Essay on A Brief Note On Race Preference Admission Policies

1019 Words May 25th, 2016 5 Pages
EVALUATION: In Schuette, the Supreme Court improperly decided that the political process doctrine did not apply to the case at hand and upheld §26 of the Michigan State Constitution as valid. In short, this court (1) evaluates the wrong issue, (2) rewrites precedent, and (3) ignores the constitutional protections set up by the Fourteenth amendment.
First, it incorrectly addresses the issue before it. The question before the court was whether an amendment to the Constitution of the State of Michigan, approved and enacted by its voters, was invalid under the Equal Protection Clause. Agreeing with the dissent, the plurality focused more on who may be able to resolve the debate over the use of race-preference admission policies in higher education, when they should have been focusing on how the debate over the use of race-preference admission policies may be resolved. The plurality holds that the voters of Michigan should have the authority to enact laws as an exercise of the right given to them though the democratic power but what was more important was how the voters in Michigan changed the political process in order to get what they wanted and whether those actions were constitutional.
The plurality was correct when they stressed the importance of public debate on the matters of public policy. The dissent agrees but takes it one step further and explains that the democratic process is set up in a way that promotes equality and to ensure that the majority does not…

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