Answer:
(A) Identify the constitutional provision that is common to both Brown v. Board of Education and Bakke v. California.
The Equal Protection Clause of the Fourteenth Amendment is common in both Brown v. Board of Education and Bakke v. California.
(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 ruling states that racial segregation in public schools was unconstitutional there was a reluctance to actually integrate schools. In 1978, Allan Bakke, a white male who was rejected from a university and said it was because of racial quotas. He argued that the University of California violated the equal protection guarantee of the Fourteenth Amendment and the Civil Rights Act. The majority argued that, by explicitly differentiating racial groups for consideration, the university violated the Constitution’s guarantee of equal protection under the law. Bakke v. California was a precedent case for affirmative action.
(C) Describe an action that Congress could take to limit the impact of Bakke v. California if they disagreed with the court’s decision.
To limit the impact of Bakke v. California Congress could bring personal stories of students who were admitted to universities over “more academically qualified” students not solely due to their race but also because they were more well rounded such as having jobs, doing sports, joined clubs, etc to show the court that affirmative action is not unfair and it helps disadvantaged people.
Explanation:
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