ERIC Number: ED169646
Record Type: RIE
Publication Date: 1978
Reference Count: N/A
Can Affirmative Action Plans Be Justified under the Compelling Interest Clause of the Fourteenth Amendment?
Harris, J. John, III
The purpose of this paper is to discuss whether affirmative action plans for public schools and institutions of higher education can be justified under the compelling interest clause of the Fourteenth Amendment. Part 1 of the paper provides an historical as well as legal chronology of affirmative action in the U.S. Part 2 takes an analytical look at affirmative action in the societal setting. Part 3 examines this contemporary issue in light of discrimination in the schools. Part 4 discusses contemporary educational implications of affirmative action. The conclusion states that although the question of whether affirmative action can be justified under the compelling interest clause is a constitutional one, the power to operationalize this concept to its fullest rests with the citizens. It suggests that educators attempt to alter future public opinion before legal intervention is necessary. (Author/LD)
Descriptors: Affirmative Action, Court Litigation, Elementary Secondary Education, Higher Education, Teacher Role
Not available separately; See EA 011 530
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Fourteenth Amendment
Note: Chapter 11 of "School Law Update--1977" (EA 011 530); For related documents, see EA 011 530-556