South Carolina 's Race Based Affirmative Action Program Essay

1394 Words Dec 15th, 2016 6 Pages
University of North Carolina’s race-based Affirmative Action program is crucial for accepting the right applicants that will make UNC a successful learning institution. By using cases such as Grutter v Bollinger, City of Richmond v. J.A Croson Co, California v. Bakke I will prove that this program will pass the strict scrutiny test and be held as constitutional. In addition, I will use cases such as Hopwood V. Texas refute arguments and alternate suggestions that have been made to counter the university’s program. In outlining the compelling interests of the government and negating proposed alternatives, it becomes obvious that the Supreme Court will rule in favor of the University of North Carolina’s admission policy. When it comes to the subject of balancing race, the courts have decided that there must be a compelling interest. As seen in the City of Richmond v. J.A Croson Co. case in 1989, there must be a reason behind achieving racial balance. Simply treating race differently to fill a quota would amount to racial balancing, which is unconstitutional. Therefore, racial balance is not to be achieved for its own sake (City of Richmond). This is important because the UNC affirmative action plan has multiple compelling interests that make it constitutional. When treating people differently based on race or nationality the law must be narrowly tailored to a compelling governmental interest. The interests must deal with national security, remedying past wrongs, or…

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