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Order In The Court
Lesson 1:
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Academic Standards
Philanthropy Framework

Purpose:

Using the Internet, learners examine primary source documents introducing the historic origins and Constitutional background of affirmative action.

Duration:

One Fifty-Minute Class Period

Objectives:

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.

Materials:

  • Access to computer lab with Internet access
     
  • Attachment One: Plessy v. Ferguson 1896 Reading Guide
     
  • Attachment Two: Brown v. Board of Education 1954 Reading Guide
Handout 1
Plessy v. Ferguson 1896 Reading Guide
Handout 2
Brown v. Board of Education 1954 Reading Guide

Instructional Procedure(s):

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.

  • In the computer lab, give students the Attachment One: Plessy v. Ferguson Reading Guide Discuss vocabulary words and instruct them to fill in the definitions.
  • Instruct the class to access the Internet site http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=163&invol=537 Skim through the Overview, the Ruling (Opinion) and Justice Harlan's Dissent.
  • Instruct the class to fill in Attachment One: Plessy v. Ferguson Reading Guide. Ask students to volunteer whatever they know about the case Brown v. Board of Education. Establish that it was the case that overruled Plessy
  • Give students Attachment Two: Brown v. Board of Education Reading Guide. Discuss vocabulary words and instruct them to fill in the definitions.
  • Instruct the class to access the Internet site http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=349&invol=294 and skim through the overview and ruling (Opinion), and fill in the reading guide. 
  • In large group discussion, the class orally compares/contrasts Plessy and Brown.

Assessment:

Learners complete and turn in Attachments One and Two, Reading Guides for Plessy and Brown cases.

Bibliographical References:

Lesson Developed By:

Christine Knapp
Mt. Pleasant Public Schools
Mt. Pleasant High School
Mt. Pleasant, MI 48858

Handouts:

Handout 1Print Handout 1

Plessy v. Ferguson 1896 Reading Guide

Vocabulary 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?

 

 


 

Handout 2Print Handout 2

Brown v. Board of Education 1954 Reading Guide

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?

 


 

Philanthropy Framework:

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Unit Contents:

Overview:Affirmative Action Summary

Lessons:

1.
Order In The Court
2.
Little Rock, 1957
3.
Affirmative Action At Work
4.
Court So Orders (The )

All rights reserved. Permission is granted to freely use this information for nonprofit (noncommercial), educational purposes only. Copyright must be acknowledged on all copies.

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