Affirmative action in the United States: a legal study
- The actions of the Executive over the Legislature
- The actions of the legislature over the executive
- Procedure issues
- Limits of a vote
Being called as an affirmative action a "preferential treatment to the disadvantaged categories of citizens, by giving compensation, with the breakdown of legal equality, the pursuit of substantive equality, including those affirmative actions experienced in the United States is an example."
Designed during the '60s as a temporary measure whose main objective was to accelerate the equalization of conditions between blacks and whites, affirmative action today is aimed primarily at blacks, Hispanics, Native Americans in, the women and Asians and has three application areas: employment, public procurement, and admission to the universities.
The problem with affirmative action in law is that, it breaks the legal equality and gives preferential treatment to some, introduces the "reverse discrimination." It is therefore prima facie unconstitutional because of the equality of all before the law is required under the Fourteenth Amendment to the U.S. Constitution, in the "equal protection clause" of its Section 1.
It is also contrary to the Civil Rights Act of 1964 that prohibits discrimination by institutions receiving federal funds from the state (and therefore in almost all universities) and private companies in employment. How the Supreme Court will reconciles affirmative action and "equal protection clause? Designed to be temporary, affirmative action has more than 40 years of existence.
Devices whose foundation is unconstitutional can it be sustained? The Supreme Court justified the constitutionality of affirmative action programs by the "overriding public interest" that constitutes compensation for past discrimination and racial diversity.
Tags: United States; affirmative action; US Constitution; Fourteenth Amendment; Civil Rights Act