Protection of Rights Today

• Constitution Protects rights

  • Bill of Rights protects a range of rights including: 1st speech and religion, 5th rights of the accused, 14th and 15th protect civil rights
• Supreme Court protects rights

  • Roe v Wade (1973), Obegefell v Hodges (2015)
• Acts of Congress protect rights

  • Civil Rights Act (1964), Voting Rights Act (1965), Affordable Care Act (2010)
• Affirmative Action


  Favours historically disadvantaged members of community and tries to correct past injustices based on race, gender and ethnicity. Started in 1961 when JFK created EEOs which required federally funded projects to use AA
• University of California v Bakke

  SC imposed limitations on AA to ensure that providing greater opportunities for the minority did not come at the expense of the majority
• Arguments for AA

  • Leads to greater diversity. 1965 Lyndon B Johnson issued executive order requiring all government contractors and subcontractors to expand job opportunities for minorities
  • Opens up areas of education. Since 2021 NCES survey showed college enrolment rates increased to 37% for black and 33% for hispanics
  • It is supported. 2021 Gallup Poll: 62% of adults favour AA for minorities
• Arguments against AA

  • Can be seen as discrimination against white people. 2023 the SC struck down AA in a vote of 6-3 no longer allowing schools to consider race in college admissions
• Successes of AA

  • Righted some wrongs faced by disadvantaged
  • Increased diversity in top institutions
  • Promoted equality and reduced racism as shown by Obama's election and Harris' (2020)
• Failures of AA

  • Has faced defeat in SC
  • A policy which distinguishes on race is unlikely to create a society which doesn't distinguish on race
  • Study by Stanford Law Review showed students given places based on AA went on to struggle with studies compared to other students