Swann V. Bakke Case Analysis

Improved Essays
The 1970s had increasing nonviolent activity (Civil Disobedience). In 1971, the Supreme Court, in Swann v. Charlotte-Mecklenburg Board of Education, upholds busing as a legitimism and sometimes necessary tool to achieve desegregation and integration. But, the court does not rule on segregation in public schools in northern states where it is mot imposed by statute. In 1973, congress passes Section 504 of the Vocation Rehabilitation Act barring discrimination against disabled people with use of federal funds. In June of 1973, Keyes v. School District No. 1 Denver Colorado, the Supreme Court addresses issue of school desegregation in northern public schools. The supreme courts finds segregation intentionally imposed unconstitutional even when …show more content…
In 1978, the Supreme Court, Regents of the University of California v. Bakke case, upholds the principle of affirmative action but rejects fixed racial quotas as unconstitutional. The case involves Alan Bakke, who was denied a slot at the University of California medical school at Davis. Bakke claims he is victim of reverse discrimination because a minority student, with lower test scores, was admitted instead on affirmative action grounds (Civil Rights 101). The people who were against the civil rights movement, who wanted Whites to be the master race, had their own movement called "the New Right". Their movement was made to overturn the gains of the 1960s, they spent millions of dollars on advertising and political campaign. "The New Right" pushed for a different kind of freedom, instead of equality for blacks, they sought freedom for American businesses. "The New Right" had four main goals, the first was to have complete freedom to make money through businesses. This included the freedom to exploit their workers and pollute the environment. The second goal was to get rid of public property, such as public parks and …show more content…
Reagan spent one trillion dollars on military. The largest peace-time military spending in history. By the end of Ronald Reagan’s presidency, most of the victories made in the 1960s were overturned (Barrett). Reagan and "The New Right" supported neoliberalism. In the 1970s, western governments, academia, and media understood relationship between state and market according to the same liberal consensus in WWII. The "Golden Age of Capitalism" government, capital, and labor had reached uneasy agreement that markets produced social ruin when left to their own devices. The state needed to mitigate inequality to provide basic services and to even out capitalism's boom-bust cycle. "Neoliberalism" was first used by interwar continental, economists, and philosophers. "Neoliberalism" was used to describe an economic doctrine that favors privatization, deregulation, and unfettered free markets over public institutions and government. Some people saw that "neo" signals a liberalism shorn of many of the features that made classical liberalism plausible and effective. There were two popular accounts of how this philosophy of free markets and minimal government came to determine the economic policies of the

Related Documents

  • Superior Essays

    With this, the Supreme Court ruled that the use of racial quotas is unconstitutional, but the university is allowed to practice affirmative action (Tribe,…

    • 975 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Allan Bakke Case Summary

    • 438 Words
    • 2 Pages

    The Civil Rights Act of 1964 signed into effect on July 2 outlawed discrimination founded on race, religion, and sex. However the university of California designated 16 out of 100 spots (16%) of admission for minority applicants in an attempt to create a diverse student body. This minority group included Blacks, Chicanos, Asians, and American Indians. Despite some of these minority applicants having lower test scores than Bakke they were accepted solely on the fact that they would contribute minority status to the university. Therefore the universities admission process violated the Civil Rights Act of 1964 as it denied Bakke admission due to him not being able to contributing to their goal of a diverse student body.…

    • 438 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Montgomery Jail Rhetoric

    • 104 Words
    • 1 Pages

    Martin Luther King Jr.'s fresh and skillful rhetoric put a new energy into the civil rights struggle in Alabama. The bus boycott would be 382 days of walking to work, harassment, violence and intimidation for the Montgomery's African-American community. Both King's and E.D. Nixon's homes were attacked. But the African-American community also took legal action against the city ordinance arguing that it was unconstitutional based on the Supreme Court's "separate is never equal" decision in Brown v. Board of Education. After being defeated in several lower court rulings and suffering large financial losses, the city of Montgomery lifted the law mandating segregated public…

    • 104 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    1) During the New Deal and Great Society Eras the Supreme Court innovated a number of Constitutional law doctrines in order to fight the pervasive discrimination of Jim Crow. Describe two such doctrinal innovations—how did the law change from previous interpretations and what are the specific case examples? Brown v. Board of Education is an excellent example of doctrinal innovation that changed its interpretation from previous precedent such as in Plessy v. Ferguson. This changed the interpretation of the 14th amendment Equal Protection Clause. When the 14th amendment was ratified in 1868, the framers had a very narrow interpretation of equality and whom it pertained to.…

    • 2576 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    Little Rock Nine Dbq

    • 494 Words
    • 2 Pages

    During the 1950’s and 60’s the Civil Rights Movement erupted across the United States. Many well known activists participated in this movement and influenced Americans to take action and press for progress. The civil rights movement’s goal was, in short, to give African Americans the same rights that were promised in the constitution to all people in the United States. In the 1960s the movement scored various legislative and judicial victories against racial discrimination, one of its biggest individual victories in this category was the end of voter discrimination.…

    • 494 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    On May 17, 1954, the U.S. Supreme Court ruled that segregation in public schools was unconstitutional. Before this Brown vs. Board of Education decision, many states had segregation laws stating African Americans and Caucasians should attend separate schools. In response to this, the National Association for the Advancement of Colored People adopted a plan for the integration of schools. The first schools to integrate would be high schools. Despite this opposition, nine African American students registered to enroll in Little Rock Central High School.…

    • 312 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    The first big battleground for the 50s of civil rights was over education. The Civil Rights Movement was not only bordered by the South’s issues, but also bordered by only racial inequality. Segregation was much larger than southern states. One of the infamous key cases in higher education is George McLaurin v. Oklahoma. McLaurin wanted to pursue getting his doctorate in education at University of Oklahoma, but due to its segregated policies, it did not offer any facilities for black students.…

    • 1144 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Linda Brown attended third grade in Topeka, Kansas, she traveled over an hour to go to a school reserved for blacks. Her father tried to enroll her in a nearer school, but she was rejected for being the wrong race. With the N.A.A.C.P.'s help, Oliver Brown sued the Board of Education. On May 17, 1954, the Supreme Court unanimously ruled in the Browns' favor. Brown v. Board of Education started the civil rights movement, and began a slow but steady process of dismantling legal segregation.…

    • 589 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Three Supreme Court Cases

    • 794 Words
    • 4 Pages

    There were many cases that reached three Supreme Court cases that lead to the segregation of schools. I will discuss three cases that led to the segregation of schools and the establishment of the separate but equal doctrine after the passage of Plessy v. Ferguson. The Brown v. Board of Education, 1954 case set the tenor that the Warren court case preceded during matters related to racial segregation. Establishing the concerns within this Brown v. Board of Education, 1954 set great policy declarations shadowed by less imposing and positively less definite decisions to implement such policies.…

    • 794 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Can you imagine being forced to use different, but identical facilities due to your skin color? Take this situation except the supposedly identical resources were significantly worse for those with colored skin and it accurately represents the state of the United States for the century following the Civil War. Due to long standing discrimination towards blacks as a result of slavery, many efforts were made by political figures to disrupt and halt the ability of blacks to integrate seamlessly into society. One of the key methods in which this was achieved was through the separation of education between whites and blacks. While whites would have better funding, blacks would receive far less funding and overall an unsatisfactory education.…

    • 1131 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The issue of equality based on race has given people a plagued view of America since its existence, and this issue of race does not stop when it comes to college admission. In 2003, a case known as Grutter v. Bollinger came in front of the Supreme Court and challenged the constitutional protection or lack of on an affirmative action plan adopted by an university. Grutter deals with the role the state plays in including a minority group into a larger part of the schools student body for educational benefits; this is the basis of affirmative action. The problem some people say of this is that under-favored minority groups are occasionally felt like they are pushed aside for these other group members. The challenge to affirmative action brought…

    • 1375 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    From reconstruction to the second reconstruction One of the major factors of the second reconstitution is Civil rights movement after Second World War is to provide full rights to every African American in the USA. Both constitutions are developed to resolve the racial inequality in the USA. The First Reconstruction was mainly to offer African-American the basic opportunities’ like voting, paying taxes and other basic facilities same as white men. The Second Reconstruction is to offer a democratic diverse America where everyone can express their opinions and has the freedom to choose their living style, job preference and educations (Borick, Hyde, Russell & Shafritz, 2017, p.473).…

    • 569 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    After the war, elite policymakers in the Western world continued to practice these New Deal liberal principles to ensure economic stability and social welfare throughout the world. They developed the Bretton Woods Institutions, in order to improve the balance of payment problems and to provide financial assistance for postwar reconstruction and development in damaged European countries and the Global South. By the early 1970s, this form of liberalism was beginning to face a crisis of “stagflation,” which…

    • 963 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Neoliberalism is a set of policies that focuses on privatization, deregulation, and the advancement of the free market over the public sector. Neoliberalism can…

    • 1239 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Separate But Equal Essay

    • 894 Words
    • 4 Pages

    Nonetheless, the defense purported that segregation was not unconstitutional in any way and there was nothing in the constitution outlawing it. They claimed that it was a matter that should be handled by the states and states should decide on the matter. Nevertheless, the court sided with the plaintiffs ruling that segregation violated the 14th amendment, which guaranteed that ‘states could not deny to any person within its jurisdiction the equal protection of the law’. In the case’s commentary, chief Justice Earl Warren said that” In the arena of public education, the doctrine of ‘separate but equal’ is not applicable.” He also added saying,” separate educational facilities are inherently…

    • 894 Words
    • 4 Pages
    Superior Essays