Warm UP 11-28 Is the Supreme Court a vehicle for change?

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Presentation transcript:

Warm UP 11-28 Is the Supreme Court a vehicle for change? In other words, do you think the Supreme Court sets the precedent ahead of the trends in the US, or just follow them? Explain your reasoning

Civil Rights Cases: African Americans How has the court handled cases about Civil Rights for African Americans in its history

Plessy v. Ferguson: Case Louisiana passed the “Separate Car Act” forcing people into different train cars based on race Homer Plessy was of mixed race (7/8 European and 1/8 African) but considered Black by Louisiana law Convinced by his fellow activists to challenge the law under the 14th Amendment

Plessy v. Ferguson: Decision Supreme Court decided 7-1 in favor of Louisiana Majority: Said the 14th Amendment demanded that treatment be equal, so if it was equal it was ok if races were separate Dissent: Said that no matter how rigorous the supervision, no institution would be truly equal if separated by race

Plessy v. Ferguson: Effects Policy of Separate but Equal was policy in the south It was inherently unequal Segregation by race spreads to every level of society including schools

Brown v. Board of Education: Case Linda Brown had to commute across town to the all Black school, when she lived down the street from the White school Her school had broken down buildings, not enough desks, and textbooks over 20 years old Her parents, and 12 others sued saying this was unconstitutional and had a detrimental effect on student learning

Brown v. Board of Education: Decision Court led by Justice Hugo Black and Chief Justice Earl Warren decided 9-0 in favor of Brown Majority: said Separate but Equal was inherently unequal and violated the Equal Protection Clause of the 14th Amendment Dissent: None.

Brown v. Board of Education: Consequences Segregation across all aspects of society is now illegal Schools close their doors to avoid integration Parents resist and fight (violently) against racial integration

University of California v. Bakke: Case After Brown decision Affirmative Action was instituted to make it easier for minority students who had previously been denied admission into universities to get an education and pass on the advantages that come with it Allan Bakke was a white man who applied to medical school at the University of California Berkley on special admission but was denied When he found out that the university held 16 of 100 seats only for minority students he sued saying it violated the EPC of the 14th Amendment

University of California v. Bakke: Decision Split Decision: Justice Powell swung the decision both ways Majority: said the policy did violate the 14th Amendment as it reserved seats based upon race and no other “major factors” 2nd Majority: said race could be one of many factors in determining admission, but not the only “major factor”

University of California v. Bakke: Consequences Race is still used today for admission The university cannot have quotas Most use a point system and include low income background, first person in family to go to college, and extra curricular activities in addition to race

On Separate Paper… Chose what you see as the most controversial case (at the time it was written) and explain why that is in a short paragraph (5 sentences minimum).

Why was US v. Nixon important at the time? Summary Why was US v. Nixon important at the time? Why is it still important today?