Preview

Affirmative Action: An Argumentative Analysis

Good Essays
Open Document
Open Document
499 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Affirmative Action: An Argumentative Analysis
In recent years, issues involving the Fourteenth Amendment have come to the forefront of United States news. Adopted on July 9, 1868, the Fourteenth Amendment was primarily aimed at providing equal protection and protecting citizenship rights of former slaves and white Americans alike. In today’s society, the importance of the this far-reaching Amendment is becoming remarkably manifest. The Equal Protection Clause of the Fourteenth Amendment prohibits states from denying any person within the United States the equal protection of the laws. The intent of this clause is that all individuals will be treated the same when similar circumstances arise.
Today, the effects of the Fourteenth Amendment are more evident than ever. On nearly every application, questionnaire, and document, identification of the race of the individual is necessary. In most cases, the consideration of race is made in good faith; to incorporate diversity into educational settings, or provide equal opportunity for all races. Recently, such as in the case of Fisher vs. University of Texas, (2013), questions about whether or not colleges should consider race in the
…show more content…
This forethought to increase diversity, instead, brought about strict scrutiny of the admissions process. Some might say that the consideration of race is justified because affirmative action is meant to be a proactive approach in removing prejudices. However, many affirmative action programs, such as The University of Texas’, tend to unduly benefit the minority groups at the expense of the white majority. Considering the number of minority applicants, which typically make up about 20-25% of the total applicants, racial groups that are considered the minority now have somewhat of an advantage over the majority

You May Also Find These Documents Helpful

  • Good Essays

    Affirmative action is the policy in which schools give priority to students who tend to suffer from discrimination. The policy was intended to give minorities equal rights in the admission process, however nowadays, it gives an unfair preference to one group of students, as opposed to being equal. This leads into the discussion of racial discrimination. Opponents of the law say that affirmative action gives minorities an unfair advantage over non-minorities. On the other side, proponents of the law say affirmative action is the way to reverse the negative effects caused by years of racism and discrimination before 1961. I believe that affirmative action is a good sentiment to the minority community, however, I think it’s the incorrect approach to fix the problem. You can’t solve the problem of discrimination by creating more discrimination.…

    • 644 Words
    • 3 Pages
    Good Essays
  • Good Essays

    OPINION: The special admissions program is unconstitutional, but race may be considered as a factor in the admissions process. Justice Lewis Powell (J. Powell), writing for the court, says that the Supreme Court of the United States (Supreme Court) should not pay attention to past discrimination in reviewing the policies of the University, as this is equivalent to allowing political trends to dictate constitutional principles. J. Powell determines that accepting a minimum number of minorities simply to reduce the traditional deficit of such individuals in the medical profession is unconstitutional, as it gives preference to an individual on the basis of race alone. The major determination of the Supreme Court is whether or not racial preference may be used to promote diversity of the student body. J. Powell argues that setting aside a specified number of minority slots is not congruent to the purported goal – minority students in…

    • 344 Words
    • 2 Pages
    Good Essays
  • Better Essays

    On June 23rd 2016, the judges of the supreme court gathered to analyze a challenge about the University of Texas of Austin’s race-conscious admissions program. This case, known as Fisher II v. The University of Texas, was brought about when senior Abigail Fisher applied to the University of Texas and did not get in. She was not accepted in the top ten percent program as well( a program in Texas Law stating that top ten percent students from all schools in Texas get automatic admission into UT Austin), and firmly believed that she had the academic status to get in. She implied that the fact that she was white and had a good financial status reduced her chances of admission into the university and that she was heavily racially discriminated.…

    • 2122 Words
    • 9 Pages
    Better Essays
  • Satisfactory Essays

    E1- The Fourteenth Amendment to the United States Constitution also asserts that all US citizens, born or naturalized, shall have equal protection of the law. The equal protection clause.…

    • 409 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In order to understand the cases that brought about the drastic change in the interpretation of the 14th Amendment, the three clauses of the 14th Amendment must be understood. These clauses help define what it means to be a U.S. citizen. The privileges or immunities clause was first written in Article IV section two. It was then written again in the 14th Amendment after slavery was abolished in order for equal protection guarantee. The federal government wanted to insure that states respected the rights and freedoms of former slaves. In the first section of the 14th Amendment it states, “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United states.” This clause was written so that…

    • 438 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The 14th amendment is very important to America and it's people. Without the 14th amendment a lot of us would be treated very differently. How are you supposed to defend yourself when your not even considered equal to the same people just like you? That is exactly why the 14th amendment was created, to give the people a way to be able to everyone else. I completely believe in the 14th amendment and the reasons behind it. Think about if we didn't have it, so many things would be able to happen that we might not be able to prevent because we aren't equal to everyone else.…

    • 797 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Fourteenth Amendment to the United States Constitution contains the Citizenship Clause, the Due Process Clause, and the Equal Protection Clause. The Citizenship Clause maintains the citizenship of individuals who were born or naturalized in the United States. The Due Process Clause maintains that a state is prohibited from denying an individual of “life, liberty, or property, without due process of law.” The Equal Protection Clause prohibits a state from denying an individual “within its jurisdiction the equal protection of the laws.” As it seeks to safeguard the liberties of citizens, the Fourteenth Amendment has been utilized to prevent discrimination against individuals based upon gender, sexual orientation, race, religion, etc. since…

    • 410 Words
    • 2 Pages
    Good Essays
  • Good Essays

    14th Amendment Advantages

    • 281 Words
    • 2 Pages

    In 1868, the 14th Amendment was ratified into the Constitution, and has since become a key component in the construction of democracy in the United States. The amendment is broken down into five independent sections of impartial notions that forbids states from rejecting the civil rights and liberties, and to accord fair chance of life, property, and due process regardless of race. The 14th Amendment outlined civil liberties and rights while limiting state's intervention, therefore making it an important aspect in American democracy.…

    • 281 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The fourteenth amendment in the constitution states that all people born in the United States have the same rights as every other person. No person should be deprived of life, liberty or property without due process of law. In other words, every person is free to live our life under certain simple-to-follow laws and if a person refuses follow these law that person could be deprived of liberty. It also states that not one person is above the law, every person is equal and will receive the same punishment as anyone who would of done by going to court where the judge and jury either determines them guilty or not guilty.…

    • 460 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The emphasis is on opportunity. It levels the field for many who see them selves not represented in the vast majority of society. Walter Benn Michael’s states in “The Trouble with Diversity”, “ the whole point [is] for [universities and employers] to argue for the desirability for a diverse student body [and workforce] without appealing to the history of discrimination” (728). Institutions are meant to commit to diversification values without stemming into the notion of reverse racism. It is a common misconception that such policies undercut otherwise qualified white males in favor of unqualified marginalized…

    • 1785 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Furthermore, the Regents v. Bakke decision upheld the constitutionality of treating race as one consideration among several in admissions procedures, pointing out the value of diversity in learning environments and opposing the application of racial limits. Ultimately, affirmative action is still an important tool for advancing equality of opportunity and diversity, despite recent setbacks. The need to have measurable objectives for affirmative action programs was made clear by the Supreme Court's ruling in SFFA v. Harvard and SFFA v. UNC (2023), which also emphasized the importance of taking race into account as part of an entire admissions process (Professor Stone Class…

    • 436 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The 14th amendment set out the definitions and rights of citizenship in the United States. The first clause asserted that anyone born or naturalized in the U.S. is a citizen of the U.S. and of the state they live in. It also stated the right to due process, life, liberty, and property. This overturned the Dred Scott v. Sandford 1857 Supreme Court ruling that…

    • 301 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Supreme Court was presented with the case of Fischer vs. The University of Texas where Abigail Fisher was suing the University for discrimination in their affirmative action based admissions process. The Supreme Court voted 7-1 and ruled to send the case back to the lower courts for further review and put off making any final decisions to change the U.S. policy on affirmative action, a “longstanding but fragile societal compromise, one that forbids quotas but allows using race as one factor among many in the admissions process” (Laptik). Both articles discussed in length the constitutionality of the race-based admissions process as well as explaining the Supreme Court’s position on the matter. The justices made statements that explained that the admissions programs must be subject to strict scrutiny where the it can be determined that classification based on gender, race and ethnicity occurs for the sole purpose of creating a diverse student population. The programs that use affirmative action in public universities are being scrutinized to ensure that their methods are a means to an end and serve to create diversity only. This issue will come before the Supreme Court again in the future and there will most likely be a more permanent ruling on the matter.…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The 14th Amendment to the Constitution states that “all persons born or naturalized in the United States” are granted citizenship, which included slaves. Additionally, the 14th Amendment declares that states cannot deny any person “life, liberty or property, without due process of law” and that a state could not “deny to any person within its jurisdiction the equal protection of the laws.” This amendment basically outlined who is a citizen of the United States and safeguarded particular rights for the people, making it an extremely important amendment.…

    • 607 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Gay marriage legal

    • 621 Words
    • 3 Pages

    Americapedia. “Bill of Rights Institute Fourteenth Amendment Equal Protection 1868 Bill of Rights Institute Comments.” N.p., n.d. Web. 06 May 2013.…

    • 621 Words
    • 3 Pages
    Good Essays