In this term paper the author discusses US race relations under the aspect of “affirmative action”. Under the influence of the civil rights movement African-Americans and white liberals managed to achieve a breakthrough in civil rights legislation in the 1960s. This became the foundation of administrative measures that were intended to get minorities into business, civil service and colleges. These are called “affirmative action”. The policy, designed to achieve equal opportunities for blacks, is itself ambiguous as the law prohibits discrimination ad preferential treatment of any US citizen. The author focuses on this dilemma. First she defines what affirmative action is, what its purpose is and to what extend it can lead to preferential treatment. Then a look is taken at the history of African-Americans since the end of slavery in the 19th century. This is inevitable to understand the intentions and goals of the civil rights activism of the 1950s and 1960s. Chapter four focuses on the pros and cons of affirmative action. One the one hand the author explores philosophical, legal and social arguments for the advancement of blacks. On the other hand she analyses legal criticism of affirmative action and the argument of “reverse discrimination”. Finally, the author explains why the US still needs affirmative action and how it can be revised.
Table of Contents
1 INTRODUCTION
2 AFFIRMATIVE ACTION: DEALING WITH DIVERSITY
3 HISTORY OF AFFIRMATIVE ACTION POLITICS CONCERNING AFRICAN-AMERICANS: FROM CIVIL RIGHTS MOVEMENT TO CIVIL RIGHTS ACT OF 1964
3.1 SITUATION OF AFRICAN- AMERICANS IN THE 1950S
3.2 LEGAL FOUNDATIONS: THE BEGINNING OF AFFIRMATIVE ACTION UNDER PRESIDENT LYNDON B. JOHNSON
4 AFFIRMATIVE ACTION: ESSENTIAL POLICY FOR SOCIAL INCLUSION OR “REVERSE DISCRIMINATION”?
4.1 POLITICAL ARGUMENTS AND LEGAL ASPECTS FOR IMPLEMENTING AFFIRMATIVE ACTION
4.2 THE SOCIO-ECONOMIC ARGUMENT FOR AFFIRMATIVE ACTION
4.3 4.3 CONTROVERSY: AFFIRMATIVE ACTION AS “REVERSE DISCRIMINATION”?
5 CONCLUSION: THE FUTURE OF AFFIRMATIVE ACTION
Objectives and Topics
This paper examines the evolution and impact of affirmative action policies in the United States, specifically focusing on their role in addressing the historical and systemic discrimination faced by African Americans. It investigates the balance between the pursuit of social inclusion and equality of opportunity versus criticisms regarding "reverse discrimination" and preferential treatment.
- The historical context of African American civil rights and segregation.
- Legal frameworks including the Civil Rights Act of 1964 and key Supreme Court precedents.
- Political and socio-economic arguments supporting affirmative action.
- The controversy surrounding "reverse discrimination" in university admissions and employment.
- The potential future and necessary revisions of affirmative action policies.
Excerpt from the Book
3.1 Situation of African- Americans in the 1950s
If we want to comprehend American segregation, as well as the social and legal situation of Afro-Americans in the 1950s, we have to explore the historical development of Black life in the USA since the abolition of slavery after the end of the Civil War. In 1865 the 13th amendment of the US constitution announced the abolition of slavery. On the one hand the “freedmen” were not longer a property of white people, but one the other hand they were not really “free”, but still remained members of an “inferior race” and “second class citizens”. They did not have the same rights as whites. This meant they were denied civil rights like suffrage, equality before the law or a free choice of employment.
The 14th amendment granted all persons born or raised in the US full citizenship and equality before the law, which theoretically applied to all people in the US, regardless of gender, religion, or colour of skin etc. However the relationship of blacks and whites did not change immediately. One could not expect an “overnight” emancipation of blacks and a change of a society based on white hegemony and racism. The newly created rights for black people hardly became reality. In 1870 the 15th amendment granted suffrage for black men, but it was not until 1965 when the National Voting Rights Act of 1965 eliminated discrimination of Blacks in the South.
Summary of Chapters
1 INTRODUCTION: This chapter introduces the seminar context, the historical focus on US race relations, and the central dilemma of affirmative action policy.
2 AFFIRMATIVE ACTION: DEALING WITH DIVERSITY: This section defines affirmative action and explores its role in managing diversity and facilitating social inclusion for historically excluded minorities.
3 HISTORY OF AFFIRMATIVE ACTION POLITICS CONCERNING AFRICAN-AMERICANS: FROM CIVIL RIGHTS MOVEMENT TO CIVIL RIGHTS ACT OF 1964: This chapter traces the transition from segregation and the "Black Codes" to the establishment of legislative foundations and presidential executive orders under Kennedy and Johnson.
4 AFFIRMATIVE ACTION: ESSENTIAL POLICY FOR SOCIAL INCLUSION OR “REVERSE DISCRIMINATION”?: This chapter analyzes the political, legal, and socio-economic arguments for affirmative action and addresses the heated debate regarding its potential to cause "reverse discrimination."
5 CONCLUSION: THE FUTURE OF AFFIRMATIVE ACTION: This chapter summarizes the inherent contradictions of the policy, evaluates perspectives from Supreme Court justices, and suggests potential revisions for future implementation.
Keywords
Affirmative Action, African Americans, Civil Rights, Segregation, Reverse Discrimination, Equality, Social Inclusion, US Constitution, Supreme Court, Race Relations, Diversity, Education, Employment, Discrimination, Equal Opportunity.
Frequently Asked Questions
What is the core subject of this paper?
The paper discusses the historical evolution, political arguments, and controversies surrounding US affirmative action policies specifically concerning African Americans.
What are the primary themes discussed?
Key themes include civil rights legislation, the concept of racial equality, socio-economic disadvantages, college admission policies, and the debate over preferential treatment.
What is the main research objective?
The paper aims to evaluate whether affirmative action is an essential tool for social inclusion or if it inadvertently leads to "reverse discrimination," ultimately proposing how it might be revised.
Which scientific methodology is employed?
The author uses historical analysis, review of legal case law (Supreme Court decisions), and examination of sociological studies to support the argument.
What topics are covered in the main body?
The main body covers the history of African American struggle for rights, the legal foundations of affirmative action under Presidents Kennedy and Johnson, and detailed pros and cons regarding social equity.
Which keywords best characterize the work?
Keywords include Affirmative Action, Civil Rights, Segregation, Reverse Discrimination, Equality, and Diversity.
How did the Bakke case influence the debate on affirmative action?
The Bakke case led to a split Supreme Court decision that deemed strict quotas unconstitutional while permitting race to remain one of several factors in admissions.
Why does the author argue that affirmative action needs revision?
The author argues that current quota systems are too rigid and fail to capture the complexity of an individual's background, suggesting a shift toward broader financial and educational support.
What is the significance of the "vicious circle" mentioned in the text?
Referring to Gunnar Myrdal, the "vicious circle" describes how social and educational disadvantages reinforce each other, creating a barrier that prevents minorities from succeeding despite legal emancipation.
How does the experience of Clarence Thomas and Sonia Sotomayor contrast in the text?
Clarence Thomas argues that affirmative action stigmatizes black professionals by questioning their merits, whereas Sonia Sotomayor credits the policy for providing her the opportunity to succeed at elite institutions.
- Quote paper
- Katharina Fischer (Author), 2010, Advantages and Controversy of US "Affirmative Action" concerning African - Americans, Munich, GRIN Verlag, https://www.grin.com/document/153507
