Please write a journal post of no more than 500 words discussing how the legacy of Jim Crow laws and Plessy v. Ferguson has led to policies involving affirmative action in education. Your discussion should evaluate whether the Bakke decision was correct. Textbook: L. Epstein and T. Walker. 2015. Constitutional Law for a Changing America: A SHORT COURSE. 7th ed Pages: Race; Affirmative Action: 621-631, 634-647 Scott v Sandford again (1857), Plessy v Ferguson (1896), Brown v Board of Education (1954), Regents of CA v Bakke (1976),
Throughout history,
racial segregation has existed in many ways. For instance, Jim Crow segregation
blended a system of anti-black legislation with racially discriminatory
cultural norms to create a lifestyle. Jim Crow laws were established to impose
racial discrimination throughout the South (Goldstein Hode and Meisenbach).
African Americans feared arrest or deadly retaliation if they ventured to
protest segregation. In the Plessy v. Ferguson ruling from 1896, the Supreme
Court upheld Jim Crow discrimination as legitimate (Goldstein Hode and
Meisenbach). The Supreme Court declared that African Americans were entitled to
"separate but equal" services under the Law. The Proclamation Of
emancipation declared an end to slavery in America, but it did nothing to
combat the prejudice that persisted. If left unregulated, racism extended from
the white southern populace to the municipal and state levels, infiltrating nearly
every aspect of American society. Jim Crow laws allowed individuals who yearned
for the time before the Civil War legal support and loopholes that avoided the
essence of the Emancipation Proclamation (Goldstein Hode and Meisenbach). Jim
Crow's nature readily transformed prejudice and discrimination from despicable
vices to admired virtues.
Affirmative action is
another situation when racial discrimination comes under scrutiny. Even now,
more than when it was first implemented, affirmative action legislation
distributing socially important resources is polarizing and unsettling
(“Regents of the University of California V. Bakke (1978)”). Since 1970, the
setting for affirmative action policies has undergone a significant
transformation, and an adjustment is lawful. Affirmative action strategies are
finding it more and harder to pass constitutional scrutiny since the Supreme
Court's Bakke ruling in 1978 unless they are properly crafted to address
particular historical instances of discrimination (“Regents of the University
of California V. Bakke (1978)”). The United States Supreme Court issued a
precedent-setting judgment in the case, and it supported affirmative action and
made race one of the numerous criteria used in college admissions. For
instance, the University of California, Davis School of Medicine reserved 16
out of 100 places for minority students, but the court concluded such limits
were unlawful (“Regents of the University of California V. Bakke (1978)”).
Work Cited
Goldstein
Hode, Marlo, and Rebecca J. Meisenbach. “Reproducing whiteness through
diversity: A critical discourse analysis of the pro-affirmative action amicus
briefs in the fisher case.” Journal of Diversity in Higher Education,
vol. 10, no. 2, American Psychological Association (APA), 2017, pp. 162–80.
https://doi.org/10.1037/dhe0000014.
“Regents
of the University of California V. Bakke (1978).” LII / Legal Information
Institute,
www.law.cornell.edu/wex/regents_of_the_university_of_california_v_bakke_(1978).