(A) Identify the constitutional provision that is common to both
Brown v. Board of
Education
and
Bakke v. California
.
The constitutional provision that is common to both
Brown v. Board
of Education
and
Bakke v. California
is the Equal Protection Clause.
(B) Based on the constitutional clause identified in part A, explain why the facts of
Brown v. Board
of Education
and
Bakke v. California
led to a different holding in both cases.
In Brown v. Board of
Education the case involved racial segregation in public schools. The Supreme Court ruled that racial
segregation of children in public schools violated the Equal Protection Clause because it created unequal
educational opportunities based on race. In Bakke v California the case involved affirmative action policies
in college admissions. The Supreme Court held that race could be considered as a factor in admission
policies. The college’s use of racial quotas was found unconstitutional and violated the Equal Protection
Clause.
(C) Describe an action that Congress could take to limit the impact of
Bakke v. California
if they
disagreed with the court’s decision.
Congress could pass legislation providing more definitive
guidelines on the use of affirmative action policies for college admissions. Also, they could create an
agency that would be responsible for conducting reviews on college admissions practices and provide
guidance to promote diversity beyond race.
