Affirmative action in the United States in the context of "Fourteenth Amendment to the United States Constitution"

Play Trivia Questions online!

 or

Skip to study material about Affirmative action in the United States in the context of "Fourteenth Amendment to the United States Constitution"
Ad spacer

⭐ Core Definition: Affirmative action in the United States

In the United States, affirmative action consists of government-mandated, government-approved, and voluntary private programs granting special consideration to groups considered or classified as historically excluded, specifically racial minorities and women. These programs tend to focus on access to education and employment in order to redress the disadvantages associated with past and present discrimination. Another goal of affirmative action policies is to ensure that public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.

As of 2024, affirmative action rhetoric has been increasingly replaced by emphasis on diversity, equity, and inclusion and nine states explicitly ban its use in the employment process. The Supreme Court in 2023 explicitly rejected race-based affirmative action in college admissions in Students for Fair Admissions v. Harvard. The Court held that affirmative action programs "lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points. We have never permitted admissions programs to work in that way, and we will not do so today".

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<

👉 Affirmative action in the United States in the context of Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its enactment was bitterly contested. States of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as Brown v. Board of Education (1954; prohibiting racial segregation in public schools), Loving v. Virginia (1967; ending interracial marriage bans), Roe v. Wade (1973; recognizing federal right to abortion until overturned in 2022), Bush v. Gore (2000; settling 2000 presidential election), Obergefell v. Hodges (2015; extending right to marry to same-sex couples), and Students for Fair Admissions v. Harvard (2023; prohibiting affirmative action in most college admissions).

The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship, superseding the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Privileges or Immunities Clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause builds on the Fifth Amendment to prohibit all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. Additionally, the Due Process Clause supports the incorporation doctrine, by which portions of the Bill of Rights have been applied to the states. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction.

↓ Explore More Topics
In this Dossier

Affirmative action in the United States in the context of Affirmative action

Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking to address systemic discrimination. Historically and internationally, support for affirmative action has been justified by the idea that it may help with bridging inequalities in employment and pay, increasing access to education, and promoting diversity, social equity, and social inclusion and redressing wrongs, harms, or hindrances, also called substantive equality.

The nature of affirmative-action policies varies from region to region and exists on a spectrum from a hard quota to merely targeting encouragement for increased participation. Some countries use a quota system, reserving a certain percentage of government jobs, political positions, and school vacancies for members of a certain group; an example of this is the reservation system in India. In some other jurisdictions where quotas are not used, minority-group members are given preference or special consideration in selection processes. In the United States, affirmative action by executive order originally meant selection without regard to race but preferential treatment was widely used in college admissions, as upheld in the 2003 Supreme Court case Grutter v. Bollinger, until 2023, when this was overturned in Students for Fair Admissions v. Harvard.

↑ Return to Menu

Affirmative action in the United States in the context of Students for Fair Admissions v. Harvard

Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023), is a landmark decision of the United States Supreme Court ruling that race-based affirmative action programs in most college admissions violate the Equal Protection Clause of the Fourteenth Amendment. With its companion case, Students for Fair Admissions v. University of North Carolina, the Supreme Court effectively overruled Grutter v. Bollinger (2003) and Regents of the University of California v. Bakke (1978), which validated some affirmative action in college admissions provided that race had a limited role in decisions.

In 2014, Students for Fair Admissions (SFFA) sued Harvard University in U.S. District Court in Boston, alleging that the university's undergraduate admission practices violated Title VI of the Civil Rights Act of 1964 by discriminating against Asian Americans. In 2019, a district court judge upheld Harvard's limited use of race as a factor in admissions, citing lack of evidence of "discriminatory animus" or "conscious prejudice".

↑ Return to Menu
LINKED FROM (PARENTS)
← Fourteenth Amendment to the United States Constitution ← Affirmative action ← Students for Fair Admissions v. Harvard ← Employment equity ← Fourteenth Amendment to the U.S. Constitution
LINKS TO (CHILDREN)
Affirmative action → Race and ethnicity in the United States → Women in the United States → Diversity, equity, and inclusion → Students for Fair Admissions v. Harvard →