M Unit 4 Supreme Court and Civil Rights Plessvy V Ferguson, Brown v Board, Regents v Bakke, adraian v Pena, us. v Va., affirmativive action, mandate, segregation

Plessy v. Ferguson

Establishing seperate but equal

court decision

Ruled that segregation violated the Fourteenth Amendment

mandate

a requirement

desegregation

ended segration

Regents v Bakke 1978 The Facts

Allan Bakke was a white citizen whose medical school application was rejected. He had higher test scores than minority students who were accepted. He argued that he was denied admission based on race alone. Denied because of quotas made by affirmative action.

The Effect Of Segreation: T]he policy of separating the races is usually interpreted as denoting the inferiority of [African Americans]. A sense of inferiority affects the motivation of a child to learn. Segregation . . . has a tendency to [hamper] the educational and mental development of [African American] children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system. According to this excerpt from the opinion of the Court, how does segregation have a "detrimental effect" on minority students? It makes them feel inferior. It affects their motivation to learn. It hampers their social development. It may slow their educational development. It exposes them to integrated schools.

It makes them feel inferior. It affects their motivation to learn. It may slow their educational development.

Interpreting Individual rights How did the decision in Regents of the University of California v. Bakke affect individual rights? It limited rights by ending racial quotas in admissions decisions. It protected rights by allowing racial quotas in admissions decisions. It limited rights by allowing race to be an admissions decision factor. It protected rights by ending quotas but allowing race to be an admissions factor.

It protected rights by ending quotas but allowing race to be an admissions factor.

Brown v Board of Education 1954 The Impact

Overturned the legal precedent set by Plessy v. Ferguson Declared the idea of separate but equal to be a violation of the Fourteenth Amendment Required that desegregation begin in the public schools.

The decision After the Courts ruling Plessy v. Ferguson 1896 The Decision

The Court ruled that Louisiana's law created equal facilities. Segregated facilities were legal if they created equal accessss.

Which statement represents the key difference between the Court's view of equal access in Plessy and its view in Regents? The Court shifted from opposing legal segregation to supporting it. The Court shifted from saying legal segregation did not cause social problems to saying it did. The Court shifted from arguing African Americans were entitled to legal protection to arguing that they were not. The Court shifted from actively discouraging racial segregation to actively encouraging it.

The Court shifted from saying legal segregation did not cause social problems to saying it did.

Brown v Board of Education

Abolishing separate but equal

Plessy v. Ferguson 1896 The Facts

Homer Plessy was arrested for violating segregation laws. He sat in a trains white-only car and refused to move. Plessy argued that his rights to equal protection of the law had been violated.

legal precedent

Overturned separate but equal as a legal practice

Brown v Board of Education

A group of parents sued the Topeka Board of Education in Kansas in 1951. They argued that: segregation naturally resulted in inequality. Segreation made children who were not white feel INFERIOR )they school several miles away crossed a railroad track risk life crossing tracks felt less worthy.)

What were the effects of the Plessy v. Ferguson decision? Check all that apply. It found the Fourteenth Amendment to be unconstitutional. It established a new precedent in declaring the law constitutional. It limited the rights of African American citizens. It allowed the policy of "separate but equal" to continue. It stopped states from creating segregation laws.

It established a new precedent in declaring the law constitutional. It limited the rights of African American citizens. It allowed the policy of "separate but equal" to continue.

desegregation

The process of integrating facilities that had been separated by race

Plessy v. Ferguson 1896 The Impact

Upheld segregation Separate but equal become legal precedent Segregation could continue to be legislated.

United States v Virginia 1996-

Va military institute had a males only that was wrong they could not uphold that they had to let females attend school

Brown v Board of Education: The Decision

We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Chief Justice Earl Warren The opinion of the Court Brown v Board of Education Public education Browns won separate but equal abolished.

affirmative action

a polity promoting greater minority inclusion

Dissent Harlans opposite of ruling

all citizens equal, constitution did not say that African Americans or Indians or whites should be any different all men are equal.

Bakkes Case Affirmative action programs are primarily intended to. Allan Bakke believed he had been rejected for admission ____________solely because of his______________

encourage diversity race

adarand Constructors v Pena 1995-

federal construction contract couldn't be given to someone based on race

social impact

gave force to the growing civil rights movement

Affirmative Action and Desegregation

Affirmative Action and Desegregation Many public institutions created affirmative action programs to continue the process of desegregation. These programs: created quotas for minority admission and hiring gave preference to minority applicants to encourage diversity. 500 openings 100 must be filled by minorities groups example

Plessy v. Ferguson 1896 THE Decision (uphold it) The Court ruled that Louisiana's law was constitutional

Laws permitting, and even requiring their seperation in places where they are liable to be brought into contact do not necessairly imply the inferiority of eithr race to the other. Justin Henry Brown opinion of the Court Plessy v. Fergusion African car not less equal than white american if you dont want to be in the same room with one another that's alright

separate but equal

Legal doctrine that permitted racial seregation in public facilities

Regents v Bakke 1978 The Impact

Quotas and Race Racial quotas could not be used as a way of reducing racial inequalities. Race could be used as a factor to consider in admission (school cant say they require 60 african americans to their school but they can use it is a factor to come to school. ______________________________________________________________ Precedent for future cases: adarand Constructors v Pena 1995-federal construction contract couldn't be given to someone based on race United States v Virginia 1996-Va military institute had a males only that was wrong they could not uphold that they had to let females attend school.

Regents v Bakke 1978 Justice Powell's Opinions

Racial and ethnic distinctions of any sort are inherently suspect and thus call for the most exacting judicial examination. Justice Lewis Powell The opinion of the Court Regents v. Bakke Racial distinction are not inheredity wrong but they need to be looked at closely.

Regents v Bakke

Reviewing "affirmative action"

Brown v Ferguson To separate [African American children] from others . . . solely because of their race generates a feeling of inferiority . . . that may affect their hearts and minds in a way unlikely ever to be undone. . . . The impact is greater when it has the [approval] of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of [African Americans]. A sense of inferiority affects the motivation of a child to learn. Which statement best summarizes this passage? Segregation of schools harms African American children. Children eventually overcome the effects of segregation. Segregation is a form of separation, not discrimination. Segregation has no association with racial inferiority.

Segregation of schools harms African American children.

Brown v Board of Education 1954 The Decision

Segretation You Have these three things 1 Feelings of inferiorty 2 Loss of motivation 3 Fewer opportunities Separate but equal is actually unequal

The Majority Opinion Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other. Which statements summarize Justice Brown's message? Check all that apply. Separation does not necessarily create inequality. Separation implies inferiority. Laws that permit separation can be constitutional. The law cannot permit separation to occur. Separation always creates inferiority.

Separation does not necessarily create inequality. Laws that permit separation can be constitutional.

1890 Louisiana passed the

Seperate car Act it create segregated railroad cars. Required all rairoads to establish "equal but seperate accommodations. Resulted in separate railway cars for African and white riders

Legislation is powerless to [eliminate] racial instincts or to abolish distinctions based upon physical differences.... If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane. Which statement best summarizes Brown's message in this passage? African Americans are not inferior to white citizens. The law cannot cause or correct social differences. Legislation should seek to resolve social problems. African Americans should focus on making political gains.

The law cannot cause or correct social differences.

Segregation

The practice of maintaining separate facilities for different races

The fatal flaw in [the university's] preferential program is its disregard of individual rights as guaranteed by the 14th Amendment. . . . Such rights are not absolute. But when a State's distribution of benefits or [placing] of burdens hinges on ancestry or the color of a person's skin, that individual is entitled to a demonstration that the challenged classification is necessary to promote [an important] state interest. [The university] has failed to carry this burden. Which statement best summarizes this passage? Fourteenth Amendment rights can never be denied. The university failed to justify denying Fourteenth Amendment rights. It is acceptable to discriminate on the basis of ancestry. The university has no interest in protecting Fourteenth Amendment rights.

The university failed to justify denying Fourteenth Amendment rights.

To separate [African American children] from others . . . solely because of their race generates a feeling of inferiority . . . that may affect their hearts and minds in a way unlikely ever to be undone. . . . The impact is greater when it has the [approval] of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of [African Americans]. A sense of inferiority affects the motivation of a child to learn. What is the purpose of this passage? To provide legal support for segregation To note that segregation calls for the separation of races To defend the motives of those who favor segregation To assert that legal segregation is harmful to children.

To assert that legal segregation is harmful to children.

Legislation is powerless to [eliminate] racial instincts or to abolish distinctions based upon physical differences.... If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane. What is the main purpose of this passage? To criticize Louisiana for its segregation of railroad cars To argue against those who oppose segregation To defend segregation as an acceptable practice To deny that legal segregation is necessary

To defend segregation as an acceptable practice