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If you're behind a web filter, please make sure that the domains *.kastatic.org and *.kasandbox.org are unblocked. Guiding Questions Objectives
Explain to students that the Founders believed we had Natural Rights. Ask them to list those rights. Then ask them to explain who protects those rights and how those rights are protected. Have students read the The Fourteenth Amendment and Incorporation Essay. Distribute Handout C: The Founders, the Fourteenth Amendment, and Me. Discuss each of the quotations in the first column of each table, making sure that students understand their meaning. Have students complete Handout C and then report their responses to the whole class. Select six volunteers to perform for the class the script from Handout D: Incorporation – Unintended Consequences Script. Encourage students to create personalities for their roles by using facial expressions, intonation, and appropriate gestures. Once students have finished the presentation, discuss the following questions with the entire class:
Some say that incorporation has resulted in an expansion of our liberties. Others say that incorporation has resulted in an expansion of the federal government. What do you say? Could both be correct? Explain your answer. Have each student research their state constitution and bill of rights and create a chart, listing their state provisions in one column and any similar provisions of the federal Bill of Rights in the other. Discuss these questions:
Have students find an online article about a fundamental freedom protected by the Bill of Rights. Students should:
Have students complete an Exit Slip responding to Question 4 on Handout C, providing a more thoroughly formulated response than they may have initially written. Next Lesson The Progressive EraIn 1896, the Supreme Court ruled in Plessy v. Ferguson (1896) that separate accommodations based on race was constitutional. 58 years later in Brown v. The Board of Education of Topeka (1954) the court ruled that separate accommodations based on race were inherently unequal and so unconstitutional. The lesson below explores how the Supreme Court reversed its own precedent on this critically important issue. ActivityAs a condition of re-joining the Union after the Civil War, former Confederate states had to ratify what have become known as the “Civil War” Amendments. The Thirteenth Amendment ended slavery; the Fourteenth Amendment granted citizenship to and protected the civil rights of former slaves; and the Fifteenth gave adult black men the right to vote. Unfortunately, the amendments alone proved insufficient to protect African Americans’ rights. Beginning in 1877, laws curbing the civil rights of Blacks began sweeping through Southern state legislatures. These laws became known as “Jim Crow” laws after a black minstrel character. Segregation became a legal requirement and not merely a cultural norm in every Southern state as well as some Northern ones. In 1896, Homer A. Plessy challenged a Louisiana statue necessitating separate rail cars for black and white passengers. Plessy claimed the law violated the Fourteenth Amendment’s Equal Protection clause, which requires that a state must not “deny to any person within its jurisdiction the equal protection of the laws.” The Supreme Court disagreed with Plessy’s argument and instead upheld the Louisiana law. In the process, the Court established the doctrine of “separate but equal.” Though the Plessy v. Ferguson (1896) decision never actually used that famous phrase, the ruling upheld the constitutionality of racially separate public accommodations as long as those accommodations were otherwise equal. The lone dissenting Justice in Plessy, John Harlan, objected to the majority’s decision: “[I]n view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.” Public schools were able to remain segregated under the Plessy ruling. As public education became more common in the Twentieth Century, the Supreme Court’s “separate but equal” doctrine began to have more of an effect on children. Black schools and white schools often received disproportionate funding from state and local governments. In Washington DC, lack of new construction caused overcrowding in black schools, while nearby white schools were under-used. In the Twentieth Century, community-based groups paired with the NAACP to conduct targeted legal challenges to the “separate but equal” doctrine. Their goal was to overturn the “separate but equal” doctrine by building a case that would force the Supreme Court to declare that even if accommodations were “equal” in other ways, segregation itself was unconstitutional. One of the most promising fronts was in the arena of public education. Topeka, Kansas’ school system provided the perfect case because the school buildings, textbooks, materials and teacher salaries were virtually equal in black and white schools. Topeka’s Board of Education operated under an 1879 law, “Schools in Unorganized Counties,” that permitted, but did not require, segregation. In 1951, thirteen parents sued on behalf of their twenty children. Oliver Brown, father of third-grader Linda Brown, became the named plaintiff. After making its way through the District Courts, the Brown case went to the Supreme Court. In 1954, sixty years after Plessy v. Ferguson, the Supreme Court ruled unanimously in Brown v. Board of Education that “separate but equal” was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. The Court cited a series of tests performed by two psychologists, Kenneth and Mamie Clark, demonstrating that segregation had a negative effect on the psyche of black children, instilling in them a sense of inferiority: “To separate [children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.” Plessywas officially overturned, as separate accommodations were judges to be “inherently unequal.” Writing for the unanimous Court, Justice Earl Warren stated, “Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other ‘tangible’ factors may be equal. The ‘separate but equal’ doctrine adopted in Plessy v. Ferguson has no place in the field of public education.” After the 1954 decision in Brown v. Board of Education declared state-mandated segregation in public schools unconstitutional, the case was re-argued to determine how to correct the violations. In a directive known as Brown II, the Supreme Court ordered District Courts to determine whether local governments were pursuing integration “with all deliberate speed.” Some states and localities began earnest efforts to integrate, while others used the “deliberate speed” provision to delay integration. In the case of Little Rock Arkansas, integration came only after the President mobilized the National Guard to enforce it. Discussion Questions
ExtensionWhat role was there for other branches and levels of government in enforcing the Court’s ruling? Create a brief PowerPoint presentation in which you develop your response. Though Brown is perhaps the most known public education case, it is not the only suit brought against the segregationist laws governing state and local education systems. Brown itself was actually a combination of five cases-Brown (Topeka, Kansas), Davis (Farmville, Virginia), Belton (Wilmington, Delaware), Bolling (Washington, D.C.), and Briggs (Clarendon County, South Carolina). You can learn more about the other four cases using the resources below:
Answer Key
Extensions Answer KeyIt was the executive branch’s responsibility to enforce the decision, and it was up to state governments to actually implement integration in practice. Congress could have tied funding to states passing laws that banned segregation. The president could have issued an executive order or (as was the case with the Little Rock 9) federalize the state’s National Guard and have the troops escort the children to school. How does the Supreme Court use the 14th Amendment?The 14th Amendment also establishes the right to due process at the state level. Due process has been used by the Supreme Court to strike down state legislation that restricts personal liberties and interests not explicitly mentioned in the Constitution, such as the right to privacy. The 1973 Roe v.
How has the Supreme Court interpreted the 14th Amendment's due process clause?The Fourteenth Amendment clause guaranteeing that no state shall “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has interpreted the due process clause to provide for “selective incorporation” of amendments into the states, meaning that neither the states nor the ...
What clause in the 14th Amendment did the Supreme Court rely on to say that the right to bear arms was a fundamental right that a state could not take away?In a five-four split decision, the McDonald Court held that an individual's right to keep and bear arms is incorporated and applicable to the states through the 14th Amendment's Due Process Clause.
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What term is used to describe the way the Supreme Court used the Fourteenth Amendment to apply the Bill of Rights Dow to the state level?
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