The purpose of this paper is to discuss whether affirmative action plans for public schools and institutions of higher education can be justified under the compelling interest clause of the Fourteenth Amendment. Part 1 of the paper provides an historical as well as legal chronology of affirmative action in the U.S. Part 2 takes an analytical look at affirmative action in the societal setting. Part 3 examines this contemporary issue in light of discrimination in the schools. Part 4 discusses contemporary educational implications of affirmative action. The conclusion states that although the question of whether affirmative action can be justified under the compelling interest clause is a constitutional one, the power to operationalize this concept to its fullest rests with the citizens. It suggests that educators attempt to alter future public opinion before legal intervention is necessary. (Author/LD)