Many scholars and observers have argued that the ratification of the Fourteenth Amendment to the Constitution has become the single most important act in all of United States Politics.
...of California. Bakke claimed that because the University reserved 16 places for minority students, all of who accepted were less qualified than he, his right to equal protection guaranteed in the fourteenth amendment was violated. Under the equal protection clause, he argued that he should be given an equal opportunity to be accepted. If race was a primary factor in the admissions process, then wasn’t his equality of opportunity breached? The courts decided in a 6-2 vote that race could be a factor in the admissions process but not the only factor. This decision, however, contained mixed opinions. Four judges believed that a minority quota system did in fact violate equal protection, because whites had less of an opportunity to gain admission. Four remaining judges argued that affirmative action was acceptable as long as it was not demeaning to any group of people, reasoning that the quotas were to promote equality for the minorities who had a disadvantage in the college process. Because of the opposing views of the case, the affirmative action process is still being performed. Violations of the due process clause have also been tested in court, as in the case of Gideon v. Wainwright. After Clarence Gideon was arrested for a felony (breaking and entering) he was unable to provide a lawyer for himself due to his insufficient funds. The defendant requested a lawyer be provided for him but was denied due to a Fl...