1. Section Outline 1 of 7 Our Enduring Constitution Section 2: A Flexible Framework I.The Role of the Supreme Court II.Equality and Segregation III.Equality and Affirmative Action IV.Women and Equality Section Reading Support Transparency

2. 2 of 7 Our Enduring Constitution Section 2: A Flexible Framework Main Idea Court decisions set important precedents, but they can be made irrelevant by the passage of future constitutional amendments. Key Terms Equal protection Segregation Affirmative action

3. The Role of the Supreme Court Overturning a Decision —Amendments to the Constitution been made to expand the rights of African Americans and women. The Supreme Court applies the principles of the Constitution to the cases or issues that it hears. 3 of 7 Our Enduring Constitution Section 2: A Flexible Framework Interpreting a Principle —Justices on the Supreme Court have the job of interpreting the Constitution and its amendments as they apply to specific cases. Equal Protection —This means that people must be treated fairly, but it does not mean that everyone must be treated exactly the same way.

4. Equality and Segregation Plessy v. Ferguson, 1896 —Following the Civil War, many states passed laws requiring segregation, the separation of blacks and whites in public places such as hotels, schools, and trains. —The Supreme Court ruled in 1896 that segregation did not violate the Fourteenth Amendment, so long as blacks and whites had access to “separate but equal” facilities. 4 of 7 Our Enduring Constitution Section 2: A Flexible Framework Opposition to Segregation —NAACP and Thurgood Marshall Brown v. Board of Education, 1954 —The Supreme Court ruled that the “separate but equal” standard in Plessy v. Ferguson had no place in public education. —Plessy v. Ferguson was overturned and segregation laws were declared unconstitutional; segregation was now illegal.

5. 5 of 7 Our Enduring Constitution Section 2: A Flexible Framework Equality and Affirmative Action Affirmative Action —Steps to counteract the effects of past racial discrimination and discrimination against women —The purpose is to help undo past wrongs. University of California v. Bakke, 1978 —Allan Bakke was rejected from medical school despite having better credentials than minority applicants. —He sued the Medical School at UC Davis for reverse discrimination. —The Supreme Court ruled that race could be a factor in deciding admissions.

6. 6 of 7 Our Enduring Constitution Section 2: A Flexible Framework Women and Equality Women in the Workplace —May a company hire only males? —May they have different rules for women and men? —May they pay men and women differently? Many of these issues are being debated in the American judicial system today. —The Phillips Case: Companies may not have “one hiring policy for women and another for men.” The Supreme Court and the Constitution —All American citizens are entitled to equal protection. —New questions about equal protection are constantly arising, and the judicial system must review such cases to determine whether or not the Constitution is being followed.

7. 7 of 7 Our Enduring Constitution: Section 2 Section Reading Support Transparency