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Published byAlan Jacobs Modified over 8 years ago
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The Court System and their Tools
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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?
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Justice Breyer’s six tools…..
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Plessy v. Ferguson (1896) Text Purpose History Tradition Precedent consequence Brown v. Board of Education (1954) Text Purpose History Tradition Precedent Consequence
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Consider psychological studies Continued racism Effects of segregation
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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.
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The Plessy case began in a state court, why? The Brown v. Board case began in a federal court. Why?
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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?
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