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The Adarand Constructors. V. Pena (Affirmative Action) Case

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Discuss the Adarand Constructors. V. Pena (Affirmative Action) case. Provide an overview and your opinion on the the decision.

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The Adarand Constructors. V. Pena (Affirmative Action) case is outlined and the decision is evaluated.

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http://www.civilrights.org/monitor/vol8_no2/art1.html?referrer=https://www.google.com.do/
http://webcache.googleusercontent.com/search?q=cache:PqXyQSTA3SQJ:https://www.oyez.org/cases/1994/93-1841&num=1&hl=en&gl=do&strip=1&vwsrc=0
http://webcache.googleusercontent.com/search?q=cache:zZdQhXZUkHEJ:www.dtic.mil/dtic/tr/fulltext/u2/a348141.pdf+&cd=8&hl=en&ct=clnk&gl=do

The case Adarand Constructors v. Pena was a Supreme Court case that established a strict scrutiny principle regarding federal contracts issued by the government for traditionally disadvantaged minorities. Prior to the Adarand ruling, federal contracts were required to use guidelines wherein federal agencies would actively seek to ensure that historically disadvantaged groups such as women and minorities would be included in prime contracts through the use of these groups as subcontractors. The specific program that was challenged by Adarand was a program implemented by the Department of Transportation wherein favor toward federal contracts were awarded to prime contractors who subcontracted with disadvantaged business enterprises, but the incentive was predicated upon the contract paying an additional 1.5 percent above the original price when at least one DBE was used for the contract while 2% was paid for prime contractors who used 2 or more DBE's.

The cornerstone of the case brought forth by Adarand was a challenge toward this practice as the plaintiff argued it was unconstitutional to deny companies federal contracts based upon the fact that the contractor was white or essentially being discriminated against in favor of prime contractors who receive favorable treatment when hiring minority subcontractors. Adarand lost the bid to minority contractors, and therefore, Adarand chose to challenge the legality of this practice by a federal agency, which led to the initial Trial court and Appeal court ruling in favor of the standard that existed at the time of intermediate scrutiny wherein the federal government had to only prove that a group had been historically exposed to racist and ...

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