The Controversy Surrounding Affirmative Action

Essay from the year 2018 in the subject Medicine - Social medicine, Industrial / Occupational Medicine, grade: 1, Egerton University, language: English, abstract: Affirmative action refers to a policy that gives very special consideration to minority groups and women. In retrospect, the controversy surrounding affirmative action is demonstrated by the divide in the judicial system regarding the justification of this policy perspective. Additionally, the public, policy makers and the international community express diverse perceptions on affirmative action. Proponents of affirmative action argue that this policy promotes diversity and provide utilitarian justice to women and minority groups. In contrast, opponents observe that affirmative action undermines meritocracy, as well as perpetuating reverse discrimination. Overall, women and minority groups are underrepresented in the workforce, as well as college admissions. Alternatives such as socioeconomic affirmative action programs, including outreach programs, percent plans and extending financial aid to disadvantaged populations will enhance the achievement of gender, ethnic and racial equality.

Seminar paper from the year 2010 in the subject English - Applied Geography, grade: 1,0, University of Kassel (FB 05 - Geschichte Gro britanniens und Nordamerikas), course: Hauptseminar: Immigration and Ethnicity in American History, language: English, abstract: In this term paper the author discusses US race relations under the aspect of "affirmative action". Under the influence of the civil rights movement African-Americans and white liberals managed to achieve a breakthrough in civil rights legislation in the 1960s. This became the foundation of administrative measures that were intended to get minorities into business, civil service and colleges. These are called "affirmative action". The policy, designed to achieve equal opportunities for blacks, is itself ambiguous as the law prohibits discrimination ad preferential treatment of any US citizen. The author focuses on this dilemma. First she defines what affirmative action is, what its purpose is and to what extend it can lead to preferential treatment. Then a look is taken at the history of African-Americans since the end of slavery in the 19th century. This is inevitable to understand the intentions and goals of the civil rights activism of the 1950s and 1960s. Chapter four focuses on the pros and cons of affirmative action. One the one hand the author explores philosophical, legal and social arguments for the advancement of blacks. On the other hand she analyses legal criticism of affirmative action and the argument of "reverse discrimination". Finally, the author explains why the US still needs affirmative action and how it can be revised.

An engaging and eclectic collection of essays from leading scholars on the subject, which looks at affirmative action past and present, analyzes its efficacy, its legacy, and its role in the future of the United States. This comprehensive, three-volume set explores the ways the United States has interpreted affirmative action and probes the effects of the policy from the perspectives of economics, law, philosophy, psychology, sociology, political science, and race relations. Expert contributors tackle a host of knotty issues, ranging from the history of affirmative action to the theories underpinning it. They show how affirmative action has been implemented over the years, discuss its legality and constitutionality, and speculate about its future. Volume one traces the origin and evolution of affirmative action. Volume two discusses modern applications and debates, and volume three delves into such areas as international practices and critical race theory. Standalone essays link cause and effect and past and present as they tackle intriguing—and important—questions. When does "affirmative action" become "reverse discrimination"? How many decades are too many for a "temporary" policy to remain in existence? Does race- or gender-based affirmative action violate the equal protection of law guaranteed by the Fourteenth Amendment? In raising such issues, the work encourages readers to come to their own conclusions about the policy and its future application.

Affirmative action remains one of the most divisive issues in America, remaining unsolved since the 1960s civil rights legislation. Though many works have attempted to solve the dilemma, none have tried to identify the underlying causes of the backlash against the policy. In order to understand affirmative action's future, one must understand its evolution, its opposition, and its application both in America and in other nations. In a multi-disciplinary approach, this book examines affirmative action from comparative, historical, policy, and sociological perspectives. Also included is a list of Supreme Court rulings on affirmative action.

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 of Affirmative Action was first published in 1992. 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. Beginning with a distinction drawn between principles of compensatory and distributive justice, Fiscus argues that the former, although often the basis for judgments made in individual discrimination cases, cannot sufficiently justify broad programs of affirmative action. Only a theory of distributive justice, one that assumes minorities have a right to what they would have gained proportionally in a nonracist society, can persuasively provide that justification. On this basis, the author argues in favor of proportional racial quotas—and challenges the charge of “reverse discrimination” raised in protest in the name of the “innocent victims” of affirmative action—as an action necessary to approach the goals of fairness and equality. The Constitutional Logic of Affirmative Action focuses on Supreme Court affirmative action rulings from Bakke (1976) to Croson (1989) and includes an epilogue by editor Stephen L. Wasby that considers developments through 1995. General readers concerned with racial justice, affirmative action, and public policy, as well as legal specialists and constitutional scholars will find Fiscus’s argument passionate, balanced, and persuasive.

Affirmative Action recounts the fascinating history of a civil rights provision considered vital to protecting and promoting equality, but still bitterly contested in the courts—and in the court of public opinion. "Special consideration" or "reverse discrimination"? This examination traces the genesis and development of affirmative action and the continuing controversy that constitutes the story of racial and gender preferences. It pays attention to the individuals, the events, and the ideas that spawned federal and selected state affirmative action policies—and the resistance to those policies. Perhaps most important, it probes the key legal challenges to affirmative action in the nation's courts. The controversy over affirmative action in America has been marked by a persistent tension between its advocates, who emphasize the necessity of overcoming historical patterns of racial and gender injustice, and its critics, who insist on the integrity of color and gender blindness. In the wake of related U.S. Supreme Court decisions of 2007, Affirmative Action brings the story of one of the most embattled public policy issues of the last half century up to date, demonstrating that social justice cannot simply be legislated into existence, nor can voices on either side of the debate be ignored.

Affirmative action includes policies and laws meant to give equal footing to minorities after historic discrimination and oppression. Learn about the history of affirmative action from just after the Civil War through important milestones of the civil rights movement and on to today. Enhanced with accessible text and historical photographs, this guide explains affirmative action through its background, key players, and Supreme Court decisions. The debate about affirmative action is covered in a thoughtful, well-rounded, and timely manner since it remains a controversial issue.

The impact and ramifications of cases argued before the Supreme Court are felt for decades, if not centuries. Only the most important issues of the day and the land make it to the nine justices, and the effects of their decisions reach far beyond the litigants. Under discussion here are five of the most momentous Supreme Court cases ever. They include Marbury v. Madison, Roe v. Wade, Dred Scott, Brown v. Board of Education, and The Pentagon Papers. An absorbing exploration of enormously controversial events, the series details, highlights, and clarifies the complex legal arguments of both sides. Placing the cases within their historical context (though they ultimately emerge as works in progress), the authors reveal each decision's relevance both to the past and the present. the result is a fascinating glimpse across the centuries into the workings of the Supreme Court and the American judicial system.