Case: Adarand
Constructors, Inc. v PenaBackground: Adarand Constructors, Inc.
were a construction company specializing in guardrail work who
submitted a bid for a contract by the Department of Transportation.
The DoT eventually gave the contract to Gonzales Construction
Company because they were certified as a minority business which
the DoT was looking as it would receive increased compensation for
hiring a minority company. It was argued January 17th, 1995 and
decided on June 12th, 1995.Question of Law: Can disadvantage be
based on race alone? If disadvantage can be based on race, then
does that violate the Due Process Clause of the 5th amendment?AIR:
The action that triggered the suit was that Adarand Constructors,
Inc. were denied a contract by the DoT because of the increased
compensation the contractor would receive if they hired a company
owned by a minority. The injury suffered by the litigant was that
they were unable to receive a government contract for work that
they specialize in and that contract was handed to a minority
company even though the contractor would have given the contract to
Adarand if not for the added compensation offered for hiring
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Fullilove v
Klutznick held that legislation enacted by Congress requiring at
least 10% of federal funds granted for local public works programs
had to be used to hire minority businesses. The Court held that
this program was a legitimate use of Congressional power and did
not have to act with color-blindness in mind. Metro Broadcasting v
FCC was a case that involved multiple complaints by companies about
the minority preference policies by the FCC. The Court held that
the FCC acted fairly by using these methods because they attempted
to fix the problem of past discrimination and that it did not
violate congressional objectives for the
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