Between 1992 and 1997 a lot changed about Affirmative Action. All three branches of our Federal Government- Executive, Judicial, and Legislative have taken a part in bringing about equality for all. Although there were a lot of good arguments, as well as actions being put in place, the three branches used the “Civil Rights Act of 1997 (H.R. 1909)” / “The Equal Opportunity Repeal Act” to prove that it’s only right for all to be treated equal no matter their race, color, religion, sex, national origin, or the lifestyle of each individual.
Affirmative Action has been for a number of years a hot-button topic for the nation as a whole and specifically the Legislature. The Government reviewed the race-conscious programs. There were limited debates …show more content…
Siskind the Judicial Branch are the actual main source in ending discrimination and promoting affirmative action. The courts find it a lot easier to issue gender classification rather than strict scrutiny. Strict Scrutiny is a Law which states that if any local Government, Federal, or State that is found in violation of Affirmative Action, will be held accountable. There have been multiple standards, and plans that have been granted to different groups. It involves treatment to those who are women, veterans, and the disabled. There is an equal protection clause in the Fourteenth Amendment which was specifically aimed at eliminating discrimination. Achieving racial balance in a government contracting is not ending general, societal discrimination. Several government officials have stated that diverse and representative student bodies sever a compelling interest. There is more than two dozen end-race or gender-based discrimination. In addition to the two dozen or more statues, states have the right to actually engage in Affirmative Action. If any type of Affirmative Action occurs within any type of local Government, Federal, or State will be subject to Strict …show more content…
No one really likes speaking out about it, but we are happy that all three Branches of our government have. The “Civil Rights Act Of 1997 (H.R. Of 1909)”/ “The Equal Opportunity Repeal Act” was initiated by Judicial Branch, The Executive Branch Attached Proposition 209 which was much supported by more than 68,000 voters, and also the Legislative Branch had many hearings on all different type of programs supporting the “Civil Rights Act Of 1997 (H.R. Of 1909)”. The Executive Branch made sure that the Proposition 209 was on the ballot for the 1997 voters to see. This amendment allowed voters to know that it was constitutional ruled but the Supreme Court. The Legislative Branch issued that there be different kind of programs for individuals that feels as if they have been discriminated against. Also the Judicial Branch made it clear that Gender and Sex Classification are two different things. Sex Classification is given at birth, Gender Classification is what you choose to do with your life once you have a clear understanding on
Click here to unlock this and over one million essaysGet Access
Generations of families have suffered due unequal laws or prejudices set in place to prevent minorities from growing. Slavery, segregation, separate but equal laws, the trail of tears, failing ESOL classes, unequal pay and so much more effect today's youth and causing history to change slowly if at all. Affirmative action has good intentions and is very much needed in today's world however it sometimes fails doing what it was created to do.
According to Newman, affirmative action is a “program designed to seek out members of minority groups for positions from which they had previously been excluded, thereby seeking to overcome some institutional racism” (Newman, 536). Affirmative action made its debut with a piece of legislature passed by President Lyndon Johnson in 1964 and continues to this day. However, the concept of affirmative action is a controversial issue that continues to be hotly debated.
Discrimination against race, gender, religion, or other social characteristics is occurring in all parts of the United States almost every day. Unfortunately, the U.S. has a history of extreme case of discrimination, which has evoked controversy and in worse cases, violence. To discourage any more of adverse discernment towards certain individuals, the Federal government has imposed legislation called affirmative action. According to At Issue: Affirmative Action, “Affirmative action is designed to promote access to opportunities in education, employment, housing, and government contracts among certain designated groups, such as women and minorities“ (At Issue). This law is necessary in today’s society in order to maintain equality and
The last major legislative attempt of the century came in the form of the Civil Rights Act of 1875, which protected all Americans, regardless of race, in their access to public accommodations and protected their right to serve on Juries. However, it was never enforced because the Supreme Court ruled the act unconstitutional in 1883 (PBS). This is start of the judicial fight for civil rights. In 1896, the Supreme Court made a monumental decision in Plessy v. Ferguson that declared separated facilities are constitutional as long as they were “equal,” which later became known as the famous “separate, but equal” doctrine that stood until 1954. While Plessy was a setback it was not an
Affirmative action was a temporary remedy that would last until there was a level playing field for all Americans. However, this was not the case; in the 1970s, there was a lot of backlash and arguments about affirmative action and how it was a form of reverse racism. The Bakke Case made the argument of reverse racism famous. “In 1978, a white male, had been rejected two years in a row by a medical school that had accepted less qualified minority applications- the school had a separate admissions policy for minorities and reserved 16 out of 100 places for minority students” (Brunner & Rowen, 2014). From this, the Supreme Court made it illegal to have quota systems in affirmative action programs.
There has been a long struggle for the equality of races built from blatant racism and the belief that one race is superior over the other. In some events there has been concern over constitutional rights being ignored creating inequality favoring whites over blacks. The Supreme Court Case of Plessy v. Ferguson in 1896 and Brown v. Board of Education in 1954 both dealt with black American citizens who felt discriminated against based on their race. Plessy v. Ferguson had determined that “separate but equal” was fair, but Brown v. Board challenged the previous ruling on racial equality and decided separate could never be equal.
There have been numerous laws in the past that have enforced discrimination. One example are the Jim Crow laws in the south that prevented blacks from obtaining equality in society for about 100 years. Affirmative action of the courts and prison systems which discriminates against Blacks and Hispanics, gives them 20% longer sentences, targets their neighborhoods, racially profiles, weakens minority neighborhoods electorally, created the culture of fatherless homes as a reaction to the Civil Rights Movement, fills prisons with low-level offenders for petty drug offenses, with illegal searches and in some states; where those crimes have been decriminalized anyways and disproportionately targets minority youths in instances where white youths would be dealt with informally. Which is masked by "Affirmative Action" which largely benefits white women and Jews anyways. There were also the Convict codes, which were used to put Blacks back on the
For countless amounts of years, Americans have fought a battle against discrimination. Discrimination goes all the way back to the time of slavery. There are several important civil rights cases and laws that have changed the United States forever. Civil rights can be defined as, “[t]he freedom to participate in the full life of the community—to vote, use public facilities, and exercise equal opportunity” (Morone and Kersh 115). Also, unlike civil liberties, which limits government action, “[c]ivil rights require government action to help secure individual rights…” (Morone and Kersh 115). The question is, what changed the people of the United States’ minds about political equality and how did government action protect or hurt
Political change can take a long time. Sometimes it is so slow in coming that those who stand to gain from such change decide to help expedite the process of political decision-making. African Americans in the US, especially in the south were still at the receiving end of racial injustice. A “separate but equal” policy was enforced in 1886-97 when the Supreme Court ruled that segregation was not discrimination. Segregation was seen as a process that severely limited the opportunities of black people. In 1954 the “Separate but Equal” policy took a major hit in the Brown v. Board of Education Case of 1954. They stated that in the field of public education, the policy of “Separate but Equal” has no important place. By this time Black Americans were tired of waiting. After being so patient you will see the emergence
In the early 60s the concept of affirmative action was being tossed around. By the 1980s affirmative action was common place. Affirmative action was put in place to ensure that someone was not over looked for an opportunity on the bases of their gender,
Systematic exclusion directly relates to affirmative action in a multitude of ways. Affirmative action addresses systematic exclusion of certain individuals based on several different elements including talent, gender or race, all in an attempt to promote each individual to develop, perform and contribute to the best of their ability ("AAAA" 2). This includes abilities in a myriad of fields, including the job market, education, and community. Affirmative action addresses systematic exclusion by opening opportunities to individuals with limited experience and talented backgrounds who have endured constant and persistent discrimination from members of other races and genders ("AAAA" 2). Directly opposite of systematic exclusion is the idea of social utility. This concept says that an increased population of specific minorities or genders would certainly create a balance, resulting in better communities. In addition, members of that minority will be inspired to succeed, for they will see how people of their own race have excelled. One example of social utility is when communities of racial diversity require a diverse police force, for it aids in acquiring trust and dedication of an entire communities populace ("Affirmative Action" 5). Even though equal opportunity and systematic exclusion are, without a doubt, important to the understanding of affirmative action, the most important principle is yet to be discussed.
Student affairs and higher education professionals must be familiar with legal obligations in regards to their diversity efforts policies in order to be fully compliant and successful in their endeavors.
Many critics of affirmative action believe it has failed to achieve its stated goal of equal employment opportunity. A few even believe that it has done more harm than good. A review of the statistics, however, shows
Affirmative Action has been an issue of contention since its inception during the Civil Rights struggles of mid 20th century America. Discrimination could no longer be tolerated and the Unites States government had an obligation to encourage equality at all levels of the social infrastructure. The main type of discrimination being addressed by Affirmative Action programs was racial discrimination. The Merriam Webster dictionary defines racism as: ‘a belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race.’ The Civil Rights Act of 1964, which prohibited discrimination of any kind, laid the foundation for the introduction of Affirmative Action
A major controversy encompassing the country is the issue of affirmative action. Many believe that the abolition, or at least restructure, of affirmative action in the United States will benefit the nation for many logical reasons. Originally, affirmative action began as an attempt to eliminate discrimination and provide a source of opportunity; affirmative action did not begin as an attempt to support just minorities and women. In addition, affirmative action naturally creates resentment when the less qualified are preferred instead of the people actually deserve the admission or job. Another reason that has existed since the abolition of slavery is the myth that women and ?minorities? cannot compete