The Constitution in American Life - Spring 2024 E13: Protected Classes and Affirmative Action

Presenting a round table discussion for all teachers and students of government and civics. Sources are linked to provide audience opportunity for deeper study.

Spring 2024 Episode 13: Protected Classes, Affirmative Action, and the stability of Precedence.

Unit V - Question Three

Question:

What were the key arguments in the SFFA v. President and Fellows of Harvard College case? How might the Supreme Court’s decision impact considerations regarding various protected classes in college admissions, and what do you believe this means for future cases?

*How did the Court consider and apply past decisions, such as Brown v Board of Education (1954) and Grutter v. Bollinger (2003) in reaching its conclusion?

*Under what circumstances, if any, is it appropriate for the U.S. Supreme Court to overrule its precedents?
References and Resources

https://docs.google.com/document/d/1AJXLrp75pkwqYKiKkyGXhUiAivu6GXWbRdBoWEbCPbc/edit?usp=sharing
Key Topics:

0:00 Intro

3:05
Affirmative Action clearly emanates from the 14th Amendments’ Equal Protection Clause. What was this clause a necessary addition to the Constitution?

15:58
How, if at all, does Affirmative Action further the goals of Equal Protection of the Law? Why, by the late 1960’s did many people see the necessity for Affirmative Action?

27:54
The key question pertaining to Brown and Grutter is does the Equal Protection Clause forbid all racial classification, or does it allow some classification meant to redress historical racism?

45:30
In today’s America isn’t it reasonable to say that the goal of “diversity” no longer meets the compelling governmental interest standard given that diversity develops organically and is not prohibited by law?

54:48
What qualifies as a legitimate basis for disregarding precedent by the Supreme Court?

1:02:23
Plan for admission proposed. Would this meet the constitutional standards set out in SFFA v. Harvard?

1:06:32
America is not alone amongst the world community in having to address the effects of past discrimination on insular minorities. How have other nations attempted to address?

1:09:40
Final thoughts, recommendation, and insights

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