As soon as the unfair advantage is gone, affirmative action will stop. Add to this, the fact that in our country African-Americans have a legacy of slavery and unjust discrimination to contend with, and we have the makings of an inferno, and, perhaps, in the worse case scenario, the downfall of a nation.
Affirmative action was initiated by the administration of President Lyndon Johnson —69 in order to improve opportunities for African Americans while civil rights legislation was dismantling the legal basis for discrimination. The last three will be positive arguments for policies opposing Affirmative Action: Bollinger and Grutter v.
Unless one assumes that blacks are naturally less able to pass the test, the conclusion must be that the results are themselves socially and legally constructed, not a mere given for which law and society can claim no responsibility. But, again, while we can admit the value of diversity, it hardly seems adequate to override the moral requirement to treat each person with equal respect.
After the appeals court upheld the program a second time, the Supreme Court affirmed that decisiondetermining that strict scrutiny had been satisfied.
I must pay you an amount reflecting your loss and my ability to pay. Society did not force them to have 15 children.
The Supreme Court recently refused to rule on the appeal, thus leaving it to the individual states to decide how they will deal with this issue. Nevertheless, there are good reasons in terms of efficiency, motivation, and rough justice for holding a strong prima facie principle of giving scarce high positions to those most competent.
Supporters of affirmative action make the following arguments: But here a specific people have been identified who were wronged in an identifiable way by the government of the nation in question.
Getty "The top 10 per cent plan has proven to be a more effective mechanism for creating a diverse campus at UT than did race-based affirmative action," said Edward Blum, whose Project on Fair Representation fights affirmative action and backed the latest case.
At least at the higher levels of business and the professions, competence far outweighs considerations of diversity.
Supreme Court ruled 5—4 that quotas may not be used to reserve places for minority applicants if white applicants are denied a chance to compete for those places. Similarly, the proponents of the doctrine of equal results open the door to a debate over average ability in ethnic, racial and gender groups.
As Barbara Bergmann argues, "Diversity has positive value in many situations, but in some its value is crucial.
He noted that "[f]rom throughthe Law School admitted Although the court outlawed quota programs, it allowed colleges to use race as a factor in making college admissions decisions.
The standard holds that it is not always possible to recognize those who would have been hired under employment practices that perpetuate racial exclusion. This form of Affirmative Action, as it is applied against White males, is both racist and sexist.
University of Texas Law School that there was no compelling state interest to warrant using race as a factor in admissions decisions. The plaintiff again appealed to the Supreme Court, which agreed to rehear the case in its term.
Bakkein which the U. Sufficiency and underutilization together outweigh excellence. The Government on the whole, however, has maintained a position somewhere in the middle.A state ban on all forms of affirmative action was passed in California: "The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.".
Affirmative action may be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Likewise, the programs may be illegal under Title VI of the Civil Rights Act ofwhich prohibits discrimination based on race, color or national origin by recipients of federal financial assistance.
Affirmative action in university admissions is a separate matter from affirmative action in employment that operates under different rules and regulations.
Federal law requires government contractors and other departments and agencies receiving federal funding to develop and implement affirmative action plans for the hiring process.
The Case Against Affirmative Action Louis P.
Pojman. In this essay I set forth nine arguments against Strong Affirmative Action, which I define as preferential treatment, discriminating in favor of members of under-represented groups, which have been treated unjustly in the past, against innocent people.
A state ban on all forms of affirmative action was passed in California: “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”.
Is affirmative action legal in the United States today? Update Cancel. Which minority races enjoy affirmative action in the United States today? All non-whites or a selected few?
Is affirmative action legal in Canada? What are the arguments against affirmative action?Download