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SHANK, CASE STUDY 4
RACE-BASED AFFIRMATIVE ACTION IN COLLEGE ADMISSIONS --
KEEP IT, MEND IT, OR END IT: CALIFORNIA PROPOSITION 209 IN 1996 (K)

A.  Preview of the Study Guide

Affirmative action is a policy designated to provide equal opportunity for members of previously disadvantaged groups. It is designed to increase opportunities for minorities and women by considering the importance of race and gender in two main areas: the workplace and the institutions of higher education. Affirmative action was born during the Civil Rights Movement of the 1960’s led in part by Dr. Martin Luther King. 

 

The Civil Rights Movement resulted from Brown v. Board of Education of Topeka, Kansas (1954) that overturned Plessy v. Ferguson(1896). Thurgood Marshall’s argument for Ms. Brown was that the Plessy decision of “separate but equal” violated the 14th Amendment. In 1954 the brown unanimous decision, written by Chief Justice Earl Warren decided that “separate cannot be equal” allowing Ms. Brown to enroll in the school closer to her home that had been restricted to white students.
 

The Civil Rights Movement led to controversy about affirmative action. Desegregation and affirmative action included balancing the acceptance of students in schools and colleges during the Civil Rights Movement that began after 1954. Regents of the University of California v. Bakke (1978)decided the issue of affirmative action. A quota system in favor of minorities had led to the rejection of a white male’s admission to the University of California Davis Medical School. Mr. Bakke, student, brought it to the US Supreme Court that ordered the university to accept him. However, the same decision upheld the general principle of affirmative action.
 

The end of the Cold War in 1989 brought many changes.InCalifornia, Governor Pete Wilson (R) led the campaign to eliminate affirmative action on the University of California’s nine campuses. Then, he ran for the Republican presidentialnomination. He sponsored Proposition 209 (California Civil Rights Initiative) to repeal affirmative laws throughout California because he thought that it would allow him to be nominated by the Republican Party for the upcoming presidential election in 1996.
 

Included in this project are presidents, people, justices, interest groups, foreign policy and social movements related to these subjects.
 

Questions A:

A1.What policy was designed to provide equal opportunity?

A2.What kind of action is designed to increase opportunities for minorities and women?

A3.Which case overturned Plessy v. Ferguson?

A4.Who was the California governor who initiated Proposition. 209?

A5.Who led the Civil Rights Movement?

A6.Who was the lawyer of Ms. Brown?

A7.What position did Earl Warren hold on the US Supreme Court?

A8.Who was the student that brought a case against a university to court?

A9.Bakke was the plaintiff, who was the defendant?

A10. Which amendment number did Chief Justice Warran decide that Plessy v. Ferguson violated?

A11. What war ended in 1989?

B.  From World War II to Brown v. Board of Education of Topeka, Kansas (1954)

In 1945,World War II ended. The Allies defeated the Axis in a war based on the claims of racial or ethnic superiority. Also in 1945, Mussolini (Fascist) of Italy, Adolph Hitler (Nazi) of Germanyand Franklin D. Roosevelt (Democrat) of United States died. Hitler had fought to defend the superiority of the German people. Mussolini had fought to show the superiority of the Italian nation. Japan had fought to show the superiority of the Japanese people, especially, in Asia. 

 

President Harry S. Truman ended the war with the atomic bombing of Hiroshima and Nagasaki in Japan. United Nations (UN) alsocalled United Nations Organization (UNO) was created in San Francisco and was headquartered in New York by the main victorious Allies which became the 5 permanent UN Security Council members. The five permanent members of UN were United States, Soviet Union, China, Great Britain, and France. These five countries have the veto power in the UN. The UN in 1945 did not end world conflicts, however. The Cold War started between S.U. and U.S. A few years later in 1949 the U.S. created the North Atlantic Treaty Organization (NATO) with the membership countries of Canada, Great Britain, France, Denmark, Iceland, Italy, Norway, and Portugal.


 

The United States became actively part of World War II due to the attack of Japanese forces in Pearl Harbor, Hawaii. The war won by United States and the Allies through white and black American soldiers in spite of segregation in the armed forces.  Most minorities were put in the front line compare to the other group resulting in more casualties and deaths. Segregation started to weaken under the leadership of Dr. Martin Luther King, head of the Southern Christian Leadership Conference (SCLC). Civil Rights Movement grew in response to the segregation that followed the end of slavery as an economic system when the Civil War ended in 1865. In 1954, Brown v. Board of Education of Topeka, Kansas overturned Plessy v. Ferguson that paved the way for the Civil Rights Movement. Its aim was to gain equal rights for all people. 


 

Questions B:

B1.What ended in 1945?

B2.Who was the leader of Germany and what party?

B3.Who was the leader of Italy and what party?

B4.Who was the leader of United States and what party?

B5.Who was the US president that ordered the atomic bombing in Japan?

B6.Atomic bomb was dropped in what two cities in Japan?

B7.In 1945, what war started?

B8.In 1989, what war ended?

B9.What organization was created in 1945?

B10. The United Nations was created in what city?

B11. The United Nations was headquartered in what city?

B12. Which countries were the five permanent members of the UN?

B13. NATO stands for what?

B14. Give three names of countries that are member of NATO?

B15. What US movement originated in the 1960’s?

B16. Who was the leader of SCLC?

B17. What is SCLC stands for?

C.  Brown v. Board of Education of Topeka, Kansas (1954) 

Topeka, Kansas, the defendant in this historical court decision,  prohibited the African American plaintiff, Linda Brown, from attending a school closer to her home. Her NAACP (National Association for Advancement of Colored People)attorney, Thurgood Marshall (D) challenged the "separate but equal" decision of Plessy v. Ferguson (1896).  In the Plessy decision the U.S. Supreme Court ruled that state laws requiring  segregation by race and ethnic group on trains passing through Louisiana  were constitutional. In Brown v. Board of Education of Topeka, Kansas (1954) the U.S. Supreme Court, under Chief Justice Earl Warren (R), overturned Plessy v. Ferguson (1896).
 
In 1954 the Brown decision the U.S. Supreme Court decided  that separate school for blacks could never be equal schools.  Segregation (separation by race) violated the equal protection clause of the 14th Amendment.   In other words, in education "separate cannot be equal." The Brown decision led to the Civil Rights Movementled in part by  Dr. Martin Luther King. The Civil Rights Movement fought against two types of segregation: de jure segregation that is required by law, and de facto segregation resulting from private choices made by people rather than by law. 


 

Questions C: 

C1.What year was Brown v. Board of Education of Topeka, Kansas decided?

C2.Who was the original plaintiff in Brown v. Board of Education of Topeka, Kansas?

C3.Who was the original defendant in Brown v. Board of Education of Topeka, Kansas?

C4.What major event happened in 1954?

C5.Who was one founder and leader of the Civil Rights Movement?

C6.Brown v. Board of Education overturned (overruled) what court case in 1954?

C7.Who was the Chief Justice during Brown v. Board of Education?

C8.Who was the lawyer of Ms. Brown?

C9.What group provided Thurgood Marshall's legal services to  Ms. Brown?

C10. What is de jure segregation?

C11. What is de facto segregation?
 

D.  Regents of the University of California v. Bakke

 

In 1978, the Supreme Court decided Regents of the University of California v. BakkeAllan Bakke was a white male of Norwegian descent was rejected by the University of California at Davis Medical School. Bakke, then, filed a class action lawsuit to compel his admissions, alleging that the special admissions program operated to exclude him on the basis of his race. The Supreme Court decided that colleges could not use quotas but could consider race a factor in admissions decisions. Thurgood Marshall (D), the only African American Justice on the Supreme Court, was one of the four Justices who favor the university’s admissions plan. William Rehnquist (R) was one of the five justices, rejected the university’s two-track admissions policy. 

 

 
 
 

Questions D:
D1. Who was the plaintiff in Regents of the University of California v. Bakke?

D2.Who was the defendant in Regents of the University of California v. Bakke?

D3.What was the highest court to hear Regents of the University. of California v. Bakke?

D4.What kind of lawsuit was filed in the state court?

D5.Who was the only African-American Justice on US Supreme Court?

D6.Who was Chief Justice that rejected the University of California's quota system?

D7.NAACP stands for what?

D8.Thurgood Marshall asked the U.S. Supreme Court to overrule (overturn) what  1896 decision?


 

E.  From Cold War to Proposition 209 (California Civil Rights Initiative)

The Cold War began after the end of World War II in 1945 and ended in 1989. The Cold War was primarily between the United States and Soviet Union. The U.S. believed that it was important to check Soviets expansionist design in Western Europe. The U.S. was trying to restrain the Soviets in broadening their communism from Cuba to Central America, to the Middle East and Africa. The conflict reached its height during the Cuban Missile Crisis when the threat of nuclear annihilation hung over the world. The end of the Cold War led to the break-up of former Soviet Union into separate republics. Also it led three former members of Warsaw Pact Poland, Czech Republic, and Hungary to join NATO. In Germany, the collapsed of the Berlin wall that separated the communist east from democratic west signified the end of Soviet Communism. 

In the United States, the minorities struggled over segregation laws. Black people were battling wars overseas and dying for their country but were not permitted to attend the same school with the white students in their own country. This led to the Civil Rights Movements after the court decided in Brown v. Board of Education of Topeka, Kansas (1954) that Plessy v. Ferguson (1896) was unconstitutional. Also, in California there are changes that happened. One major development was the California Civil Rights Initiative spearheaded by Gov. Pete Wilson(R). California voters passed it and became first state in the nation to abolish affirmative action in the school system.

Questions E:

E1.When did the Cold War end?

E2.The fall of the Berlin Wall in Germany symbolized what kind of war ended?

E3.Who were the three nations that joined NATO in 1989?

E4.Who formed the Warsaw Pact?

E5.Soviet Union heads what treaty in Europe?

E6.Who was the governor of California?

E7.What is the other term for California Civil Rights Initiative?

E8.Which party did Gov. Pete Wilson supports?

E9.What kind of crisis happened in Cuba?

F. California Civil Rights Initiative (Proposition 209)

California Governor Pete Wilson (R), chairman of the Board of Regents of the University of California, the nation’s largest university system, successfully asked the Regents to end the university’s affirmative action programs, a few years after the Cold War ended in 1989.Wilson, then, wrote Proposition 209 to entirely eliminate affirmative action through out the State of California. The California Civil Rights Initiative, as Proposition 209 was called, was approved a year later by 54 percent majority. Gov. Wilson intention in writing Proposition 209 was his bid to be nominated by the Republican Party for the 1996 presidential election.

Questions F:

F1.Who was the Governor of California? 

F2.Who was the chair of Board of Regents of UC?

F3.Who wants to end affirmative action in California?

F4.Governor Wilson supports what party?

F5.Who is against illegal immigrants?

F6.Who initiated Proposition 209(California Civil Rights Initiative)?

F7.Who asked to end affirmative action in University of California system?

F8.Did the California Voters approve the Proposition 209?

F9.What action encourages equal opportunities?

G.  Presidents, Political Parties, and Slogans

President Harry S. Truman (D), in the years after World War ended in 1945, abolished racial segregation of the armed forces that existed during the World War II ended in 1945. 

Dwight Eisenhower(R) first tried to negotiate with Arkansas governor that failed. Eisenhower ordered Federal troops into Little Rock to federalize the Arkansas National Guard, allowing the African-American students to go to a previously “white only” high school. This was after the Supreme Court's 1954 decision in Brown v. Board of Education of Topeka to desegregate schools brought immediate controversy in the South. This occurred after the Arkansas governor used the National Guard to prohibit the African-American students from attending a Little Rock high school. 

President John F. Kennedy (D) asked that all federal contractors not just avoid discrimination but “take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, creed, color or national origin.” 

President Lyndon B. Johnson (D) believed that it was not enough to remove legal barriers confronting minorities; some form of affirmative action would be needed to help minorities overcome decades of prior discrimination. In compliance with Civil Rights Act of 1964 during the Civil Rights Movement, Pres. Johnson ordered federal contractors to take affirmative action to recruit, hire, and promote more minorities. Two years later, Pres. Johnson extended the coverage of affirmative action to women. 

President Bill Clinton (D), in his candidacy for 1996 presidential race, concluded that affirmative action was good for America but it might need some changes. His slogan was “ mend it, but don’t end it.”

1.Harry S. Truman (D)Slogan:“Fair Deal”

2.John F. Kennedy (D)Slogan: “New Frontier”

3.Lyndon B. Johnson (D)Slogan:“Great Society”

Questions G:

G1.Whose slogan is Fair Deal and what party?

G2.Whose slogan is Mend it, don’t end it and what party?

G3.Whose slogan is New Frontier and what party?

G4.Whose slogan is Great Society and what party?

G5.Who was the president that started the promotion of affirmative action?

G6.Who abolished racial segregation of the armed forces?

G7.Who ordered Federal troops into Little Rock, Arkansas?

G8.Who asked that federal contractors should take affirmative action in recruiting?

G9.Who believed affirmative action would help minorities from past discrimination?

G10. Who said that affirmative action was good for America?

H.  Supreme Court Chief Justice and Associate Justices 

Earl Warren (R), a former California Governor was the Chief Justice of the US Supreme Court who wrote Brown v. Board of Education of Topeka, Kansas (1954). Thurgood Marshall (D) was the first African American on the Supreme Court. Pres. Lyndon B. Johnson appointed Thurgood Marshall as a Justice, and the NAACP hired Thurgood Marshall as the lawyer for Ms. Brown (plaintiff).

The present Chief Justice of the Supreme Court is William H. Rehnquist (R). The first woman on the Supreme Court is Sandra O’Connor (R). The second woman on the Supreme Court is Ruth Bader Ginsburg (D). The second African American on the Supreme Court was Clarence Thomas (R). The first Italian American on the Supreme Court was Antonin Scalia (R).

Questions H: 

H1.Who is the current Chief Justice of the US Supreme Court? 

H2.Who was the first woman to sit on the Supreme Court? 

H3.Who is the first Italian American to sit on the Supreme Court? 

H4.Why is Thurgood Marshall important? 

H5.Who is the first democratic woman to sit on the Supreme Court? 

H6.Who was the first African American on the Supreme Court? 

H7.William H. Rehnquist serves what position in the U.S government? 

H8.How many African American have been appointed to the U.S Supreme Court? 

H9.How many Democratic women have been appointed to the U.S Supreme Court? 

J.  Social and Political Movements: Civil Rights Movements

In the United States the long history of segregation ended through civil rights movement. The movement was led in part by Martin Luther King and his SCLC (Southern Christian Leadership Conference) in 1960’s and was followed by other groups including the Rainbow/PUSH Coalition led by Jesse Jackson. The activities of these groups include working for the rights of African American and other minorities.

Interest groups that made up of minorities who might support civil rights movements include the following:

NAACP (National Association for the Advancement of Colored People) is the nation’s largest and strongest civil rights organization. Its main objective is to ensure the political, educational, social and economic equality of minority group citizens of the United States and eliminate race prejudice.

-- tend to support the Democratic Party

Rainbow/PUSH Coalition led by Jesse Jackson (D

– tend to support the Democratic Party

AIM – American Indian Movement -- tend to support Democratic Party

MALDEF – Mexican American Legal Defense and Educational Fund

-- tend to support Democratic Party

SCLC – Southern Christian Leadership Conference 

– led by Martin Luther King

-- tend to support Democratic Party

ADL – Anti-Defamation League - supports Jewish people and fights anti-Semitism through programs and services that counteract hatred, prejudice and bigotry. 

-- tend to support Democratic Party

American Civil Liberties Union (ACLU) – supports the civil rights movement’s goal of racial justice and equal opportunity and defended on first Amendment grounds its choice of peaceful demonstration as a way of achieving that goal. 

-- tend to support the Democratic Party

Questions J:

J1.What group favors free speech?

J2.ACLU supports what party?

J3.Who founded the SCLC?

J4.Who was the leader of NAACP?

J5.Who was the leader of Civil Rights Movement?

J6.Who was the leader of RAINBOW/PUSH Coalition?

J7.What party does these movements supports?

J8.What does the NAACP stands for?

J5.What movement helps to end segregation in America?

K. Farmers movements and interest groups

Interest groups that are made up of owners of farm who might support farmers' movement: 

American Farm Bureau Federation (AFBF)-- tend to support Republican Party 

National Grange promotes quality of life and profitable farms and ranches 

-- tend to support Republican Party

National Farmers Alliance (NFA)—tend to support Democratic Party

National Farmers Organization (NFO)—tend to support Democratic Party

National Farmers Union (NFU)—tend to support Democratic Party

Questions K:

K1.What is AFBF stands for?

K2.Who promotes quality of life and profitable farms and ranches?

K3.What is NFA stands for?

K4.What two groups support the Republican?

K5.What three groups support the Democrat?

K6.What is NFO stands for?

K7.What is NFU stands for?

 

L. Women’s pro-life and pro-choice movements, and interest groups

These groups were formed to improve women’s awareness towards the legality of abortion or to continue pregnancy. These include their rights to vote, in the home, workplace and political concerns. 

Interest groups that made up of women and religious leader who might support the pro-life or pro-choice movements include the following:

National Organization for Women (NOW) -- Favors Pro-choice movement NOW supports access to safe and legal abortion, to effective birth control, to reproductive health and education. NOW oppose attempts to restrict these rights through legislation, regulation (like the gag rule) or Constitutional amendment. 

-- tend to support Democratic Party

Emily’s List – favors Pro-choice movements -- tend to support Democratic Party

Feminist Majority Foundation Online -- tend to support Democratic Party

League of Women Voter’s (LWV) – favors pro-life movements 

-- tend to support Democratic Party

Questions L:

L1.NOW stands for what?

L2.NOW supports what party?

L3.Emily’s List favors what pro movement and supports what party?

L4.League of Women’s Voter supports what party?

L5.Feminist Majority Foundation Online supports what party?

M. Labor movements

These groups were formed to improve economic status and working conditions of farm, industrial, and electrical workers, and government employees. Interest groups that made up of worker who might support labor movements include the following:

Interest Groups that tend to support Democratic Party:

AFL-CIO -- American Federation of Labor – Congress of Industrial Organization

AFSCME -- American Federation of State, County, & Municipal Employees

IBEW- International Brotherhood of Electrical Workers

UFW – United Farm Workers – founded by Cesar Chavez

Questions M:

M1.Who founded UFW?

M2.UFW supports what party?

M3.What is AFL-CIO?

M4.What is UFW stands for?

M5.What is IBEW stands for?

M6.Cesar Chavez was the leader of what group?

N. Environmental movements

These groups were formed to protect the environment – land, air and water; they promote clean air, clean water, and nourishing food. These groups support the preservation and protection of our endangered rain forests and natural resources.

Interest groups that made up of environmentalist who might support environmental movements include the following:

Greenpeace International -- tend to support Democratic Party

Sierra Club -- tend to support Democratic Party

Environmental Defense Fund (EDF) -- tend to support Democratic Party

Questions N:

N1.What is EDF stands for?

N2.Which club protects the environment?

N3.Which fund promoted the clean air, water, and food?

N4.Greenpeace supports what party?

N5.Sierra Club supports what party?

N6.EDF supports what party?