The negative progress EOTO team presented many different events that hindered negative progress in the ‘60s and ‘70s. The assassination of MLK was a devastating event for the civil rights movement. MLK was a civil rights leader and people around the country mourned his death. The death of RFK was another devastating death because it made it seem as if peaceful change in America was achievable. It created extreme division in the United States, and it prevented change from happening in the US. Malcolm X was another man assassinated during this period. This was a tragic event in the civil rights movement. Anti-miscegenation laws were laws against interracial marriage. This was harmful to progress in the African-American community because it further segregated African Americans and white people. Redlining is where the FHA would redline houses where they believed the loans would not be paid off. After this black people were unable to receive loans and buy houses. The Boston Bus Riots were where white protestors were throwing things at the buses carrying black children. A lot of violence occurred against black students in desegregated schools.
In the case of Regents of the University of California v. Bakke, the court was deciding if the University of California quota system was constitutional or not. Bakke was a white plaintiff who had good grades and a great transcript and did not get accepted into the USC med school whereas African Americans with worse grades got in over him. Bakke went to court to go against the Board of Regents because he believed he was experiencing racism
The team representing the Board of Regents presented arguments on why the quota system was constitutional. The argument started by stating that white and black people should be able to be educated together and that desegregation is important for progress in America. The Civil Rights Act and EEOC were ensuring desegregation in the United States. Universities were trying to increase the attendance of the African-American population in their institutions, and the quota was helping to achieve that goal. They presented that affirmative action would help equalize Universities because although we were all created equally, the opportunities we get are not always equal. They also presented the importance of diversity in universities to open people up to more cultures and ways of life. Lastly, they presented the legal argument stating that the use of racial quotas is permitted under the equal protection clause. We live in a country founded on all men being created equal. The 14th Amendment is just being respected as an amendment. The equal protection clause should be used to help African Americans get a higher education. Nothing is barring educational institutions from giving favoritism to minorities in the acceptance process therefore, the use of quotas is constitutional.
The team representing Bakke presented arguments on why the quota system was unconstitutional. They presented that affirmative action is unfair and unsuccessful. The policy is a favoritism towards a certain race. It is based on preferential treatment based on race. It has caused acceptance in college to be based solely on race which is not fair. The treatment of a person based on their race is wrong. It is unnecessary to have affirmative action when HBCUs exist. College admissions should be based on an individual's abilities and accomplishments. The government should instead fix the primary and secondary education institutions to increase the education of African Americans before college. HBCUs have given African Americans education around the United States. HBCUs allow students to thrive without preferential treatment in the admission process. Affirmative action causes significant problems. There is a creation of a reverse bias. Individuals more qualified are overlooked to accept underrepresented groups. Individuals should be judged based on achievements. Minority groups may feel the need to prove themself which leads to stress. There is also a risk of tokenism. This can make individuals feel isolated or undervalued. Affirmative Action does not address problems of unequal access to education, or economic inequality. Lastly, students are placed in institutions they are not academically prepared for.
The decision in this case was not normal. Because this was such a tough case, the court compromised by giving each side a little of what they wanted. On the side of Bakke, they decided that a quota system was unconstitutional. On the side of the Regents of the University of California, they decided race can be used as a factor but not the factor for acceptance
