Post on 26-Oct-2014
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Supreme Court DBQ: Equal Protection and Affirmative
ActionThe curriculum, Supreme Court
DBQs, was made possible by a
generous grant from the National
Endowment for the Humanities through its We
the People program.
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Common Core State Standards for English Language Arts & Literacy in History/Social Studies
8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).
Equal Protection and Affirmative Action: Related
CasesPlessy v. Ferguson, 1896, p. 41
Brown v. Board of Education, 1954, p. 53
Regents of the University of California v. Bakke, 1978 p. 63
Gratz v. Bollinger and Grutter v. Bollinger, 2003, p. 75
What was the key holding of the plurality decision in Regents of the University of
California v. Bakke?1. Giving preference to members of a group for no other reason than race was discriminatory and unconstitutional.
2. A diverse student body was not a constitutionally permissible goal for public universities.
3. UC-Davis could not take students’ race into account at all when considering applications.
4. Affirmative action programs were necessary to right past wrongs due to societal discrimination.
5. Not sure
Regents of the University of California v. Bakke, 1978 p. 63
Equal Protection and Affirmative Action: Related
Cases
Regents of the University of California v. Bakke, 1978 p. 63Gratz v. Bollinger and Grutter v. Bollinger, 2003, p. 75
Bakke GrutterGratz
Apply Case Briefing Sheet, p. vi—discuss with a partner.
Case Name and Year:
Facts of the case:
Summary of Petitioner’s Arguments
Summary of Respondent’s Arguments
How did the Supreme Court decide the case?
How would you decide the case and why?
Read background for Bakke, p. 63
Skim documents A-M
10
Regents Both sides Bakke
Document Analysis for Bakke lesson: which attorney would be most likely to use each
document?
Document Analysis for Bakke lesson
Regents Both sides BakkeE Pres. Johnson’s speech (1965)
B JFK’s Executive Order (1961)
A 14th Amendment Equal Protection Clause
F UC-Davis Med School Demographics
I UC-Davis reply to Bakke’s qualifications
C Crockett Cartoon
G Education statistics (1940-1980)
J Oral argument 1978
D Title VI of CRA 1964
H Bakke’s credentials
The Court’s decisions and note would not have been used by either party. But M, Justice Marshall’s opinion, follows the reasoning for Regents. K, Marshall’s memo, could be used by either party; while L, Justice Powell’s plurality, follows the reasoning of Bakke.
Moot Court: Bakke Case, p. 63Divide class into 3 groups:
– 9 Justices– Advocates for petitioner– Advocates for respondent Give time for planning: Justices decide what
questions they want answered in oral arguments; advocates for each side plan their oral arguments.
Allow equal time for presentation of each side, including interruptions from Justices (or not—your choice).
Justices deliberate and announce decision. Deliberation is actually done in private Supreme Court conference, but you decide how to do it in class.
Oral ArgumentsAt the beginning of each session, the
Marshal of the Court (Court Crier) announces:
"Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!"
The Chief Justice will begin the oral argument phase by saying, “Petitioner, you may begin.”
Summary of the Bakke Decision“The question came to the Supreme Court, and in
the initial decision, the Court split, with four members asserting that affirmative action plans involving racial classification were permissible under the Fourteenth Amendment, and four others claiming that any racial considerations violated the 1964 Civil Rights Act. Justice Lewis Powell believed that some affirmative action plans, if carefully crafted, could pass both constitutional and statutory scrutiny, and he shaped a classic transitional decision. Race could be a factor, but only one of many, used to seek a balance. The decision did not really answer the questions raised by affirmative action, but paved the way for the Court and the society to adopt some affirmative action plans, and to begin the debate over just how far to go in this difficult area.”
http://usinfo.state.gov/usa/infousa/facts/democrac/41.htm
USINFO from the United States Department of State
Thesis StatementsStudents tend to struggle with
thesis statements.
Appraise the claim that the University of California at Davis special admissions program resulted in unconstitutional reverse discrimination. P. 64
Note scoring guidelines, p. 245. A good thesis statement is critical to developing a good essay.
Writing a good thesis statement—– Analyze the prompt: “assess,” “tyranny of
the majority”.– Fully address all parts of the prompt.– Clearly take a side—make a declarative
statement that one thing was more important, more persuasive, etc. than another. Since the verb in the prompt is often something like “assess” or “evaluate,” the thesis statement should show which side the writer takes.
– Suggest a “table of contents ”or road map for the essay—show what elements enter into consideration.
– Be sure that the rest of the essay proves the thesis statement with abundant and persuasive facts and evidence.
Tips for Thesis Statements
A Suggested Thesis Statement… for Bakke DBQ
While the University of California at Davis special admissions program was intended to align with federal guidelines to provide more chances for minorities to enroll in prestigious colleges, it resulted in unconstitutional discrimination because it established a quota system that violated the equal protection clause.
What was the key holding of the plurality decision in Regents of the University of
California v. Bakke?1. Giving preference to members of a group for no other reason than race was discriminatory and unconstitutional.
2. A diverse student body was not a constitutionally permissible goal for public universities.
3. UC-Davis could not take students’ race into account at all when considering applications.
4. Affirmative action programs were necessary to right past wrongs due to societal discrimination.
5. Not sure
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