Using the Internet, learners examine primary source documents introducing the historic origins and Constitutional background of affirmative action.
One Fifty-Minute Class Period
The learner will:
- Read case overviews and Court opinions on the Supreme Court cases Plessy v. Ferguson 1896 and Brown v. Board of Education 1954, and answer questions from this reading.
Anticipatory Set:
Give learners this scenario:
Imagine there are two public schools in your area. School one is a beautiful new building with state of the art technology, catered food services, and only the best, most creative teachers. On the other hand, school two is old, overcrowded and dingy. There is no access to technology and only the government-sponsored hot lunch program. The teachers are overworked, and for the most part, only putting in their time until retirement by giving out worksheets almost every day. Since these are public schools, you decide you want to go to school one. When you go to the school to enroll, you are told that you must pass a background check before you can be admitted. Since you have always been an honor student and very active in extra curricular activities, you are confident that this will not be a problem. In fact, you are a bit relieved, thinking that you will be attending school with high-achieving peers. In a few days, you get a letter from school one stating that they are sorry but you do not meet enrollment requirements. Confused, you call school one, only to find that your grades and extra curricular activities were not considered in determining your enrollment status. In fact, the only requirement for enrollment is that your parents must have an income of at least $150,000 per year, and as your family income falls well short of that number, you are required to attend school two.
Ask the class if this is legal, and ask for reasoning behind their answers.
Learners complete and turn in Attachments One and Two, Reading Guides for Plessy and Brown cases.
Lesson Developed By:
Christine KnappVocabulary Words
Segregation:
Black Codes:
Supreme Court:
Opinion of the Court:
Dissenting Opinion:
Refer to the Case Overview to answer the following questions.
What were the traditions that caused former slaves to begin at a disadvantage at the end of the Civil War?
What were black codes?
What Supreme Court ruling asserted that racial distinctions / segregation were NOT unconstitutional?
What phrase was coined to "sum up" the Court's ruling on legally enforced segregation, as long as facilities for blacks are not inferior to those of whites?
Which Justice dissented on the Court's opinion (ruling)?
What was his reasoning?
Refer to the Opinion of the Court to answer the following questions:
What, specifically, is the basis of this case?
What Constitutional Amendment(s) are in question in this case?
What did the Court decide is the main purpose of the Fourteenth Amendment?
Did the Court decide that the Fourteenth Amendment was written to abolish distinctions based on color or social standing?
Did the Court believe that the Louisiana ruling was reasonable?
Refer to Justice Harlan's dissent:
What phrases does Justice Harlan use to describe the Constitution's stance on Civil Rights?
Vocabulary Words
NAACP:
Thurgood Marshall:
"Landmark Case":
Refer to the Case Overview to answer the following questions:
What did the NAACP advocate concerning the "separate but equal" ruling in Plessey?
What were the first schools the Court ordered segregated?
What basic question did the NAACP feel the Court was ready to tackle in 1952?
What components made Brown a "landmark case?" (paragraph four) What social cause did Brown push the nation to "pick up?"
Refer to the Opinion of the Court to answer the following questions:
What were the plaintiffs seeking when bringing Brown before the Court?
How does the Core Democratic Value "equal protection under the law" relate to this case?
What "tangible" factors did the Court state were "equalized" at the schools in question?
Did the Court feel that segregated schools, equal in all other areas, did in fact provide an equal education? Explain.
What did the Court rule on the doctrine of "separate but equal" education?
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