The Retreat from Reform 1975-1992 · Spring Term

The Gulf War (1990-91) & British Involvement

Students will examine the Supreme Court's Milliken v. Bradley decision, analyzing how it limited the scope of desegregation efforts to individual school districts.

About This Topic

This topic evaluates the legal and social debates surrounding affirmative action, focusing on the landmark Regents of the University of California v. Bakke (1978) case. Students examine how the concept of 'reverse discrimination' emerged as a powerful political force and how the Supreme Court attempted to balance the goal of diversity with the rights of the individual. The study also covers the expansion of affirmative action in the 1970s and the growing conservative backlash against 'quotas'.

At Year 13, students analyse the impact of affirmative action on the growth of the Black middle class and the internal debates within the African American community about its effectiveness. They consider how the debate intensified during the Reagan era and the shift toward 'colourblind' policies. This topic is best taught through mock trials of the Bakke case and by debating the merits of 'equity' vs. 'equality' in a historically unequal society.

Active Learning Ideas

Mock Trial: Bakke v. University of California

Students act as lawyers for Allan Bakke and the University. They must argue whether the use of a specific racial quota for medical school admissions violated the 14th Amendment's equal protection clause, focusing on the distinction between 'quotas' and 'goals'.

⏱ 50 min·Small Groups

Generate mission

Think-Pair-Share: Equity vs. Equality

Students look at the famous illustration of people of different heights trying to see over a fence. They discuss in pairs how this visual represents the difference between 'equality' (giving everyone the same) and 'equity' (giving everyone what they need to succeed) in the context of affirmative action.

⏱ 30 min·Pairs

Generate mission

Inquiry Circle: The Impact on the Black Middle Class

Groups research data on Black college enrollment and professional employment from 1960 to 1990. They present on the extent to which affirmative action contributed to the significant growth of the Black middle class during this period.

⏱ 45 min·Small Groups

Generate mission

Watch Out for These Misconceptions

Common Misconception

Affirmative action means that unqualified people are given jobs or university places.

What to Teach Instead

In most cases, it involves choosing between qualified candidates while considering race as one of many factors to promote diversity. Peer discussion of the 'plus factor' approach helps students understand the nuance of the policy.

Common Misconception

The Bakke case ended affirmative action.

What to Teach Instead

The Court actually upheld the use of race as a factor in admissions, while banning the use of rigid racial quotas. Using a station rotation to look at subsequent cases like Grutter v. Bollinger helps students see the ongoing legal evolution of the policy.

Frequently Asked Questions

What was the Bakke case about?

Allan Bakke, a white applicant, sued the University of California after being denied admission to medical school twice, despite having higher test scores than some minority applicants admitted under a special programme. He argued that the school's use of a racial quota violated his rights under the 14th Amendment.

What did the Supreme Court decide in Bakke?

In a split decision, the Court ruled that the university's specific quota system was unconstitutional. However, it also ruled that race could be used as one of several 'plus factors' in admissions to achieve the goal of a diverse student body, which the Court deemed a 'compelling state interest'.

Why did affirmative action become so controversial in the 1980s?

The policy became a central target of the 'New Right' and the Reagan administration, who argued that it was a form of 'reverse discrimination' that violated the principle of meritocracy. They promoted a 'colourblind' approach to law and policy, which many civil rights activists saw as a way to ignore the ongoing effects of systemic racism.

How can active learning help students understand affirmative action?

Active learning, such as a mock trial of the Bakke case, helps students engage with the complex legal and ethical arguments on both sides. By investigating the impact on the Black middle class, students see the real-world consequences of the policy. This approach helps them move beyond slogans to a deeper understanding of the challenges of achieving true racial equality.

Browse curriculum by country

• Americas
• US
• CA
• MX
• CL
• CO
• BR

• Europe
• UK
• IE
• FR
• DE
• ES
• IT
• NL
• PT
• SE

• Asia & Pacific
• IN
• SG
• AU