that, theSupreme Court addressed voting
rights in the Fifteenth Amendment.
The decisions in Plessy and Brown are similar because of how ... Show more content on Helpwriting.net ...
Does the new standard mean that the Court has adopted a color–blind theory of equal protection, holding in effect that any racial classification by the
government is unconstitutional, that no governmental unit may take race into account except to cure a plain constitutional violation of equal
protection? Has the Court overruled Regents v. Bakke, the charter for affirmative action in higher education?
In Bakke v Regents of the University of California, we have a landmark reverse discrimination case that influenced education as a whole. Bakke was
rejected from graduate school even though he had superior scores than many of the African–American applicants who were admitted. Bakke challenged
the University of California and overturned the quota system that had been established in public universities across the nation. The University of
California held on to the belief that black people should have access to black doctors. However, if the University were to go on a sole merit system
then the number of special admittees would diminish along with the aforementioned belief. This belief was quickly altered by the Supreme Court with
their decision against the University.
While the approach the Courts use is meant to be color blind, the outcome is anything but color blind. This can be seen through an examination of the
equal protection jurisprudence of Justice O'Connor, the pivotal swing vote on these issues in the last decade and author of the

Discrimination In Court Cases
Every mystery novel needs a detective. They are the ones who investigate, gather clues, and eventually solve a crime. During their odyssey for the truth,
detectives get to carefully examine every nook and shadow in hopes of finding something that points them in the way to the solution. Under Article III
of the Constitution, the United States of America was given a detective: The Supreme Court. This court, when searching for a constitutionally based sign
telling the justices to vote one way or another, can subject the petitioner or respondent to the highest level of analysis – strict scrutiny – to see if the
actions of one party was permissible by law. One such case that required the justices to apply strict scrutiny was the Regents of the University ... Show
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One long–term effect was that both California and Washington adopted constitutional amendments denying preferential treatment based on race or sex
in governmental programs. On the other hand, a short term effect was that with the new "race blind" application system, the entering class at UC
Davis Medical School in 1998 only had five African Americans and three Hispanic students, and the entering class at the university's law school in
Berkeley that same year contained not a single African American student. Because of the sudden drop in admitted minorities, the decision of the court
only furthered the controversy of Affirmative Action, and if a "quota" based application is necessary. After winning the case, Bakke went on to
graduate from the school and received his medical degree in

Race and The Affirmative Action Policies
The utilization of race in affirmative action policies in higher education has been a topic of contention for several decades now. Since the passing of
the Civil Rights Act of 1964, we have seen some of the most heated debates over the fairness of affirmative action and the impacts on society the
utilization of race creates. With such pending questions on fairness and of the constitutionality of affirmative action policies two major Supreme Court
cases have arisen, University of California Regents v. Bakke and Grutter v. Bollinger, both impacting university admissions policies throughout the
country and setting precedent in following rulings. Following the two rulings of these cases, I argue that affirmative action and the utilization of ... Show
While it was a milestone in the path of racial equality pushed for by the Civil Rights Movement, Critical Race Theory (CRT) states that the reason the
act was actually passed at the time was not just because of the growing momentum of the progressive civil rights agenda but because America's image
in the international community was tainted by the racism so obviously seen in the United States. The United States was championing freedom and
democracy abroad in its fight against communism but international leaders saw and criticized the behavior of the U. S. at home. The
interest–convergence principle clearly shows that the white European Americans supported such policy where the benefits received from a more
tolerant image being projected outweighed the rights given to minorities. This principle can be seen in the ruling of the University of California
Regents v. Bakke (1978), where Bakke was admitted into the school while the Court tailored the requirements for the utilization of race in admissions.
University of California Regents v. Bakke questioned whether the University of California Medical School at Davis (UC–Davis) violated the equal
protection clause in the Fourteenth Amendment and the Civil Rights Act of 1964 after it had repeatedly rejected

Argumentative Essay On The Use Of Affirmative Action For...
The University of Texas–Pan American
Essay #3
Anna Salkinder
LSPI
August 6, 2015
For nearly 50 years, the use of affirmative action for college admissions has been a controversial topic. Affirmative action is the policy of favoring the
minority groups in an application pool in order to increase diversity in relation to education or employment. Regents of the University of California v.
Bakke (1978) was a monumental decision upholding affirmative action. A 35 year old white man, Allan Bakke applied to the University of California
Medical School at Davis, twice, and twice was denied admission. The university held 16 spots under their "special admissions program" for minorities
in each entering class in order to promote diversity. Bakke's scores exceeded those of the minority applicants that were admitted in the two years Bakke's
... Show more content on Helpwriting.net ...
Sander's Stanford Law Review article he states "A student who gains special admission to a more elite school on partly nonacademic grounds is
likely to struggle more, whether that student is a beneficiary of a racial preference, an athlete, or a "legacy" admit" (Richard H. Sander, Vol57.367). I
disagree because it cannot be determined whether a student will struggle in school based on the way in which they were accepted. A student may excel
in Law School although their undergraduate scores were not excellent. One is unable to score the performance of a student until they have completed
courses within that school. When addressing this issue, I agree with Elizabeth S. Anderson's stance in her New York University Law Review article.
She states that eliminating affirmative action "causes ignorance of the different life circumstances and interests of marginalized groups, enabling
policy decisions to be made that disregard the impact on those not present" (Elizabeth S. Anderson, Vol77.1195). When eliminating the policy, we are in
essence eliminating the need for racial tolerance and

Essay about Affirmative Action and Higher Education
Affirmative Action and Higher Education
Two people stand in a room looking at a vibrant painting and receive a totally different image. This is something we all realize can happen. It is our
different perspectives that make us valuable too each other. When trying to solve a problem or create a new idea, we need each other to bring forth
considerations and concepts that would never occur otherwise. This concept is something most of us grasp in theory, yet it never ceases to confound
and confuse us if someone draws a conclusion tangent from ours when presented with the same information. This situation lies at the heart of the
argument over affirmative action. Policies that are viewed by some as righting past wrongs are viewed by ... Show more content on Helpwriting.net ...
Having done so it would still need to be narrowly tailored so as not to unduly injure any associated groups or individuals. Powell determined that
attaining a diverse student body in an institution of higher education was a compelling state interest. In order to be narrowly tailored to this interest, the
institution should use race as a "plus" factor. The quota system that the University of California applied set aside positions for minority students and
focused on having a diverse statistical surface rather than attaining actual diverse backgrounds. Rather, as was done at Harvard, it was expected that all
students should be considered together and race used as a bonus for minorities that would help account for the special perspective such students could
bring to the campus (Schauer 589–597). While Powell's outline for programs had plenty of dissenters, none of them ever made it to a prominent
position in the court system and so, since 1978, the rules of Bakke have been the proverbial law of the land. That is, until recently.
In 1994, a new case, Hopwood v. The University of Texas, was ruled on by the circuit court and interpreted in such a manner as to effectively end
affirmative action in higher education for the states of Texas and Louisiana. The plaintiffs for the case were four applicants to the law school of The
University of Texas, each of whom were denied admission while minority applicants with lower

The Study of Affirmative Action Essay
The Study of the Supreme Court Cases Regarding Affirmative Action The history of majority rights in the United States goes all the way back to the
creation of the United States constitution. Although barely acknowledged at the time, it has become the contemporary issue of the United States
starting with the Civil War. To this day civil rights are still being fought for and discrimination still occurs all over theUnited States; however,
affirmative action is one of the main victories minorities have gained in their sermon for equal rights. First initiated in the 1960s with President John F.
Kennedy's Executive order number 10925, the equal employment opportunity for all races was implementing the civil rights act. It was again reaffirmed
... Show more content on Helpwriting.net ...
After the second rejection, the plaintiff, Allan Bakke, decided to sue the defendant, University of California, on the basis of the fourteenth
amendment and Title VI of the Civil Rights Act of 1964. Allan Bakke claimed that the University of California's quota system on minorities was
violating the fourteenth amendment while also saying that he was getting discriminated against because of his skin color or a case of reverse
discrimination (Stewart 2014). His case first went to the Yolo County, California district court where the court ruled in favor of Bakke completely
(Baldwin 2009). The use of race in admission processes was now not allowed in the state of California. It was appealed and accepted by the Supreme
Court and is known as Regents of the University of California v. Bakke.
Allan Bakke had a lot going against him with the United States just starting to recover from the civil rights movement and University of California's
point of argument which made their quota system sound like a philanthropy effort. They claimed that their quota system would get more physicians
practicing in minority communities, and it counteracted the history of discrimination minorities in medical schools and other medical professions
(Streetlaw 2014). Allan Bakke also did not have evidence that he would get accepted into the

Affirmative Action Essay 34
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...
The special admissions programs purports to serve the purpose of: (i) reducing the historic deficit of traditionally disfavored minorities in medical
schools and in the medical profession; (ii) countering the effects of societal discrimination; (iii) increase the number of physicians who will practice in
communities currently undeserved; and (iv) obtaining the educational benefits that flow from an ethnically diverse student body (266). The reasons for
having these special admissions are to increase the number of minorities and to have them represent their community. To some people, they might ague
that Affirmative Action gives certain advantages to certain people and it is unfair. Affirmative Action was started when the University first got started.
Students that possesses athletic skills, the children of alumni, the powerful, connections with celebrities, and the famous has higher chances of getting
in the University over other people (290). Not only that Affirmative Action was unfair during that time, it left out the minorities not giving them equal
opportunity to receive the education they deserved. Therefore, Affirmative Action violates the Fourteenth Amendment. Affirmative Action gives
privileges to certain groups and leaving out certain groups not able to succeed without special protection. There's nothing in the Constitution that says
"A" should suffer a burden because society has hurt "B." Although the Blacks had been discriminated

Resistance To Affirmative Action
Resistance to affirmative action has existed from the time it was introduced (Allen, 2011; Kaufmann, 2007), and in many instances, the U.S. Supreme
Court has played a crucial role in determining the extent to which it can achieve its original goals (Zamani & Brown, 2003). One of the earliest cases
to challenge the use of affirmative action was DeFunis v. Odegaard (1973), of which the court found the University of Washington Law School's use
of race in admissions to be unconstitutional (Platt, 2007; Zamani & Brown, 2003). The law school was accused of having separate admissions
procedures for students of color by giving less weight to their predicted first–year averages. As such, DeFunis argued that underqualified students of
color had been ... Show more content on Helpwriting.net ...
Kirwan (1994), a federal court ruled on the constitutionality of race–based merit scholarships. In this case, the merit–based Benjamin Banneker
Scholarship, earmarked for African American students, sought to attract academically talented African American students to the University of
Maryland at College Park. The court ruled it was not permissible to maintain separate financial merit awards according to race (Shapiro, 1995),
illustrating the increasing difficulties postsecondary institutions faced to designate a fellowship or scholarship specifically for racial/ethnic minorities
(Platt, 2007). In fact, efforts to prohibit affirmative action in the United States really ramped up in the mid–1990's. For instance, in 1996 the Supreme
Court upheld California's Proposition 209, an amendment to the state constitution that banned both discrimination and affirmative action programs
that give preferences to groups or individuals based on their race, gender, color, ethnicity, or national origin. To that end, race could not be used as a
consideration (e.g., admissions and hiring decisions) in public education (Alvarez & Bedolla, 2004). In addition, in Hopwood v. Texas (1996), the
Fifth Circuit Court of Appeals issued a decision ending affirmative action in both private and public college admissions in Texas, Louisiana, and
Mississippi. More litigation continued in 1997 (Gratz v. Bollinger and Grutter v. Bollinger) that challenged the use of affirmative action in
undergraduate and law school admissions, and in 1998, Washington voters passed Initiative 200, a nearly identical policy to Prop. 209. In 1999,
Florida Governor Jeb Bush pre–issued an executive order ending consideration of race and ethnicity in public college and university admissions, public
employment, and government contracting. Such attacks on affirmative action policies are prompting colleges and universities to abandon
race–sensitive programs, such as scholarships, academic enrichment programs,

Essay On The Equality For All Act
DISCUSSION The state of North Carolina infringed upon Joe Smith's 14th Amendment rights. In addition to this, the state disregarded their own
statute recognized as "The Equality for all Act." North Carolina violated this statute by discriminating against Joe Smith based on his race, gender,
national origin, religion, and financial means. This will be substantiated by exercising three components, strict scrutiny (race, national origin, and/or
religion), intermediate scrutiny (age and/or gender), and rational basis (everything else). # 1. Strict scrutiny: A socially non–discriminating law that is
implemented in a discriminatory modus operandi on the basis of race, is an infringement on the Equal Protection Clause of the 14th Amendment....
Washington Superior Court sided with DeFunis and instructed the University of Washington Law School to admit him in the fall of 1971. The
Washington Supreme Court reversed this ruling of the prior court. With this in mind, the law school had done nothing unconstitutional. In regards
to, their admissions policy. In DeFunis v Odegaard, 416 U.S. 312 (1974) did the law school deny DeFunis equal protection. The simple answer
would be yes, nonetheless, because he was in his last year and going to receive his degree anyway, the case was ruled moot. Supreme Court Justice
Brennan dissented from this case. Under the pretense that, if DeFunis flunked out of school or became ill and could not return, he would have to go
through the admissions process all over again. In addition to this, ruling the case not moot would save the court from repetitious litigation in future
cases. Consequently, this would not be the last time that the University of Washington Law School would racially discriminate against an individual.
See Smith v. University of Washington Law School, 392 F.3d 367 (9th Cir. 2004). In a news release, "The Washington State Office of the Attorney
General" stated that, "The Smith case stems from a former UW Law School admissions policy under which the school sought to promote ethnic
diversity in the student body by considering an applicant's race as one of several "plus factors" in decisions on law school admissions". Even though,
race or nationality

Consideration Of Race For College Admissions Process :...
TO: Dr. Alisa Smith
FROM: Drew Carff
DATE: April 7, 2016
RE: Consideration of race in college admissions process – Fisher v. Texas
FACTS
Abigail Fisher, a Caucasian Texas resident, applied for admission to the University of Texas at Austin. She applied for the entering class of fall 2008.
The University rejected her application. Fisher graduated from another university in May 2012.
In 1997, Texas passed the Top Ten Percent Plan into law. The law guarantees admission to Texas residents that graduate in the top ten percent of their
high school class. The plan took up 81% of the seats available for Texas residents in the 2008 class. For those that do not qualify for the Top Ten
Percent Plan, the University of Texas at Austin implements a Holistic Review Program. The Holistic Review is an evaluation based on a student's
achievements and experiences. The evaluation culminates with an Academic Index (AI) that is based on standardized test scores, class rank, and high
school coursework. The university determined that Fisher's AI scores were too low for admission.
ISSUE
I.Whether the consideration of race in the admissions process is a violation of the Equal Protection Clause of the Fourteenth Amendment. The clause
dictates that individuals of similar backgrounds and situations should be treated comparably.
II.Whether the University's consideration of race is narrowly tailored to a principled, detailed diversification goal. A university's approach, actions, and
goals must be

Affirmative Action Case Study
The use of affirmative action admissions practices in the United States' colleges and universities has been a source of contentious public debate and
legal battles since the policy's inception in the 1960s (e.g., Hopwood v. University of Texas Law School, 1996; Grutter v. Bollinger, 2003; Regents of
the University of California v. Bakke, 1978) (Bernhard et al., 2013). One of the first affirmative action cases that were brought to the Supreme Court
was in the Regents of University of California v. Bakke (1978), the Supreme Court ruled that a university's use racial quotas in its admissions process
was unconstitutional, but a school's use of affirmative action (Bernhard et al., 2013). The University of California, wanted to increase its diverse in the
classrooms by reserving some of its seats in the Davis School ... Show more content on Helpwriting.net ...
The increase in the amount of funds to different minimized communities on college campus and additional project as led there being an increase in
tuition cost to students. Every year the students and parents fear what has become the expected yearly tuition increase at public and private university
across the United Sates (Lark, 2012). Through there is more access to higher education because college and universities are actively recruiting
students from all walks of life. The access has increased however the cost has increase which means students and parents are not able to afford the
cost of higher education. States are now trying to control those tuition hikes with new laws and policies. It is essential college and universities have
access to education nonetheless it is excepted colleges and universities utilized as a tools they have to make sure the tuition cost is

What Is Race-Based Affirmative Action?
The implementation of race–based affirmative action policies for college admission has been a controversial issue that has made its way into Supreme
Court cases. Some argue that it is to counter racial inequality that minorities have suffered from while others believe affirmative action enforces reverse
racism. The unconstitutionality of affirmative action has gone through the justice system and been addressed by the Supreme Court multiple times in
cases such as Regents of the University of California v. Bakke [1978] and Gratz v. Bollinger [2003]. Changes must be made to ensure all student
applicants are treated fairly in the college admissions process. Racial quota systems in state supported universities violate both the Civil Rights Act ...
Bollinger [2003] , a 43–year–old white female applicant was rejected from the University of Michigan despite being in the 86th percentile nationally on
the Law School Admissions Test. During the litigation, university officials admitted that Grutter would have been accepted into the school if she was
African American, Hispanic, or Native American. The Supreme Court ultimately declared the law school's policy to be legal in a five–to–four
judgement because the justices believed it was "narrowly tailored" to create a diverse student body. The narrow tailoring system has been legalized
but it has been put under heavy scrutiny. An admissions process can't establish quotas for members of certain racial groups or have separate
admissions tracks for different races. This loophole for affirmative action is inefficient

Affirmative Action Thesis
Topic: The Importance of Affirmative Action in the College Admissions Process
Thesis: In order to resolve underrepresentation of African Americans in higher education, affirmative action is needed to promote diversity, improve
students' critical thinking skills, and increase race–consciousness by utilizing race as a factor in college admissions.
University of California Regents v. Bakke, 438 U.S. 265, 98 S. Ct. 2733, 57 L. Ed. 2d 750 (1978).
The Reagents of the University of California v. Bakke is a US Supreme Court case from 1978 that upheld the use of affirmative action and allowed
education institutions to use race a factor in their admissions policy. However, the US Supreme Court decided that the use of racial quotas, such as the
medical ... Show more content on Helpwriting.net ...
William Bowen and Dr. Derek Bok composed one of the most comprehensive studies of different affirmative action programs among universities in the
United States. One of the most crucial findings from their study was that the commonly held "mismatch" theory is false. The mismatch theory arose
from critics of affirmative action who feared that letting African American students into selective universities that had lower test scores would result in
a lower performance than the average student. However, the authors' discovered that black students who attended competitive colleges performed better
than their academically equivalent peers who attended a less rigorous school. This is critical because if affirmative action was not in place, then the
African American students would most likely attend the less selective schools as their academic equivalent peers and would end up having a less
successful outcome. In addition, the study illustrated that African American students who benefitted from Affirmative Action programs in college
ended up having a greater chance at post–graduate

Regents Of The University Of California V. Bakke
S.C.O.T.U.S. Legal Brief
Justin Kaye
Period 2
May 2015
Regents of the University of California v. Bakke (1976)
Facts of the case:
In the early 1970's UC Davis decided to have a dual admissions program for their medical school. The purpose of having two admissions programs
in one would be for regular students and the other one would be for "disadvantaged" students. Minority applicants could now say they were
"disadvantaged" so they were put in the special pool which would make it easy for them to get into the medical program. One major differences
between both programs is that through the "disadvantaged" program you could have lower than a 2.5 and still be eligible to get into the school.
The controversy began when Allan Bakke applied to ... Show more content on Helpwriting.net ...
However, the Superior Court of Yolo County stated that Bakke should not be admitted into the medical school because he failed to show that he would
actually be admitted if there was no special admissions program. Both sides appealed because Regents of the University of California didn 't believe it
was unconstitutional and Bakke wanted to be admitted into the medical program.
The next step was onto The Supreme Court of California. They said the same exact thing that the Superior Court of Yolo County said, however they
said that Bakke should be admitted into the medical program because the University, not Bakke, failed to show that he would not be admitted without
the specialty program. Regents of the University of California appealed this because both courts did not agree with the points that they made.
Petition before the Supreme Court:
Both sides had major arguments and reasons why they thought their side was right. Regents of the University of California said that their special
admissions program helped limit discrimination in our society. Medical schools normally were discriminatory towards minors (by the admission
process based of credentials) so this program helped ease that problem. The Regents of the University of California also stated that the program will
help poor communities by giving them physicians that will want to go and help out the cause of where they grew up. Regents of the

Discrimination in College Admissions
Discrimination in College/University Admissions There can be many factors that determine whether or not you can get into a college. Do you have
the grades, are you involved in your community, have you been convicted. Many questions like those listed above have been commonly asked to
applicants who apply for major colleges universities. However, you are never asked your ethnicity during an interview, usually they give you an
application to fill out and they have a space that allows you to check which race you are. Some people feel as though they may have been
discriminated against because of their race or ethnicity. It may be true for some, but not all cases are alike, in the sense that racial discrimination in
college applicants ... Show more content on Helpwriting.net ...
Colleges might also look at creating a more diverse campus as a way to prevent those lawsuits, because if the media starts getting reports of there
being an overflow of white students at a college or university ran by a white man or woman, they look dubious, and just racist, but if they start
accepting more minorities into their school, spreading a little color over the campus, in a sense, then they look more appealing to applicants who
want that diversity in their dream school. Plus it shows good when schools are being taken to court for discrimination. If they show the statistics,
the numbers, of the racial diversity, then that builds on their case. If they show a pie chart and 75% of the chart is green, and green represents
white for example, then that makes the school look bad, ultimately allowing a jury to see a possibility of discrimination, but if it's near equal for
minorities and whites, etc. , then it's good for the school. Making their case more believable. Debacles like this may never end for years to come
because we need diversity in public places, without it, it would be like the Civil Rights era all over again, and we don't need any more violent protests
like we have today. I

The Pros And Cons Of The Seventh Amendment
The ninth amendment is U.S. citizens are guaranteed their rights that are not listed on the Constitution, such as the right to privacy. Some court cases
that are tied with the ninth amendment is the Griswold v. Connecticut (1965), Regents of the University of California v. Bakke (1978), City of
Richmond v. J.A. Orson Co (1989), Boy Scouts of America v. Dale (2000), and Grutter v. Bollinger.
Griswold v. Connecticut was argued on March 28–29, 1965 and the decision of the Supreme Court was decided on June 7, 1965. It was questioned
whether or not the Constitution protected the rights of marital privacy (limits government intrusion into private family matters) against restrictions for
a couple to receive counseling on using contraceptives. Mrs. Griswold had given counseling to a married couple that had wanted to use birth control
and it was against Connecticut law to do so. The Supreme Court's ruling was that married couples have the right to privacy and the law was declared
unconstitutional as it violated the right of privacy. Married couples have the right to private privacy.
The Regents of the University of California v. Bakke was argued on October 12, 1977 and decision of the Supreme Court was decided on June 26,
1978. It was questioned if the University of California violated the Equal Protection Clause and the Civil Rights Act of 1964 by having an affirmative
action policy that led to repeated rejection of Bakke's application for admission to UC medical school at Davis.

Grutter Vs Bollinger
Regents of the University of California v. Bakke (1978), Grutter v. Bollinger (2003), and Meredith v. Jefferson County Board of Education (2007) are
cases regarding the use of affirmative action programs in schools. In Regents of the University of California v. Bakke, the Supreme Court ruled that the
use of affirmative action in universities is constitutional in certain circumstances, but racial quotas are unconstitutional. In Grutter v. Bollinger, the
Supreme Court ruled that the use of affirmative action in school admission is constitutional if race is treated as one factor among many, the purpose is
to achieve a "diverse" classroom, and it is not an individualized review of the applicant. In Meredith v. Jefferson County Board of Education,

The Case of The Regents of the University of California v....
The Regents of the University of California v. Bakke case in 1978 explored the issue surrounding a young white man's rejection from UC Davis'
Medical School when students with lower grades than him were accepted through a minority benefits program. The young man, Allan Bakke, was
rejected in two successive years before filing suit in the Superior Court of Yolo County, arguing that he had to be accepted to the school since those with
grades lower than him had been accepted through the benefits program. The school claimed that the goal of their minority benefits program was to
further diversify their campus. The program was intended for minority or disadvantaged students, but soon became entirely racially based, which was
evident, since no white students were ever accepted into the program, regardless of any disadvantaged background they may have had. The school had
lower expectations for the applicants in the benefits program, so some of the students accepted through that program were less qualified to attend the
school than some of those who were rejected through the regular applicant process. Bakke was one of those rejected applicants, and felt that his
rejection was unconstitutional according to both the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of
1964. The school argued that they were encouraging diversity and understanding with the benefits program, but the Superior Court of Yolo County
ultimately decided that the

The Constitutional Court Book By Jack Fruchtman Jr.
The Right to "Liberty" and the Right to Equal Protection in the Fourteenth Amendment In the United States Constitution, the Fourteenth
Amendment states "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws." (Law.Cornell) Many of the cases that have been addressed in the Supreme Court book, written by Jack Fruchtman Jr., show
the readers the rulings of the case and if either the Due Process of Law and the Equal Protection of the laws has or has not been applied. In the case
of Plessy v. Ferguson, Homer Plessy was arrested for refusing to sit in a Jim Crow car. In this case, the Due Process Clause was addressed when the
"separate but equal" doctrine was introduced. Because the "separate but equal" doctrine upheld the constitutionality of segregation, the Supreme Court
ruled that the Fourteenth Amendment was not violated. In addition, the Due Process Clause also enforced equality of the two races. As well as the
Due Process Clause, the Equal Protection Clause was addressed in this case because "states could not deprive any person of the Equal Protection
Clause"(wikipedia). In Plessy's arguments, he stated that segregated facilities violate the Equal Protection Clause, and because of what the Equal
Protection Clause states,

Civil Liberties And Civil Rights
Pegnoglou 4
Gavin Pegnoglou Sherry Sharifian GOVT–2305–71433 6 October 2017 Civil Liberties v Civil Rights Civil Liberties and Civil Rights is a pillar for
every American citizen. Civil Liberties are specific individual rights a person has that are legally protected from being violated by the government. 1
Civil Liberties include, but are not limited to, right to privacy, right to vote, right to bear arms, and right to marry. CivilRights provide for the right to
be treated equally without discrimination. An easy way to remember the difference between a Civil Liberty and a Civil Right is that for a Civil
Liberty, focus on what right is affected whereas for a Civil Right, focus on whose right is affected.
2 Civil Liberties and Civil Rights ... Show more content on Helpwriting.net ...
I have observed and experienced different infringements of Civil Rights. During my 8th grade year, my Spanish teacher showed discrimination
against male students by choosing a female student to look over the class every time she stepped out of the classroom. One time, a male student
asked her why she never chose him or a male student from his table. She stated that she trusted girls more than boys because boys were more
likely to horse around and not keep order in the classroom. In my Spanish class sophomore year, my classmates discriminated against me. The
group I was assigned to were all friends of mine who are of different race and culture. When we discussed grades we received on individual
assignments, they would look genuinely surprised that I had achieved a grade as good as theirs. I later asked them why and they told me they did not
think I was as smart as them because I am white.
The ADA is a Civil Rights law passed in 1990 to stop discrimination against people who have a disability in public places such as work, schools, bus
stations and any other place that the public can access. A person with a disability had the right to go to any public place, but until the ADA was
passed, it was very difficult for them to exercise that right. The ADA provides equal opportunities for people with disabilities in the work place as
well. The ADA set a standard for special accommodations so people with disabilities have easier access to

Race-Based Admissions Essay
I do not believe that Harvard violated any part of the Constitution in adopting a holistic admissions approach. Although Harvard may have violated an
ethical code, they are not in violation of the Constitution. Several court cases have set a precedent for universities using affirmative action programs
in their admissions process to create a diverse class, such as Regents of the University of California v. Bakke (1978) and Grutter v. Bollinger (2003).
In addition, there is little basis for the claim that Harvard holds Asian Americans to higher standards. The Supreme Court has set a precedent for
approving race–based affirmative action policies in lawsuits. In most cases, the Equal Protection Clause of the Fourteenth Amendment is cited as being
violated. Historically, the Supreme Court has ruled in favor of the affirmative action programs at these colleges and ... Show more content on
Helpwriting.net ...
In Regents of the University of California v. Bakke, the court claimed that using affirmative action in admission processes was perfectly legal. As
stated by the Supreme Court in Regents of University of California v. Bakke, the racially–based admissions decisions might be valid, however the law
in question did not meet the strict scrutiny test since there was no evidence that those discriminated against by Harvard's admissions policies would
have benefitted had the policies not been in place (Regents of the University of California v. Bakke). Therefore, the court did not find the University of
California to be in breach of the Constitution. The court's decision in Grutter v. Bollinger also approved affirmative action programs in ruling that it
was reasonable for universities to put quotas in place in attempt

Persuasive Essay On Civil Liberties
Chastant 1
Caroline Chastant Sherry Sharifian GOVT. 2305 71433 18 September 2017 Civil Liberties & Civil Rights: Fundamentals for US Government Our
forefathers established the United States of America as a country where democracy reigns supreme and the ideals of freedom and equality lead
society. Now more than ever, the beliefs of our young country are being called into question in the midst of controversial situations and changing
times. Despite the struggles of sticking to age old beliefs, civil liberties and civil rights help stabilize our government.
Americans must continue fighting for democracy and stand firm against any opposition. Though our current system of leadership has entertained
"corporate interests and cemented the ... Show more content on Helpwriting.net ...
Meanwhile, civil rights "refer to the right of every person to equal protection under the laws and equal access to society's opportunities and public
facilities" (Patterson 128). Both measures were put in place to protect from government corruption or dominance in daily life. They serve the
individual or group's personal cause within reason. In contrast, civil liberties are for the individual primarily while civil rights pertain to a group of
people based on race, religion, gender, etc. Unlike civil liberties which have been part of discussion in society since the inception of the country, civil
rights have gained considerable attention in the media over the past 50 years.
Presently, civil rights issues impact life much more than civil liberties. Since basic rules and entitlements have years of experience in society,
attention has turned to the equality for all types of people in America. Fighting for civil rights is very much a current issue, and there is no shortage of
events raising awareness for various causes. "The killing of Trayvon Martin on 26 February 2012 marked a turning point" (Gafney 205) in society and
caused the media to question the balance between races. Some consider the incident as "the impetus that crystallized the Black Lives Matter
movement" (Gafney 205) which has resulted in protests around the country.

Essay On Roe Vs Wade
Roe v. Wade Roe v. Wade was a Supreme Court ruling made in 1973 about the legality of abortion. The essential ruling in the case was the women
could legally have an abortion through the first trimester of their pregnancy and that, after that, abortions could be regulated by the state. The case was
fought by Roe, an unmarried, pregnant women who argued that the ban on abortion went against her rights and privacy This decision was a landmark
one in the Supreme Court due because it ruled abortion as legal, which had never been done before. The Fourteenth Amendment, specifically the due
process clause, was the piece of legislation cited in the ruling of this case. This decision is also important because it is still referenced nowadays.
Bakke v. Regents of CA The case of Bakke v. Regents of California was one in which Bakke, a white applicant to the University, was denied
acceptance even though people of minority ... Show more content on Helpwriting.net ...
It is also important because of the limitations that it placed on the Affirmative Action program and the fact that the court was divided on this ruling.
Webster v. Reproductive Health Services Webster v. Reproductive Health Services was a 1989 decision in which the Supreme Court upheld legislation
from Missouri that prevented an publically funded establishments for abortion, even if none of the funds used for the abortions were public, and
prevented public from performing abortions on women whose lives weren't in danger among other things. This decision was important because,
although it did not completely overturn the Roe v. Wadedecision of several years back, it did severely limits the protections on abortion that had been
put in place by Roe v. Wade. It is also important because this decision caused several other states to pass similar legislation.
Planned Parenthood v.

Plessy Vs. Ferguson, Brown V. Board Of Education
Civil Rights Essay Discrimination has been a big thing for a long time now. Discrimination is the different treatments of categories for people or
things. People get discriminated every day for their skin color and the laws passed from it. The Supreme Court has changed many decisions about
discrimination: Plessy v. Ferguson, Brown v. Board of Education, and Regents of the University of California. In 1890 the Supreme Court made a
law about keeping the whites and blacks in separate areas. This lead to the case Plessy v. Ferguson, this was a law that was made in Louisiana for
restaurants, hotels, hospitals, and other public places to serve African Americans in a separate area. This law happened in 1896 and the outcome of the
case was ferguson

Discrimination In California Medical Schools
Merriam Webster defines Affirmative Action as "the practice of improving the educational and job opportunities of members of groups that have
not been treated fairly in the past because of their race, sex, etc." Opinions on affirmative action in the United States vary greatly depending on who
is asked. In a poll done by Pew Research in 2009, it was found that 59% of African Americans, 53% of Hispanics, and 22% of whites agree that
minorities should get preferential treatment (Stewart). Regents of the University of California v. Bakke (1978) called into question the application of
the 14th amendment in rejecting Allan Bakke admission to the University of California Medical School at Davis. Allan Bakke was a 35 year old
white man who was denied... Show more content on Helpwriting.net ...
Even though affirmative action was not outlawed in all circumstances it is often times dealt with on a case by case basis. The case established a
pragmatic means of reconciling well–intentioned quota and affirmative action programs with the Constitution's zealous protection of equality
(McBride). Since the case was ruled on in 1978, other court cases have been decided on that have reaffirmed Bakke's affirmative action requirements.
In 2003, Grutter v. Bollinger ruled that the University of Michigan Law School's system of giving race a notable but non–determinative weight in the
selection process was "neutral" enough and that Michigan's efforts to create a diverse student body was "compelling" enough to meet constitutional
standards for equality (McBride). However, in Gratz v. Bollinger (2003), a similar but unrelated case, the court beat down Michigan's Undergraduate
affirmative action program for using a points system to judge applicants that favored minorities by handing free points to minority applicants

Supreme Court Ruling Summary
What was the Supreme Court ruling?
The Supreme Court ruled announced their ruling on June 28, 1978 but there was not a majority opinion. Four major justices, Rehnquist, Stewart,
Burger, and Stevens, voted against the minority admission program for all school because it violated the Civil Rights Act of 1964. The other four
justices, Marshall, Brennan, White, and Blackmun, voted that the affirmative action is acceptable within certain areas. However, the plurality opinion
was given by Justice Powell. This gave the ruling a 5–4 in favor of Allan Bakke. Powell gave his opinion that the using racial quotas as the deciding
factor of one's admission was violating the Equal Protection Clause of the Fourteenth Amendment. However, affirmative action is permissible by
Universities but only if used alongside with other factors. This meant that Universities had to discontinue their quota system for minorities and that UC
Davis violated the equal protection clause of the 14th Amendment. Under these circumstances Allan Bakke was allowed to attend UC Davis.
The main arguments
UC Davis appealed and filed a petition for writ of certiorari in December 1976 because Superior Court of California ruled that UC Davis needed to
shut down their minority program due to equal rights for every race. In order for the Supreme Court to ... Show more content on Helpwriting.net ...
The Regents of the University of California v. Bakke case was based around race and how it violated the Fourteenth Amendment. This is a landmark
case because it did not only show that minorities are protected by the Fourteenth Amendment but majorities as well. The ruling on this case also
allowed institutions to use affirmative action in favor with other factors to a person's advantage. Any government funded institution can use affirmative
action such as employment or admission to a

Brown V. Board Of Education Case Study
During the early 1900s there have been a lot of segregation and discrimination.Well this is what was happening in the early 1900s. The first case
having to do with this topic was the case "Brown v. Board of Education" where there was a violation of the 14th amendment. The next case having to
do with education is "Swann v. Charlotte–Mecklenburg Board of Education" involving ,and informing the segregation in schools and school buses.
Third case had to do with a student applying for a school but was rejected for his race, the case name was "Regents of the University so California v.
Bakke. Overall, these cases were the cause of the Civil Rights Movement because of the segregation and the discrimination. Generally, what had
happen in the case "Brown v. Board of Education" is that it was the first case that went to supreme court that had to do with segregation in schools. The
case had to do with the violation of the 14th amendment involving 20 children including Brown's daughter. As for additional information the first time
it was argued was in December 9, 1952 then was re–argued in December 8, 1953 then took his final decision. As more information is ... Show more
content on Helpwriting.net ...
Charlotte–Mecklenburg Board of Education," and with some other cases. In this case the violation was the segregation in the school and school
buses. As well, the case was solved in the year of 1971 and the judge was John J. Parker. In a website states that "The Supreme Court of the United
States (Supreme Court) granted certiorari to determine whether the Respondent, Charlotte– Mecklenburg Board of Education's (Respondent),
desegregation plan was an effective and reasonable attempt to desegregate public schools in its district," which means that the schools that belong to
Charlotte– Mecklenburg Board of Education had to change there segregation rules. To sum up, this case was another case that motivated
African–American to do the

The Affirmative Action: The Bakke Case
1863 was an important year, marking the new start for slaves and African Americans in the United States of America. In that year, Abraham Lincoln
had signed off the Emancipation Proclamation, which led to the end of slavery in America (Banfield 23). Even with the new Constitutions rules and
laws of trying to end racial discrimination, there was still judgment being passed around towards the blacks. There was separate schools, buses, etc.
for blacks and whites. These laws, called Jim Crow laws, stayed with the 14th Amendment for nearly 50 years (Banfield 29). When the president
signed these laws off, he did not realize it would help only those enslaved in the South. Near mid 1866, the 14th Amendment in theUnited States
Constitution listed rules ... Show more content on Helpwriting.net ...
But one things for sure, is that the affirmative action has changed intensely since the Bakke case. Many people agree that the affirmative action is
helpful and (in this case) in bringing African Americans into their schools if they have the correct records (Banfield 107–109). By the time that the
Bakke case had passed, many people had different opinions on the outcome. Some preferred it stay the same as it was before, and others preferred
how it was now. As known, the affirmative actions had a big part in the court case, steering it in different directions and ways. Some African
Americans even said they'd liked how it was traditionally, saying that the affirmative action wasn't changed very clearly (Banfield 97). Quickly after
the Bakke case, the affects of the courts decision become obvious in schools nearby. The schools now chose students by grades and grade points rather
than by race. They would also receive and un–receive points if they were disadvantaged/part of a minority. With that, the schools were mainly all
equal. Happily, Allan Bakke attended the next year, 1978, at the University of California Medical School. Since the court case, the schools program
had changed for the better; at least in Allan's mind (Banfield 99). The case brought forth a new era to America. Even though it might not be seen in
some peoples eyes, it shaped affirmative action, and even helped stop racism partly. It took several years to take its affect on the world though, like
any important case would. Allan Bakke might not know it, but his case helped start changing the world for the better (Banfield

Regents Of The University Of California V. Bakke
T Statman
Kluch
ENG 102 Period 4
1 May 2015
Regents of the University of California v. Bakke (1978)
Introduction
Race equality has been an arduous issue in the United States. Regents of the University of California v. Bakke (1978) is a landmark Supreme Court
case that brought scrutiny to racial discrimination in the college admission process. The Encyclopedia Of Law And Higher Education introduces the
discussion of the University of California at Davis' special minority admissions policy at their medical school. The case was first heard by the Supreme
Court of California and later taken to the United States Supreme Court (Russo 363). The short and long term effects of the Regents of the University of
California v. Bakke (1978) have changed the procedure for college admittance all over the United States of America.
Background
The decisions of the University of California, Davis (UC Davis) for the admissions program appear to be racially driven and a product of affirmative
action. Charles Russo writes that the first year enrollment class, in 1968, at the UC Davis School of Medicine contained only fifty students (Russo
364). These fifty students were not seen as a representation of the California population. According to the cross disciplinary source American Decades,
that year, only three Asian students were admitted into the first class with no other minority race represented. This was with the state minority
population being twenty–three percent (Minority). The minorities

Essay on 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 theFourteenth Amendment. In this essay,
I will first discuss the violation of Affirmative Action against theFourteenth Amendment. Second, how Affirmative Action helps one group of... Show
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, theMedical 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 Medical School. The reason the
University is doing this is because of strict scrutiny (to examine extremely closely or strictly whether there is a compelling state interest for treating
people differently). In this case, strict scrutiny has to do with past discrimination and to undo the wrong doing from the past. The special admissions
programs purports to serve the purpose of: (i) reducing the historic deficit of traditionally disfavored minorities in medical schools and in the medical
profession; (ii) countering the effects

Hindrance In The Civil Rights Movement
"Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity." That famous quote was spoken by Martin Luther King,
who was a Civil Rights Movement leader. The Civil Rights movement was a movement that was led by many African–Americans and the goal of the
movement was to end legal racial segregation. Moreover, there was much ignorance shown by white authorities when there was an African–American
boycotting to prove a point. Therefore, it has been in the Supreme Court's hands many times to impact Civil Rights: Loving v. Virginia, Swann v.
Charlotte–Mecklenburg Board of Education, and Regents of the University of California v. Bakke ("Martin Luther King, Jr. Quotes at
BrainyQuote.com"). In the Loving v. Virginia... Show more content on Helpwriting.net ...
Virginia, Swann v. Charlotte–Mecklenburg Board of Education, and Regents of the University of California v. Bakke. In Loving v. Virginia, Virginia
enacted a law that prohibited marriage between a black and white person. They would get get punished if they did. The Supreme Court overturned that
law to preserve marriage as a fundamental right. In Swann v. Charlotte–Mecklenburg Board of Education, the Charlotte–Mecklenburg Board of
Education was the first school board trying to desegregate, especially using busing with all races. The Supreme Court's judgement was to hope it
would be a fine experience. So this is the first district to try to stop the schools harass African–Americans. The Regents of the University of California
v. Bakke case was when a white student was denied admission to a medical school despite the student that made it had worse scores than him. He was
put in because of a quota system. Therefore, the Supreme Court new that it was unfair that he makes the school with an immediate guarantee. They
said that they couldn't use quota systems based on race. "Love is the only force capable of transforming an enemy into a friend" is one of the most
famous quotes from Martin Luther King and hopefully that quote is true ("Martin Luther King, Jr. Quotes at

Court Case: The Constitutionality And Limitations Of...
Court Case––May 2014
Regents of the University of California V. Bakke (1978)
Issue Involved:
Reverse Discrimination/The Constitutionality and Limitations of Affirmative Action
Background on Affirmative Action:
Definition of Affirmative Action:
"A set of procedures designed to eliminate unlawful discrimination between applicants, remedy the results of such prior discrimination, and prevent
such discrimination in the future." Cornell University Law School
March 6, 1961: John F. Kennedy signs Executive Order 10925
Sec. 301 (Paragraph 1):
" . . . [Government] contractor[s] will 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."
July 6, 1964: President Lyndon B. Johnson signs The Civil Rights Act, which prohibits racial discrimination and mentions the use of "affirmative action
to overcome the effects of prior discrimination."
June 4, 1965: President Johnson speaks at Harvard University
"You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, "you
are free to compete with all the others," and still justly believe that you have been completely fair."
June 28, 1978: Regents of California V. Bakke.
Background:
Allan Bakke applied twice (in 1973 and 1974) to be accepted into the Medical School at the University of California at Davis, but

Essay On Affirmative Action In College Admissions
Affirmative Action in College Admissions Should Be Abolished
Every year, millions of students apply to colleges and universities in the United States. The status of their application, whether they get accepted to or
rejected by the school of their dreams, may ultimately be determined by two words: affirmative action. The Merriam–Webster dictionary defines
affirmative action as an effort to correct past injustices, means to right the wrongs of the past, positive steps to correct past discrimination (Affirmative
1). However, for those exceedingly qualified members of a majority group who do not get accepted while less qualified minority members do,
affirmative action begins to insinuate reverse discrimination, the unfair treatment of members of majority groups resulting from preferential policies, as
in college admissions or employment, intended to remedy earlier discrimination against minorities (Reverse 1). Affirmative action is a topic of
contention that has been disputed in the court systems for roughly four decades. It is now time that affirmative action in college admissions be
abolished because it erroneously implies that diversity is more imperative than merit and unjustifiably discriminates ... Show more content on
Helpwriting.net ...
University of Texas Law School. Hopwood contended that diversity in education was not a compelling state interest (Brunner 5). The conservative
Justices also expressed concern that under the affirmative action system wealthy African American applicants received preferential treatment
(Leonhardt 1). Justice Alito refuted that those applicants should not receive preferential treatment over white applicants from humbler backgrounds
(3). The Supreme Court concluded that the affirmative action system in place at the University of Texas Law School benefited African Americans and
Mexicans "to the detriment of whites and non–preferred minorities (Cummings

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