More than 200 years ago, Thomas Jefferson pointed out that education is the key to “prepar[ing] citizens to participate effectively and intelligently in our open political system if we are to preserve freedom and independence” (Wisconsin v. Yoder 221). Today, all children are entitled to a free public education, regardless of race, religion, color, or creed. While education is not considered a fundamental constitutional right, most states have statutes guaranteeing to every child access to an education. The benefits of an education are undeniable, and few persons will have any chance at success without attaining at least a primary and high school education.
One significant piece of federal legislation that afforded many citizens the opportunity at higher education was the G.I. Bill. The bill provided a wide range of benefits for returning World War II soldiers (G.I. Bill). The G.I. Bill offered qualifying military members monthly cash payment that could be used towards tuition and living expenses in pursuit of higher education (G.I. Bill). Thus, the G.I. Bill enabled many Americans who would otherwise not be able to afford to pursue a higher educational degree.
Equal Access and Affirmative Action
While the G.I. Bill made it possible for many Americans who came from lower socioeconomic backgrounds to attend college, it did not solve the acute issue of racial discrimination in access to education. Until the middle of the 20th century, children of minority races were largely denied access to equal education. The notion of “separate but equal” handed down in Plessy v. Ferguson permitted black and white children to attend different schools, so long as the facilities were “equal” (Plessy v. Ferguson 550-551). The Plessy was decision was finally overturned in the landmark case Brown v. Board of Education, where the court recognized that separate was inherently unequal (Brown v. Board of Education 494-495).
Another important piece of federal legislation concerning education was the Higher Education Act of 1965 (HEA). The goal of the Higher Education Act was to strengthen the educational resources at institutions of higher education (Higher Education Act). HEA provided for financial assistance to students looking to higher educational, created new scholarships, and gave low-interest student loans (Higher Education Act). While the G.I. Bill opened the doors of colleges and universities to many military veterans, HEA offered all citizens a greater opportunity to achieve higher education.
There is no denying that minorities in this nation have been historically discriminated against. The higher education setting is no exception. Until Brown, many schools were segregated or refused to admit African Americans. Because of the historic plight that certain minority groups have been faced with, many institutions of higher education have adopted affirmative action policies. Affirmative action requires that certain minority candidates be given preferential treatment or admission. Affirmative action in the college admissions process has been met with constitutional challenge. While affirmative action admissions policies have been found to violate equal protection in the undergraduate context (Gratz v. Bollinger), affirmative action policies that give some preference to a candidate of a minority race in the law school admissions process have been upheld (Grutter v. Bollinger).
Many argue that affirmative action policies are a form of reverse discrimination and should be disallowed. A few states have explicitly disallowed the consideration of race in certain areas, such as the employment and education context. In California, voters formally approved Proposition 209 in 1996, which prohibited state-run institutions from considering race as a factor for hire or admission. The effect of Proposition 209 was to outlaw affirmative action policies in public employment and higher educational settings.
Works Cited
Brown v. Board of Education, 347 U.S. 483. Supreme Court of the US. (1954). Web. 1
G.I. Bill, Pub. L. 78-346, 58 Stat. 284m (1944). Web. 1 Feb. 2016. Web 1 Feb. 2016.
Gratz v. Bollinger, 539 U.S. 244. Supreme Court of the US (2003). Web 1 Feb. 2016.
Grutter v. Bollinger, 539 U.S. 306. Supreme Court of the US (2003). Web 1 Feb. 2016.
Higher Education Act of 1965, Pub. L. 89-329, 79 Stat. 1219 (1965). Web. 1 Feb. 2016.
Plessy v. Ferguson, 163 U.S. 537. Supreme Court of the US. (1896). Web. 1 Feb. 2016. Wisconsin v. Yoder, 406 U.S. 205. Supreme Court of the US. (1972). Web. 1 Feb. 2016.
