Affirmative Action: Is It Fair?

From: The Journal of Blacks in Higher Education | Date: July 31, 2000| Author: | Copyright information

Affirmative Action: Is It Fair?

IS AFFIRMATIVE ACTION unconstitutional? Does it violate the Fourteenth Amendment's guarantee of "equal protection of the laws" for universities to give preference to blacks and other minorities in the fierce competition for student places, as the best of our universities have done for 30 years? In 1978 Justice Lewis Powell, in his opinion in the Supreme Court's famous Bakke decision, ruled that racial preferences are permissible if their purpose is to improve racial diversity among students, and if they do not stipulate fixed minority quotas but take race into ...

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