Paper Summary:

This paper is mainly argumentative in nature, but also thoroughly analyzes the pros and cons of the issue, as well as compares and contrasts views of both sides. The main argument is that current laws regarding affirmative action in the workplace may be seen as unconstitutional. The paper touches on important related issues such as reverse discrimination and constitutionality of other related laws. It concludes with a variety of ways that law reforms could make these policies more Constitution friendly. The paper also includes a brief summary and history of the U.S. Constitution.

From the Paper:

"So what exactly is unconstitutional about affirmative action? Some may argue that Amendment XIV should be interpreted to mean that equal rights is one of the privileges of being an American citizen, no matter what color or gender. If everyone has the same rights, why does affirmative action have the power to force schools and employers to choose one over another? After all, free enterprise and freedom of opinion are the main factors that make America envied by most other countries."

Sample of Sources Used:

• Affirmative Action Webpage. Feb. 3, 2004. "http://www.affirmativeaction.org/-19k-feb32004".
• Cahn, Steven. "The History of Affirmative Action". Affirmative Action and Diversity Page. Feb. 21, 1995. www.aad.english.ucsb.edu/docs/Cahn.html.
• Chang, David. "Discriminatory Impact, Affirmative Action, and Innocent Victims". Columbia Law Review, May 1991.
• Ragone, Tara. "Affirmative Action in higher Education". Affirmative Action and Diversity Page. May 5, 1996. www.aad.english.ucsb.edu/doces/Tara-Ragone

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