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action, affirmative, analysis, applied, background, constructors, court, critiques, decision, federal, legal, pena, programs, scrutiny, strict, supreme, 1995
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Essay (General) # 11660 :: Adarand Constructors, Inc. vs. Pena
Examines legal background & critiques 1995 Supreme Court decision that strict scrutiny analysis must be applied to federal affirmative action programs.
Written in 1996; 2,700 words; 17 sources; $ 95.95
From the Paper:
"This paper will discuss and critique the decision of the United States Supreme Court in Adarand Constructors v. Pena, where a majority of the Court held that strict scrutiny analysis must be applied to affirmative action programs implemented by the Federal government. The first part of the paper will briefly examine the history of judicial scrutiny of affirmative action programs. The second part of the paper will summarize the majority and dissenting opinions in Adarand. The third part of the paper will discuss how these opinions fit with previous decisions of the Court in this area.
The Adarand decision marked the acceptance by a bare majority of the Court of a uniformity of analysis under the Equal Protection Clause. Prior to this decision, a majority of the Court had clung..."

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