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Affirmative Action

James Wright

James Wright

7 min read

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Study Guide Overview

This study guide covers affirmative action and the Equal Protection Clause. Key concepts include the goals and controversies of affirmative action, the idea of a "colorblind" Constitution, the meaning and importance of the Equal Protection Clause (14th Amendment), landmark Supreme Court cases like Brown v. Board, Bakke, Grutter, and Gratz, and how these cases have shaped the use of race in college admissions. The guide also provides practice questions and exam tips for the AP US Government exam.

AP US Government: Affirmative Action & Equal Protection - The Night Before Review πŸš€

Hey! Let's get you prepped and confident for your AP Gov exam. We're diving into Affirmative Action and the Equal Protection Clause – key topics that often pop up. Think of this as your ultimate cheat sheet for tonight!

Introduction to Affirmative Action

Affirmative action is all about creating a level playing field. It's about policies and programs designed to boost equal opportunities and diversity, especially in education and jobs. 🎯

Key Concept

It aims to correct past discrimination by giving a leg up to historically underrepresented groups like women and minorities.

What's the Big Deal?

It's controversial! Some say it's essential to fix past wrongs, while others argue it's reverse discrimination. It’s a hot topic with strong opinions on both sides. πŸ”₯

Key Terms to Know

  • Equal opportunity: Everyone gets a fair shot, regardless of race, gender, etc.
  • Diversity: Having a mix of different people (races, ethnicities, genders).
  • Historically underrepresented groups: Groups that faced past discrimination (women, minorities).
  • Special consideration: Extra support to help these groups succeed.
  • Reverse discrimination: The idea that affirmative action hurts some groups (like white men).
  • Merit-based principles: Hiring/admitting based on qualifications, not race.
  • Legal challenges: Court cases questioning affirmative action policies.
  • Supreme Court decisions: Key rulings like Bakke and Grutter.
  • Use of race: Considering race in decisions (like college admissions).
  • Narrowly tailored programs: Programs designed to fix past wrongs without causing new ones.
Memory Aid

Think of affirmative action as a 'corrective lens' - it aims to fix imbalances but needs to be carefully focused to avoid distortion.

The "Colorblind" Constitution

This idea suggests that the Constitution shouldn't consider race in any decisions. It's all about treating everyone the same, regardless of their background. βš–οΈ

Why It Matters

  • Proponents believe ignoring race is the best way to achieve equality.
  • Critics argue it ignores historical and ongoing racism.
Common Mistake

Don't confuse "colorblind" with "equal protection." Equal protection acknowledges differences to ensure fairness; "colorblind" tries to ignore them.

The Equal Protection Clause

This is your constitutional backbone! It's part of the 14th Amendment and guarantees that everyone gets equal protection under the law. No discrimination allowed! πŸ’ͺ

What It Means

  • States can't deny anyone equal protection.
  • Used to strike down discriminatory laws (like segregation).
  • Also supports affirmative action, if done right.

Landmark Cases

  • Brown v. Board of Education (1954): Ended segregation in schools. 🏫
  • Regents of the University of California v. Bakke (1978): Addressed affirmative action in college admissions.
Quick Fact

The Equal Protection Clause is the reason why laws can't discriminate based on race, gender, religion, etc.

Grutter v. Bollinger (2003) & Gratz v. Bollinger (2003)

These two cases are crucial for understanding affirmative action in college admissions. They both involved the University of Michigan. πŸ›οΈ

Grutter v. Bollinger

  • The Supreme Court upheld the Law School's policy of using race as one factor in admissions.
  • The policy was deemed "narrowly tailored" to achieve diversity.

Gratz v. Bollinger

  • The Court struck down the undergraduate admissions policy.
  • The policy automatically gave 20 points to minority applicants, which was considered too rigid.
Exam Tip

Remember: Grutter = OK if narrowly tailored; Gratz = Not OK if too mechanical.

Key Takeaways

  • Affirmative action aims to promote equal opportunity and diversity.
  • It addresses past discrimination against underrepresented groups.
  • It's controversial, with debates about fairness and constitutionality.
  • The Supreme Court has set limits on how race can be used in admissions.
  • Programs must be "narrowly tailored" to be constitutional.
  • This is an ongoing issue with no easy answers. πŸ€”

Affirmative action and equal protection are high-value topics because they touch on core constitutional principles and are frequently tested in both MCQs and FRQs.

Final Exam Focus 🎯

Top Topics

  • Equal Protection Clause: Know it inside and out!
  • Grutter and Gratz: Understand the key differences.
  • "Colorblind" Constitution: Be able to discuss both sides.
  • Affirmative Action: Know the goals and controversies.

Common Question Types

  • Multiple Choice: Expect questions about the legal basis of affirmative action and key court cases.
  • Short Answer: Be ready to explain the Equal Protection Clause and its impact.
  • Free Response: You might need to analyze a scenario involving affirmative action or compare different viewpoints.

Last-Minute Tips

  • Time Management: Don't spend too long on any one question. Move on and come back if needed.
  • Common Pitfalls: Avoid overgeneralizations. Be specific and use examples.
  • Strategies: Read questions carefully, plan your answers, and use all the time you have.
Exam Tip

For FRQs, always connect your arguments back to the Constitution and relevant Supreme Court cases. Show, don't just tell!

Practice Questions

Practice Question

Multiple Choice Questions

  1. Which Supreme Court case established the principle of "separate but equal"? (A) Brown v. Board of Education (B) Plessy v. Ferguson (C) Miranda v. Arizona (D) Marbury v. Madison

  2. The Equal Protection Clause is part of which amendment? (A) 1st Amendment (B) 5th Amendment (C) 10th Amendment (D) 14th Amendment

  3. In Grutter v. Bollinger, the Supreme Court ruled that: (A) Affirmative action is unconstitutional in all cases. (B) Race can be a factor in college admissions, but must be narrowly tailored. (C) All forms of affirmative action are legal. (D) Colleges must use a quota system for admissions.

Free Response Question

Prompt:

Explain the concept of the Equal Protection Clause of the Fourteenth Amendment. Then, analyze how the Supreme Court's decisions in Grutter v. Bollinger and Gratz v. Bollinger have shaped the application of this clause in the context of affirmative action policies in college admissions.

Scoring Breakdown:

  • (1 point): Definition of the Equal Protection Clause.
    • The response accurately defines the Equal Protection Clause as part of the Fourteenth Amendment, guaranteeing equal protection under the law for all citizens.
  • (2 points): Explanation of Grutter v. Bollinger.
    • The response accurately explains that the Court upheld the University of Michigan Law School's policy of using race as one factor in admissions, as it was narrowly tailored to achieve diversity.
  • (2 points): Explanation of Gratz v. Bollinger.
    • The response accurately explains that the Court struck down the University of Michigan's undergraduate admissions policy, which automatically awarded points to minority applicants, as it was too rigid and not narrowly tailored.
  • (1 point): Analysis of the impact of these cases on the application of the Equal Protection Clause.
    • The response accurately analyzes how these cases have shaped the application of the Equal Protection Clause by establishing that race can be considered in admissions if it is narrowly tailored to achieve diversity, but not through rigid, quota-like systems.

You've got this! Go get 'em! πŸ’ͺ