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Case Reversal Questions to Consider

Case Reversal Questions to Consider. How to read a court case. I – History of the case and Constitutional issue II – History of the subject III – Precedent cases and Constitutional connection IV- Justification for the Court’s role in the ruling V- Opinion. Why are case reversals important?.

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Case Reversal Questions to Consider

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  1. Case Reversal Questions to Consider

  2. How to read a court case I – History of the case and Constitutional issue II – History of the subject III – Precedent cases and Constitutional connection IV- Justification for the Court’s role in the ruling V- Opinion

  3. Why are case reversals important? • Traditionally the parts of the dissenting opinion becomes the new majority opinion • The precedent from the original case gets replaced • Can show a different make up of the court (strict or loose justices in the majority) • Justices don't easily accept a writ of certiorari to cases that would overturn a decision

  4. What do you look for? • Judicial interpretation • Personal values and opinions • Note of societal changes and/or shifts

  5. Plessy v. Ferguson (1896) • What do the justices state is the object of the Fourteenth Amendment? • The Plessy decision distinguishes between political and social equality. Discuss this distinction. Can one exist without the other? • The decision states that legislation cannot overcome social prejudice. Can it reinforce social prejudice? How? • According to Justice Brown's opinion, social equality must be the result of what three factors? • After the court dismissed the Thirteenth Amendment violation argument, it reduced the question before the court to whether or not Louisiana's legislation is reasonable. What is the "reasonable" standard and how did the court apply it in this case?

  6. Brown V. Board of Education, Topeka Kansas (1954) • In Chief Justice Warren's opinion, how valuable is education? Why? • What does the Court mean by the "tangible" factors of equality? Are these tangible factors the only factors the Court considered when determining whether the Fourteenth Amendment was violated? • According to the Supreme Court of the United States, what "intangible" factors play a role in whether school facilities are truly equal? • Can you find any weaknesses in the basis of the Court's decision? • Do you think that there are still consequences resulting from schools being segregated in the past?

  7. Frontline - Separate and Unequal

  8. Reflection Questions and Topics • What are your initial reactions to the video? • How does the Brown v. Board ruling and the 14th amendment play into what is happening in Baton Rouge? Hint: The court ruled that separate but equal was unconstitutional, are we reverting back to that? Why? • Does bussing have a place in 2016 society? • What is the perceived value of having diversity in schools? • Can we justify Supreme Court involvement in education, which is a state run program? • Is socio-economic segregation the same as racial segregation? Where does this stem from?

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