The Constitutional Logic of Affirmative Action

The Constitutional Logic of Affirmative Action
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The Constitutional Logic of Affirmative Ac...

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2. The Controversy Engaged

If you believe in meritocracy, then you believe in letting people sink or swim on their own, right? Just asking! In some cases, such scrutiny has allowed for positive considerations of race as long as they fall short of strict racial quotas that treat individuals as members of racial classes rather than as discrete individuals. Then he added some dicta for guidance. Beauchamp, Tom L. Freudian typo??

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Debate: The Asian American Challenge to Affirmative Action

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The Constitutional Logic of Affirmative Action

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First Amendment concerns in affirmative action cases

Your display name should be at least 2 characters long. At Kobo, we try to ensure that published reviews do not contain rude or profane language, spoilers, or any of our reviewer's personal information. You submitted the following rating and review. We'll publish them on our site once we've reviewed them. Continue shopping. Item s unavailable for purchase. Please review your cart. Board of Education Originally mandating desegregation in education, Brown has subsequently been applied to all areas of public racial discrimination.

Some advocates of racial equality argued the necessity of using minority race status as a positive factor in college admissions and employment to help minorities overcome the effects of past discrimination by enabling them to catch up educationally and economically. Absent compensating individuals for discrete instances of past discrimination, the Supreme Court chose to subject all racial preferences to strict scrutiny, requiring government to show a compelling interest to justify them.

In some cases, such scrutiny has allowed for positive considerations of race as long as they fall short of strict racial quotas that treat individuals as members of racial classes rather than as discrete individuals. Two of three prominent Supreme Court cases dealing with affirmative action programs in education have relied in part on the First Amendment. In Regents of the University of California v. Bakke , the medical school at the University of California at Davis had denied admission to Alan Bakke, a white man, despite his grades and test scores being above those of the 16 African Americans selected for an entering class of students.

Four justices would have admitted Bakke on the basis that all considerations of race were impermissible under the Fourteenth Amendment in circumstances where the school had no past history of racial discrimination. Four others would have accepted racial preferences and even racial quotas as appropriate. Justice Lewis F.

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Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. Fiscus's The Constitutional Logic. The Constitutional Logic of Affirmative Action focuses on Supreme Court affirmative action rulings from Bakke () to Croson () and.

Powell Jr. Of significance, he relied in part on the First Amendment. Ronald Jerry Fiscus , Stephen L. Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. The controversy has, perhaps, become more charged over the past few years. With this compelling and rigorously reasoned argument for a constitutional rationale of affirmative action, Fiscus clarifies the moral and legal ramifications of this complex subject and presents an important view in the context of the ongoing debate.