Toward an Understanding of Bakke |
Other editions - View all
Common terms and phrases
265 Opinion admitted affirmative action plan affirmative action programs agencies Albemarle Paper Co Allan Bakke American amicus curiae Bakke Bakke's basis of race BLACKMUN California Civil Rights Act color Commission Committee Cong Congress Constitution Davis decision denied disadvantaged discriminatory effects of past employers Equal Employment Opportunity Equal Protection Clause ethnic Executive Order Federal funds Fourteenth Amendment goals Guidelines Harvard College individual judgment judicial JUSTICE POWELL Korematsu Labor Medical School ment minorities and women minority applicants minority groups national origin Negroes Opinion of BRENNAN Opinion of PoWELL past discrimination petitioner petitioner's plan or program preferential private cause prohibit purpose race race-conscious racial classifications racial discrimination racial minorities racial preferences reasonable Regents regulations remedy respondent Santa Fe Trail segregation Senator special admissions program statute strict scrutiny Supp supra Supreme Court tion Title VI Title VII tive University violation WHITE
Popular passages
Page 18 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 24 - [a] word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.
Page 33 - These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws.
Page 48 - It was to achieve equality of employment opportunities and remove barriers that have operated in the past to favor an identifiable group of white employees over other employees. Under the Act, practices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to "freeze" the status quo of prior discriminatory employment practices.
Page 126 - Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one?
Page 31 - It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny.
Page 166 - Form 100 has been jointly developed by the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs of the US Department of Labor, as a single form which meets the statistical needs of both programs.
Page 148 - But the Constitution of the United States is not a mere lawyers' document: it is a vehicle of life, and its spirit is always the spirit of the age.
Page 152 - Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.
Page 132 - We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.