Posted on 05 December 2010.
As one of the most controversial decisions in Supreme Court history, Roe V Wade determined that women have the constitutional right to privacy, which extends to abortion. Justice Harry Blackmun, the author of the majority opinion, stated that the Constitution does not explicitly mention a right to privacy but, “in varying contexts the Court or individual justices have, indeed, found at least the roots of that right.” Some critics of the decision feel that Roe V Wade actually created the right to privacy, one that was not in the constitution, but simply expanded on the 9th amendment as one of the “enumerated rights.” Did the courts expand on the “enumerated rights” of the ninth amendment in an unconstitutional way or did they do their job and protect the rights of all citizens?
Posted in Domestic Affairs, Hot Topics
Posted on 25 November 2010.
Background: In 1978 an Affirmative Action Plan was set into place, voluntarily, to allow both minorities and women to be hired into occupations there were underrepresented in with gender or race being a deciding factor in their promotion or hiring; without have a ‘quota’ being created. The Santa Clara County Transportation Agency adopted said plan and promoted Diane Joyce above her male coworker who were both qualified for the position. In 1987, the agency received a right-to-sue letter from Paul Johnson as the agency has violated Title VII of the Civil Rights Act of 1964 by using gender as the determining factor in job selection. The agency took a gradual approach to affirmative action to “attain” a balanced workforce without permanently “maintaining” a balance of gender and race. The case was affirmed.
Title VII of the 1964 Civil Rights Act: An employer cannot withhold a job or promotion from an applicant because of that person’s race, color, ethnicity, gender, or religion.
- Discrimination to fix discrimination is morally wrong and self-defeating.
- Johnson and another man were tied for second with a score of 75, while Joyce was in third with a score of 73.
- The interview criteria accounted for all relevant factors that related to the job.
- Affirmative Action is the correction of an unjust or under representation by selective discrimination.
- Both candidates were equally qualified.
- Women were 36.4 percent of the available labor in the area, but only 22.4 percent of the agency’s employees were women. It is only just that a government agency reflects the people it serves.
Posted in Domestic Affairs, Historical