Evaluate the view that the measures to promote racial equality in the 21st century have been a total failure (30) Flashcards
Minority voters are protected
The 15th amendment in the US constitution gave African American men the right to vote in 1870, the poll tax had been used In some states to keep African Americans from voting in federal elections, the 24th amendment ratified in 1964 eliminated the poll tax.
In 2023 Allen v Milligan the Supreme court issued a 5-4 ruling in favour of black voters in a congressional redistricting case, ordering the creation of a second district with a large black population.
There was a violation of the Voting Rights Act 1965 in a Alabama congressional map with one majority Black seat out of seven congressional districts in a state where more than one in four residents is Black.
Voting rights act 1965, this prohibits racial discrimination in voting, this is designed to enforce voting rights guaranteed by the 14th and 15th amendments to the US constitution.
Voter turnout amongst black voters has increased significantly over the past 40 years, in 1980 only 50% went to the polls, by 2012 this number was 66%.
Minority voters are not protected
With the Voting rights act of 1965 is key legislation that prohibits racial discrimination in voting. However, in the 21st century much of the VRA has been repealed.
In the run up to the 2016 election 9 states introduced photo ID laws, black voters are statistically far less likely to possess such documents and therefore abnormally effected.
Brnovich v DNC 2021 ruled that neither of Arizona’s election policies violated the VRA, this included one outlawing ballot collection and another banning out of precinct voting this reduced minority participation in Arizonan elections due to a higher proportion voting postally.
Furthermore, Shelby County v Holder 2013 overturned section 4b of the VRA, making section 5 null and void as well. The impact of this was that states could now require ID to vote. This ruling once again disproportionately affected minority voters, as they were less likely to have an ID.
1 in 13 African Americans have lost their right to vote due to previous convictions, a rate of 4 times higher than other Americans, this is called ‘felony disenfranchisement’.
Affirmative action protects minorities
The way to overcome racial disadvantage was by introducing racial advantage through policies such as affirmative action, positive discrimination in favour of black Americans, this means equality of outcome amongst racial groups.
Although educational branches are prohibited from using race in any mechanistic admissions schemes, the Supreme Court has ruled that it can be counted as a factor.
Fisher v University of Texas ruled that the university did not violate the 14th amendment, and that using race as one of many factors to fill lasting places was in the state’s best interests. This upheld affirmative action and registers the development of racial equality within universities.
Further evidence of affirmative action being upheld can be seen in Grutter v Bollinger that saw the Supreme Court dismiss a student’s case. With once again complaints being made about 14th amendment rights, the Supreme court ruled that race could be used as a soft factor when trying to diversify the law school. This shows progress being made within universities to promote racial equality and shows the Supreme Court protecting this right.
The combination of Gratz v Bollinger and Grutter v Bollinger mean that universities can use race as a ‘plus factor’ when considering applicants, provided they also evaluate each applicants ability individually.
Affirmative action is ineffective
Gratz v Bollinger 2003, The court ruled that the university of Michigan’s affirmative action based admissions programme for undergraduate students was unconstitutional because it was to ‘mechanistic’.
Violation of the equal protection clause.
A points system that awarded 20 points to unrepresented minorities was unconstitutional as it means diversity contributions from applicants cannot be individually assessed.
Parents involved in community schools v Seattle school district 2007 it unconstitutional for a school district to use race as a factor in assigning students to schools in order to bring its racial composition in line with the composition of the district as a whole.
Schlette v Coalition to defend affirmative action 2014 further deconstructed affirmative action by ruling that the 14th amendments equal protection clause does not prevent states from enacting bans on affirmative action in education. This led to 9 states now banning affirmative action, for example Idaho in 2020, which has meant that racial equality has not been able to progress.
Immigration reform does protect
Biden reversing Trump’s Zero Tolerance policy that meant the Department of Justice could no longer prosecute suspected illegal entry. It protected minority immigrants who often had their families ripped apart when family members are charged with illegal entry. As well as this Biden overturned Trumps Muslim Ban, allowing for individuals from those countries to enter the US.
Some cities have passed laws that have stopped local law enforcement from cooperating with federal immigration enforcement. This allows for immigrants in the area to have safe harbour from the federal government. This promotes the livelihoods of minorities within ‘sanctuary cities.’
The Supreme court has a important role in promoting equality.
Department of homeland security v Regents of the university of California 2017, the court ruled that the Trump administration could not end the DACA programme, giving immigrants who illegally arrived as children a opportunity to become authorized for a work permit and two year deferred action from deportation.
Immigration reform means they arent protected
Kansas v Garcia the court gave states new authority to use state laws to prosecute immigrants for supplying false paperwork when applying for jobs, effectively giving extra powers to the states and federal government in immigration enforcement.
Trumps zero tolerance policy meant that the department of justice could prosecute undocumented citizens, a high percentage being Latina and Hispanic. This meant that there was a systematic separation of children from their carers if caught crossing the border illegally, with 628 children still yet to be located.
The Trump administration embraced the RAISE Act, in which it aims to reduce legal immigration into the US by 50%.
Trump v Hawaii 2018 embraced Trumps immigration policy labelled the ‘Muslim ban’.
