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.

Mission Statement

Established in 1999, the Institute is a 501(c)(3) not for profit charity focused on providing educational resources on America's Founding documents and principles for teachers and students of American History and Civics. Our mission is to educate young people about the words and ideas of the Founders, the liberties guaranteed in our Founding documents, and how our Founding principles continue to affect and shape a free society.

Components of Professional Development

Enhance our own knowledge

Explore new teaching strategies

Enrich the expertise of other teachers

“There is no knowledge that is not power.” ~Ralph Waldo Emerson

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

We Want YOU

To use our curriculum

To let us know how these resources work

in your classroom

To pilot or evaluate our curriculum