Playing It Safe: How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law

By Lisa A. Kloppenberg | Go to book overview

4
Avoiding Selected Affirmative
Action Challenges

The constitutional validity of affirmative action programs was one of the most contentious and important social and political issues of the late twentieth century. In the 1960s and 1970s, Presidents Kennedy, Johnson, and Nixon instituted affirmative action programs at the federal level to further desegregation and promote equality, first for racial and religious minorities and later for women. Other programs ensued, with public and private entities attempting to equalize hiring and admission opportunities for historically disadvantaged groups by taking race and gender into account as positive factors. Today, affirmative action includes a large range of measures, from making job postings or other informa- tion widely accessible to tutorial services to scholarship assistance to granting a preference in admissions or hiring for a minority or female. From the 1970s through 1990s, litigants filed constitutional challenges to affirmative action programs, styled as “reverse discrimination” claims under the Equal Protection Clause. These challenges were grounded in the idea that it is more equitable for the government to make decisions based on individual merit rather than categorically by race or gender about scarce resources like government jobs and contracts or admission to public institutions. Defenders of affirmative action argue that such programs are needed to redress current and past discrimination and thereby ensure fairness and promote diversity.

This disagreement over the constitutionality of affirmative action is central to the legal debate about whether the Constitution should be “color-blind” or “color conscious.”1 Supporters of a color-blind reading say that race-based affirmative action is racist and divisive, stigmatizing minorities and entrenching invidious stereotypes, thereby perpetuating racism. Defenders argue that affirmative action is distinct from racism because it benefits, rather than harms, racial minorities. They assert that

-93-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Playing It Safe: How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 308

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.