Affirmative Action Essay, Research Paper

Regents for the University of California v. Bakke

The Constitutional grounds which each side based its arguments the 14th amendment s equal protection clause and the civil rights of 1964. The argument for Bakke was based on a policy built on racial quotas. The argument for the University of California was that certain minorities are disadvantages from the day they are born. Special candidates did not have to meet the 2.5 grade point cutoff and were not ranked against candidates in the general admission process, this did not apply for disadvantaged whites. (http://www.2law.cornell.com)

During a four year period, 63 minority students were admitted to Davis under the special program and 44 under the general program. No disadvantaged whites were admitted under the special program, though many applied. (http://www.2law.cornell.com)

In my opinion the reason the supreme court ruled the admission for Bakke was because they have to take each case on it s own merits. Disadvantage whites should also be take as a minority.

The supreme court had to protect Bakke s 14th amendment right, which provides, that no person shall on the ground of race or color be excluded from participating in any program receiving federal financial assistance. Petitioner cross-claimed for a declaration that it s special admission program was lawful.

The impact of the court s decision in this case was that it violated one individual right s. It also proves that the court s can also help any other race if they feel they are being discriminated. Also the decision of the court s did not over turn affirmative action. In the year 200 affirmative action no longer exist.