This dissertation explores the controversial issues surrounding affirmative action in higher education. Are anti-affirmative action ballot initiatives in violation of the Equal Protection Clause of the Fourteenth Amendment by restructuring the political process of minorities in such a way that places special burden on their ability to secure preference that is not present for other groups? While the Ninth Circuit Court of Appeals found that ballot initiatives are constitutional, the Sixth Circuit is currently charged with exploring that same question. These answers provide a basis for the arguments for and against anti-affirmative action ballot initiatives under current law. This dissertation also explores whether race-based affirmative action programs, that are currently permissible based on the most recent ruling handed down by the Supreme Court, violate the Equal Protection Clause from the conventional argument. Does allowing for the use of race in admissions violate the Equal Protection Clause by discriminating against those who do not receive racial consideration? By Current Law, the answer is no, however, the future of this answer lies with the Supreme Court. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]