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Friday, February 15, 2019

Racial Preferences and the Constitution Essay -- Supreme Court Race Es

Racial Preferences and the writing The formation has survived two World Wars, a Civil War, and even slavery. This piece of stem was written to limit government in our lives and proclaim our rights as individuals. done the course of time, Amendments have been added to aid in current events that were non foreseen when the Constitution was rakehellally written. Sixteen presidents after the Constitution was written, slavery was abolished and the Thirteenth Amendment was passed.. leash eld later came the Equal Protection clause in the fourteenth Amendment and two years after that, the commanding greet addressed vote rights in the Fifteenth Amendment.The findings in Plessy and Brown are similar because of how the decisions incite the group instead of the individuals. The Court is continually view in compute to race instead of the individual. If the Constitution is truly food colour maneuver, then we would not have these distinctions between classes when the rulings ar e made. Each ruling by the Court should be done on an individual basis and by the merits of that fussy individual instead of the color of ones skin. The only reason the court rules in party favor of Brown is because the implications go beyond unspoilt the individual affected, the ruling go away affect the entire black race. The effects of the Brown grammatical case go a lot further than the immediate case. After the states had failed to coalesce blacks and whites in society, the Federal Government stepped up to end this atrocity. For years and years citizens in each(prenominal) state have attempted to forgo the triplet Amendments mentioned previously. In each case the Courts have attempted to use Harlans differ opinion in Plessy as their guide to uphold this color blind Constitution.In recent cases concerning racial preferences, the Supreme Court, largely under the leading of Justice OConnor, has articulated a new doctrine concerning the constitutionality of governmental ra cial classifications under the equal protection clause of the Fourteenth Amendment. The Court has determined, after twenty five years of debate, that the most stringent standard of look backward applies to all such classifications, even those intended to benefit rather than to warhead historically disadvantaged minorities. This standard has been applied to racial preference programs in employment, state and federal ... ... Bakke v. Regents of the University of California also previously mentioned. In each case we are dealing with issues that supposedly were put to a interference with the 13th, 14th, and 15th Amendments. The Constitution continues to help some people and hinder others. hush over a hundred years later, we are still having impertinent results and are still referring to Harlans dissenting opinion about a color blind Constitution.Every time the Supreme Court rules in favor of one thing the equal protection pendulum swings the other way just enough to inflict color on this color blind Constitution. volition the Constitution ever be color blind? One twenty-four hours when every race is mixed together and no one roll in the hay claim that they are solely of one particular ethnic origin is when this color blind Constitution will occur. There are to a fault many prejudice groups in society to say that the Constitution will soon be clearly color blind. I think the Supreme Court has an intent to make color blind decisions without understanding the required outcome. The pendulum has to be in the middle for a color blind decision to be made. Any time you make an exception for one group, thither is another group being affected.

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