Frankly, teaching affirmative action and the Bakke case is difficult in my school setting. I teach in a predominantly rural white community, we currently have no African Americans in my school, and in my 13 years there we have had fewer than 8 African Americans. I can lay out the principals of the Bakke case and discuss the reasons for it, but my students simply see it as reverse discrimination. They cannot get the job or into a school because they are white, which after teaching the 14th amendment, to them is discrimination. I also find it hard since other court cases seem to contradict previous ruling.
Bakke ruled that a school could take race and ethnicity into account, but could not use quotas. Admission programs must be narrowly tailored to harm as few people as possible. Since Bakke, the court seems to have 2 different views on the issue. Those in favor argue that affirmative action programs should be a modest response against discrimination and that strict scrutiny standard must be used to evaluate the constitutionality of affirmative action programs. Justice O’Connor states that “all federal classifications must serve a compelling government issue” and by applying strict scrutiny was the best way to ensure that courts will give consistent racial classification detailed examination. (Justice O’Connor was the swing vote in many affirmative action cases following Bakke) In the Adarand case, the majority agreed that strict scrutiny was the appropriate judicial standard.
Justice Marshall wrote that race conscious remedies that serve government objectives, and are related to the achievement of these objectives are constitutional.
On the other side you have Justice Scalia who argued that the government never has a compelling interest in discriminating on the basis of race in order to make up for past racial discrimination. Our constitution is color blind, he argues, and under our constitution there can be no such thing as a creditor or debtor race. That concept does not align with the constitutions focus on the individual.
So the question is how do we teach affirmative action to our students in today’s society? It seems, with the new rulings, that affirmative action is under attack, and there seems to be support building to do away with it, “to take the training wheels off”, is how I have heard it put. I think it is very important to teach students first the reasons behind the rulings. So often students (and ourselves) form our opinions with out understanding the entire situation. Students must understand the history and issues of the time of the Bakke case. They must also understand the history of civil rights over the period of time from the early 70’s to the present. As educators we need to teach them both sides of the issue as far as the court is concerned, and how those are tied into the history of the time. Can those ideas change; certainly, they always do with time (Plessy and Brown).
I think that in today’s classroom, you give them the historical evidence, the reasons and factors behind the courts rulings, and teach them to make decisions and form their opinions on that basis. It is not the educator’s job to teach them whether affirmative action today is right or wrong. It is our job to equip them with the ability to make those decisions based upon historical evidence and their own research.