One reason that affirmative action is so controversial is that since the 1980s the supreme court has imposed it on the american public despite congressional attempts to end it. most americans admit that they oppose programs that ensure equal treatment for minorities. it is applied only to private businesses and schools, not to government programs and institutions. the supreme court has repeatedly declared it unconstitutional both in principle and in practice. it is viewed as giving preferential treatment, which is unpopular, instead of simply ensuring equal treatment.