Michigan State University Extension
Diversity and Pluralism - 02050078
12/95/
ERIC TITLE NUMBER: ED169646 AUTHOR: Harris, J. John, III
TITLE: Can Affirmative Action Plans Be Justified under the
Compelling Interest Clause of the Fourteenth Amendment?
YEAR PUBLISHED: 1978
NOTE: 17 p.; Chapter 11 of "School Law Update--1977" (EA
011
530); For related documents, see EA 011 530-556
AVAILABILITY: Not available separately; See EA 011 530
ABSTRACT: 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)
KEY DESCRIPTORS: Court-Litigation; Elementary-Secondary
Education; Higher-Education; Teacher-Role
KEY DESCRIPTORS: *Affirmative-Action
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