When we look at the equal protection clause, we acknowledge that there is not enough resources for
everyone.
How do we achieve a more equal society?
oThrough the "equality of opportunity"
The Equality of opportunity gives us just as much dilemmas though such as: do
we want it equal in self or in state, we have to give each individual an
opportunity ----to obtain a resource, and some people may end up with little or no
resources at all.
What we want is prospect in regards to equal opportunity
-What we REALLY want is means in regards to equal opportunity (tools
to achieve)
Both most likely would end with one equal party and one unequal party.
EXAMPLE: Say you have two college students, both in their last semester of their last year. One is an
English major and one is a Biology Major. Both want to go on to medical school. If PROSPECT in
regards to equal opportunity is used than the college would allow both of them to apply as they are, the
result would most likely be in favor of the biology major. However, looking at the MEANS in regards to
equal opportunity the college would help the English major by advising them to take more science course
in order to better help them into medical school.
Probability: Equality of opportunity depends on it. There is always going to be a probability of success.
-To some degree we have to take into consideration prior inequalities
-Look at the gap between people
For equal opportunity to work we need a Probability of success (odds in our favor)
1. Formal equality of opportunity- We are going to eliminate discriminatory laws, attempt to get rid of
informal systematic discrimination, and we are going to get rid of restricted covenant.
2. Fair equality of opportunity- We want individuals with similar skills and similar abilities to have the
same probability of opportunity of success to achieve goals.
----EXAMPLE: say sometime in the future we are able to analyze the potential of children as workers
and we take two children and figure out they both have the mentality to become attorneys. However, one
of the children comes from a family of attorneys and the other came from a family of janitors.
---------requires more resources.
Equal protection clause only protects resources that belong to the government.
Affirmative Action is the only US policy targeted at discrimination.
Supreme Court Views
1. Conservative judges tend to think equal protection should be given to anyone regardless of race.
-----Compensatory Justice- individuals can be compensated when they are victims of discrimination
---------"A specific intent to discriminate" must be present
2. Liberal judges believe in global equality or equality of results. Are willing to have marginal
discrimination
------Distributor Justice- equal resources to all people.
