The Court System and their Tools

 Answer each of the following questions completely: 1. What are two specific similarities in the opinions in Plessy and Brown? 2. Consider this quote: “These two amendments [Thirteenth and Fourteenth], if enforced according to their true intent and meaning, will protect all the civil rights that pertain to freedom and citizenship... “ According to Harlan, why was the 14 th Amendment necessary?

Justice Breyer’s six tools…..

 Plessy v. Ferguson (1896)  Text  Purpose  History  Tradition  Precedent  consequence  Brown v. Board of Education (1954)  Text  Purpose  History  Tradition  Precedent  Consequence

 Consider psychological studies  Continued racism  Effects of segregation

Original  States as plaintiffs (11 th )  Disputes among 2 or more states (11 th )  Involving ambassadors  U.S. against states Appellate  Constitutional Issue arising from lower court  Issue of Federal Law  Example: defendant who is convicted appeals the decision based on injustice of the process such as inadequately collected evidence or jury-tampering.

 The Plessy case began in a state court, why?  The Brown v. Board case began in a federal court. Why?

 Strategies:  Look up unclear words  Identify the constitutional issues  Be clear on the judicial reasoning  Look up precedent cases in Wikipedia  Respond to these questions:  What changed in American society in the time between the two cases?  What were the similarities in the dissent in the first case and the majority in the second case?