AFFIRMATIVE ACTION: THE TROJAN HORSE IN THE AMERICAN LEGISTLATIVE STRUCTURE

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Date

2021-06

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UNIVERSITY OF MOHAMED BOUDIAF

Abstract

The following study aims to highlight and explore in greater depth the rationale behind the societal and legislative backlash against Affirmative Action in the United States. The very nature of the topic justifies the need for a blended approach: the descriptive as well as the analytical. The descriptive level in the study is used to provide a better understanding of the socio-historical context of Affirmative Action and also to highlight the underlying rational behind adopting a radical policy as such in order to ensue justice for minorities and women, whereas the analytical approach, in turn, is used to cross-examine the strengths and weaknesses of the policy vis-à-vis the various liberal theories and the rulings in some of the key ad hoc Supreme Court cases. The assessment of various pertinent studies and related literary works revealed that the application of Affirmative Action in the United States is facing an existential threat due to the fact that its popularity is declining among the new generation of Americans who apparently hold different perceptions of equality and justice, in addition to the fact that it has greatly lost the unconditional political and Judicial support that it previously had amid the 1960s.

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Keywords: Affirmative Action, Backlash, minorities, Women, Equality, Justice

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