The Bakke Vs. The Regents Of University Of California

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The Bakke Vs. The Regents of University of California case is one of the most well known supreme court cases in America dealing with the topic of affirmative action. Stated by Eastland, “affirmative action policies are those in which an institution or organization actively engages in efforts to improve opportunities for historically excluded groups in American society” (10). In 1978, the plaintiff Bakke filed a suit against the University of California, claiming that his rejection from the school was a result of racial discrimination and that it violated the Civil Rights Act of 1964, the equal protection clause of the Constitution’s Fourteenth Amendment, and the California Constitution (Posner 171). The U.S Supreme court ruled that affirmative action was constitutional, but not the use of racial quotas. The significance of this case is that it dealt directly with two major theories prevalent to minorities and race: Their assimilation into the university setting using affirmative action, and also the systemic racism that these groups faced as well. More specifically however, the Bakke Vs. the Regents of University of California case can be explained by systemic racism more so than assimilation, because systemic racism was and still is in effect in these educational institutions. Even with the inclusion of programs such as affirmative action that are supposed to combat systemic racism and simplify assimilation, American institutions were built upon ideological processes that
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