Topic > Equality in College Enrollment - 1054

The United States has always faced issues regarding equality and equal opportunity for all. One solution to this problem is known as affirmative action, or preferential selection used to include groups in areas from which they have been historically excluded. It takes into account factors such as race, gender and ethnicity to increase minority representation. Its origin can be traced to the Civil Rights Act of 1964, which prevented employers from hiring or firing individuals based on certain qualities. It was intended as punishment for those who disobeyed this law. Subsequently, President Lyndon Johnson's Executive Order 11246 forced federal contractors to employ “affirmative action” to not discriminate when hiring. It gained traction nationwide in the fall of 1972, when Revised Order No. 4 of the Secretary of Labor fully implemented the executive order and enforced it nationwide. In 2006, 58 percent of Michigan voters approved Proposal 2, which bans bias and discrimination based on race, sex, ethnicity, or national origin in employment and public education. (Bonsur and Brokamp, ​​law.cornell.edu). This clashed with the Supreme Court ruling in Grutter v. Bollinger, who established that certain types of affirmative action were necessary for the country's future. The NAACP Legal Defense Force and a coalition of civil rights groups sued, saying it violated the 14th Amendment. The U.S. District Court for the Eastern District of Michigan held that Proposal 2 does not violate the 14th Amendment. The decision was appealed, and the U.S. Court of Appeals for the Sixth Circuit initially ruled it was unconstitutional, only to be agreed by the full Sixth Court. Michigan Attorney General Bill Schuette demands... halfway through the document... that the Constitution not mandate that one group receive more attention than others, or provide varying degrees of equal protection, and that thinking that way would give the Court Suprema has more power than the Constitution gives it. (Affirmative Action, plato.stanford.edu). The reasons given by the Medical School were rejected by Powell as the school was discriminatory and did not provide sufficient evidence to support its special programs. Here, affirmative action clashes with fairness as Bakke passed the prerequisites to attend the school but was denied entry, as he unfairly favored other groups who may have been less deserving of entry than Allan Bakke. Because it was not given equal consideration, this is an example of the injustices that affirmative action can impose on those who do not belong to minority groups but still deserve to achieve their goals.