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The Court System and their Tools.  Answer each of the following questions completely: 1. What are two specific similarities in the opinions in Plessy.

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Presentation on theme: "The Court System and their Tools.  Answer each of the following questions completely: 1. What are two specific similarities in the opinions in Plessy."— Presentation transcript:

1 The Court System and their Tools

2  Answer each of the following questions completely: 1. What are two specific similarities in the opinions in Plessy and Brown? 2. Consider this quote: “These two amendments [Thirteenth and Fourteenth], if enforced according to their true intent and meaning, will protect all the civil rights that pertain to freedom and citizenship... “ According to Harlan, why was the 14 th Amendment necessary?

3 Justice Breyer’s six tools…..

4  Plessy v. Ferguson (1896)  Text  Purpose  History  Tradition  Precedent  consequence  Brown v. Board of Education (1954)  Text  Purpose  History  Tradition  Precedent  Consequence

5  Consider psychological studies  Continued racism  Effects of segregation

6 Original  States as plaintiffs (11 th )  Disputes among 2 or more states (11 th )  Involving ambassadors  U.S. against states Appellate  Constitutional Issue arising from lower court  Issue of Federal Law  Example: defendant who is convicted appeals the decision based on injustice of the process such as inadequately collected evidence or jury-tampering.

7  The Plessy case began in a state court, why?  The Brown v. Board case began in a federal court. Why?

8  Strategies:  Look up unclear words  Identify the constitutional issues  Be clear on the judicial reasoning  Look up precedent cases in Wikipedia  Respond to these questions:  What changed in American society in the time between the two cases?  What were the similarities in the dissent in the first case and the majority in the second case?


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