Affirmative Action by Nicholas Capaldi

By Nicholas Capaldi

During this booklet, distinct philosophers debate essentially the most debatable public coverage problems with the past due twentieth century. each one starts off via creating a case for or opposed to affirmative motion, laying out the main arguments on each side. each one writer then responds to the other's essay. Written in an interesting, obtainable type, Affirmative motion is a superb textual content for junior point philosophy, political concept, public coverage, and African-American reports classes in addition to a advisor for execs navigating this crucial debate.

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This program reserved sixteen (out a total of one hundred slots for disadvantaged and minority students who were then evaluated in a separate admissions system. Alan Bakke was a White male who had been denied admission to the UC-Davis Medical School for two consecutive years. After his second refusal, he brought suit claiming his rights had been violated under the Fourteenth Amendment, the California constitution, and Title VI of the 1964 Civil Rights Act. In a split decision, five justices agreed, but they differed over whether it was unlawful for the school to take race into account in its admission process.

Justices O'Connor, Scalia, Rehnquist, and White dissented, arguing that the quota was meant to achieve racial balance rather than remedy past discrimination. Page 19 Johnson v. Transportation Agency, Santa Clara County, California (1987) This is one of the seminal cases involving affirmative action for women. In 1978, the Transportation Agency of Santa Clara, California voluntarily instituted an affirmative action plan for hiring and promoting women and minorities. Women and minorities were underrepresented in the agency relative to their availability in the relevant work pools, and were concentrated in the lower-paying jobs.

Pena (1995) a contractor claimed that the federal government's practice of using race to identify "socially and economically disadvantaged individuals" for preferential treatment in the granting of highway construction contracts violated his constitutional rights of due process and equal protection. In deference to Congress's lawmaking powers, previous courts had applied only an intermediate level of scrutiny to federal policies involving racial classifications. However, in Croson, the Supreme Court required that state and local government policies using racial classifications be subject to strict scrutiny.

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