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Tuesday, March 26, 2019

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

Racial Preferences and the writing The war paint has survived two World Wars, a Civil War, and counterbalance slavery. This piece of paper was written to limit judicature in our lives and proclaim our rights as individuals. Through the course of measure, Amendments have been added to tending in current events that were not foreseen when the Constitution was originally written. Sixteen presidents later the Constitution was written, slavery was abolished and the Thirteenth Amendment was passed.. Three age later came the comprise Protection clause in the Fourteenth Amendment and two years afterwards that, the Supreme courtyard addressed voting rights in the Fifteenth Amendment.The decisions in Plessy and Brown be similar because of how the decisions affect the group instead of the individuals. The Court is continually ruling in regard to race instead of the individual. If the Constitution is truly saturation blind, then we would not have these distinctions between clas ses when the rulings are made. Each ruling by the Court should be done on an individual basis and by the merits of that particular individual instead of the contort of ones skin. The only reason the court rules in favor of Brown is because the implications go beyond just the individual affected, the ruling will affect the absolute black race. The effects of the Brown chance go a agglomerate further than the immediate case. After the separates had failed to integrate blacks and whites in society, the Federal disposal stepped up to end this atrocity. For years and years citizens in each state have attempted to forgo the three Amendments mentioned previously. In each case the Courts have attempted to use Harlans dissent opinion in Plessy as their guide to uphold this color blind Constitution.In recent cases concerning racial preferences, the Supreme Court, largely under the leadership of Justice OConnor, has articulated a new doctrine concerning the constitutionality of governmen tal racial classifications under the adequate vindication clause of the Fourteenth Amendment. The Court has determined, after twenty five years of debate, that the most stringent bar of review applies to all such classifications, even those intended to benefit rather than to burden historically disadvantaged minorities. This standard has been applied to racial preference programs in employment, state and federal ... ... Bakke v. Regents of the University of atomic number 20 also previously mentioned. In each case we are dealings with issues that supposedly were put to a halt with the 13th, 14th, and 15th Amendments. The Constitution continues to aid some people and hinder others. Still over a cardinal years later, we are still having conflicting results and are still referring to Harlans dissenting opinion about a color blind Constitution.Every magazine the Supreme Court rules in favor of one thing the equal protection pendulum swings the other way just enough to inflict col or on this color blind Constitution. Will the Constitution ever be color blind? One day when every race is intricate together and no one can claim that they are completely of one particular ethnic origin is when this color blind Constitution will occur. There are too 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 reserve color blind decisions without understanding the inevitable outcome. The pendulum has to be in the pith for a color blind decision to be made. Any time you make an exception for one group, there is another group universe affected.

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