Heimlich's History: Affirmative Action in the Supreme Court

Overview

• Last video in Unit Three of the AP Government Curriculum
• Focus: Affirmative Action and the Supreme Court's role in civil rights of minority groups

Definition of Affirmative Action

• Policies that favor historically discriminated groups
• Roots in 19th-century policies; modern version started with JFK's executive order for federal contractors
• JFK's order: Contractors must take affirmative action to ensure non-discrimination in employment
• Affirmative action actively combats discrimination vs. relying on passive laws

Public Reaction

• Policy controversial; especially among white people who felt discriminated against

Supreme Court Cases & Constitutional Debate

Fundamental Questions:

• Is the Constitution colorblind?
  • One side: Constitution doesn't address race, shouldn't be used for racial questions
  • Other side: Constitution forbids racial classifications if they harm races, but allows them to help historically discriminated races

Types of Segregation

• De jure: Racial discrimination by law (e.g., Jim Crow laws)
• De facto: Racial segregation by personal choice (e.g., "white flight")

Key Cases

Regents of University of California v. Bakke (1978)

• UC Medical School reserved 16 out of 100 spots for minorities/women
• Alan Bakke, a white applicant, denied admission and sued
• Court Ruling: Mandatory quotas unconstitutional, but race can be a factor (not sole factor) in admission

Ricci v. DeStefano (2009)

• Firefighters' promotion exam; no black firefighters scored high enough
• City discarded scores; high scoring firefighters sued
• Court Ruling: Exam was a valid measure, not a case of de jure segregation; upheld colorblind perspective

Conclusion

• Court rulings often not favorable to affirmative action
• Affirmative action can be used, but not as the sole factor in decision-making
• Encouragement to review and subscribe for more educational content