Adarand V. Peña Court Case
mla 2 sources
Please read the case: Adarand v. Pena and answer the following questions:1. What constitutional issue is raised in the Adarand litigation?
2. After the Supreme Court’s 1995 decision in Adarand v. Peña what requirements did an affirmative action program have to meet to be constitutional?
3. Was the decision of the Court majority correct? Why or why not?
4. In a concurring opinion, Justice Scalia said that race classifications by government were never legitimate. In dissenting opinions, Justices Stevens, Souter, and Ginsburg argued that race-conscious remedies were justified. What were their arguments? With whom do you agree? Why?
5. Following Adarand v. Peña, the district court held that the affirmative action program in federal highway contracts was unconstitutional. Do you agree with this decision? Why or why not?
6. Do you believe that the Department of Transportation’s current rules for helping DBEs get highway construction contracts pass the strict scrutiny requirement?
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Case Study: Adarand V. Peña Court Case
- What constitutional issue is raised in the Adarand litigation?
Violation of former clauses of the constitution was the issue raised in the litigation. Among violated the clause of equal protection and that of due process. Racial preference was the main issue raised in the ligation (Clawson and Waltenburg, 71).
2. After the Supreme Court’s 1995 decision in Adarand v. Peña what requirements did an affirmative action program have to meet to be constitutional?
The action had to be reviewed under strict scrutiny…………….